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Boston College Law School Magazine
Winter 1-1-2019
BC Law Magazine Winter 2019
Boston College Law School
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GREAT CASE Busted! A Drug Tale BOSTON COLLEGE for the LAW SCHOOL MAGAZINE Record Books WINTER 2019 BC.EDU/BCLAWMAGAZINE CLINICAL EDUCATION Ode to LAB Stories from the Crucible of Young Lawyering
PRISON REFORM An Ex-Con’s Lament The Cruelty of Mandatory Minimums
DEFYING THE ODDS, RANDALL McMILLAN ’95 ESCAPED THE UNRAVELING OF PRE-RENEWAL BROOKLYN TO EMERGE AS A FAIR-MINDED NEGOTIATOR, ADVISOR, AND INFLUENCER IN THE MUSIC INDUSTRY BC Law Magazine
CANDID
Emma Coffey ’20 races through school to achieve her childhood dream. She is the first student in the 3+3 Program that enables BC undergraduates Photograph by DIANA LEVINE to combine senior year with the first year of law school.Page 12 Contents WINTER 2019 VOLUME 27 / NUMBER 1
Clockwise, from top left, Andrew ’96 and Jennifer Borggaard ’96; Professor Kent Greenfield; Abigail Rosenfeld ’21; student Vasundhara Prasad writes of the injustice of non-disclosure agreements in sexual abuse settlements.
Features 38 7
20 For the Record Defying the odds, Randall McMillan ’95 withstood a bleak upbringing animated by art, clung to his love of music, and escaped the unraveling of pre-renewal 56 Brooklyn to emerge as a fair-minded negotiator, ad- visor, and influencer in the entertainment industry. By Chad Konecky
26 The Remarkable, Heroin-Laced, High-Seas, 50 Cartel-Sniffing Takedown Drawing upon a singular skill set, Andrés Torres ’08 built a case that Foremost 8 Impact How BC Law has Esquire spanned three continents 2 In Limine From the Editor. earned its place as a policy 38 Generations Jennifer ’96 to snag kingpin drug powerhouse; and more. and Andrew Borggaard ’96. traffickers and torpedo 3 For the Record a virtually undetectable Updates and contributors. 10 Faculty Scholarship 39 Class Notes smuggling operation. Professor Daniel Kanstroom By Brendan McKinnon ’19 4 Behind the Columns warns of a rule-of-law and 44 Alumni News A Dangerous Lie: human rights catastrophe. Tributes to Margaret Heck- Nationalism is blind to ler ’56 and Michael Deland 32 the value of diversity. 12 Candid Emma Coffey ’20. ’69; Berney’s Raiders; Bal- Once Upon a Time By Dean Vincent Rougeau liro ’81 reps Kevin Spacey. As BC Law’s clinical pro- 14 In the Field grams celebrate fifty Buddy Greene ’97, Rita 48 Click Reunion Weekend. years, alumni tell stories Docket O’Neill ’04, and four other about the seminal cases 6 In Brief: Professor Kent alumni on the job. 50 Advancing Excellence that changed their lives Greenfield’s new book when they were students. explains why corporate 16 Brainstorm 52 The 2018 Reunion By Jeri Zeder citizenship is a good thing; Dean Vincent Rougeau and Giving Report Ropes & Gray and BC Law Donnell Wright. host a major global intel- 56 In Closing Time to rethink On the Cover Randall McMillan ’95 photographed in Brooklyn. lectual property confer- 18 Evidence Far or near, non-disclosure contracts. Photograph by Joshua Dalsimer ence; student triumphs. migration is a fact of life. Vasundhara Prasad ’19
Photographs, clockwise from top left, MATT KALINOWSKI; DANIELLE RIVARD; REBA SALDANHA; THOMAS FUCHS Winter 2019 BC LAW MAGAZINE 1 IN LIMINE Foremost
What We Learn from will be leaders anyway. So, he asks, what kind me an outlet,” McMillan says. “[It] helped me of world do you want? feel connected to what was happening in the the Littlest Leaders His question brings to mind our cover story streets that was positive, as opposed to what about Randall McMillan ’95, who was raised in was dangerous. It made me feel like I was Intelligence is a shameful thing to a struggling, violence-prone Brooklyn neigh- part of my environment, yet connected with waste. As a friend who works for borhood, a place that broke some of his best the things that were blossoming, not dying. It a nonprofit providing housing in friends and damaged many others. He saw the let me outside of those artificial borders my low-income neighborhoods is fond of saying, bad temptations. He could have succumbed. grandmother set for me. I honestly think my there are kids from every population who So what enabled this child of urban dysfunc- eclectic interest in music during those years is are going to be leaders, and they show up at tion to survive and ultimately thrive at the top why I’m here today…. I think that’s a parallel to random. Whether you take them in and love of America’s music industry instead? when I’m deal-making in the music business.” them or push them out and hate them, they The psychologist Howard Gardner theo- Cornell University taught other lessons. rizes that multiple intelligences contribute to “Adapting, effectively communicating, and an individual’s performance. He breaks these negotiating two different worlds—where I down into eight components: logical, spatial, was from and where I found myself—became linguistic, interpersonal, naturalist, kines- integral to my own survival and success. thetic, musical, and intrapersonal. I learned how to listen more and identify Humbly and in quiet statements and recol- the crux of what was important to people,” lections, McMillan emerges as a fine example McMillan explains. “I realized that interfac- of both my friend’s and psychologist Gardner’s ing that way would allow me to accomplish observations—that strength comes in many whatever my agenda was.” guises and out of many backgrounds, that A brain—allowed the space to grow and leaders are not made, they are born. And they flourish—is what McMillan’s story allows us are loved and respected along the way. to witness. There is a lot there. Read on.
Have a listen: “There were many things VICKI SANDERS, Editor I wasn’t able to participate in…. Music gave [email protected]
CONNECT
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2 BC LAW MAGAZINE Winter 2019 Editor photograph by DIANA LEVINE FOR THE RECORD
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WINTER 2019 VOLUME 27 / NUMBER 1 Stolen Mailbox Case Gets Stranger
DEAN There is no end in sight for resolution Vincent Rougeau of the cases against husband-and-wife Louis and Katherine Kealoha, the dis- EDITOR graced Hawaii police chief and Honolulu Vicki Sanders [email protected] city prosecutor whose wrongdoings were brought to light by federal defender Alex- CREATIVE DIRECTOR Good Use of a Law Degree ander Silvert ’84 (“The Mysterious Case fellow city prosecutor, for another, was Robert F. Parsons SEVEN ELM I was delighted to read about David of the Missing Mailbox,” Summer 2018). being investigated in the public corrup- sevenelm.com Fialkow’s Academy Award-winning In fact, the cases, one involving bank tion probe (that also implicated several documentary, Icarus (“The Creative fraud, the other conspiracy and obstruc- police officers), which all began in 2013 CONTRIBUTING EDITOR Genius of David Fialkow,” Summer tion of justice, have become an investiga- with the Kealohas’ alleged attempt to Deborah J. Wakefield 2018). I am very proud of my first-year tive vortex pulling in an ever growing frame Katherine Kealoha’s nephew for CONTRIBUTING WRITERS section mate for his good and impor- number of suspects and offenders. stealing their mailbox. Isabelle Bauer tant work. I guess one can do all kinds A firefighter, for one, pleaded guilty And then this: Last October, Kath- Phil Gloudemans of things with a law degree to make the in July to lying under oath about his af- erine Kealoha was granted a request to Chad Konecky Jaegun Lee ’20 world a better place. fair with Katherine Kealoha, a relation- delay the couple’s bank fraud trial be- Brendan McKinnon ’19 The Hon. James G. McGiffin Jr. ’85 ship that involved her alleged use of sto- cause she claimed an extenuating medi- Margie Palladino ’85 Family Court of the State of Delaware len money (part of the bank fraud case) cal condition. The trial was postponed Vasundhara Prasad ’19 Dover, Delaware to pay his travel and hotel expenses. A until June 18. David Reich Stephanie Schorow Maura King Scully Clea Simon CONTRIBUTORS Jane Whitehead Jeri Zeder
CONTRIBUTING ARTISTS Susan Biddle Colleen Chase Joe Ciardiello Erika Craven ’21 Caitlin Cunningham Joshua Dalsimer Matt Kalinowski Thomas Fuchs Diana Levine Danielle Rivard Reba Saldanha Jeffrey Smith Chad Konecky Joshua Dalsimer Clea Simon Jeffrey Smith Brian Stauffer WRITER Konecky, who lives in PHOTOGRAPHER Dalsimer’s profes- WRITER Simon is a Boston-area ILLUSTRATOR Born on April 9, 1956 Gloucester, Massachusetts, is sional career started at age sixteen, journalist and author. A Harvard in Montebello, California, Smith PRINTING National Director of the Gatorade not with a camera in his hands but graduate, she’s the author of three studied photography and com- Lane Press Player of the Year program and with a pair of drumsticks, when nonfiction books and more than mercial art at Los Angeles Trade Boston College Law School of serves as a Communications and he set off touring as the drummer two dozen mysteries, many set in Technical College, and illustration Newton, Massachusetts 02459-1163, Marketing Specialist at St. John’s for the Mighty Mighty Bosstones. the Boston area and some on col- at the Art Center College of publishes BC Law Magazine two Preparatory School in Danvers. Several bands and record deals lege campuses. (Her most recent, Design. In 1980, he moved to New times a year: in January and June. BC Law Magazine is printed by His multimedia portfolio includes later, he deciced to explore other A Spell of Murder, was published York. Over the next thirteen years, Lane Press in Burlington, VT. We on-air coverage of the NFL, creative outlets. “I always looked in December.) Before turning to he earned a masters degree from welcome readers’ comments. Contact NCAA sports radio play-by-play, a at drums and photography as very a life of crime (fiction), Simon the School of Visual Arts, taught us by phone at 617-552-2873; by half-decade at ESPN, and report- similar disciplines. Both lay down a worked as an editor for many years there for eight years, and became a mail at Boston College Law School Magazine, 885 Centre Street, ing on such topics as aerospace, foundation that helps create a look for the Boston Globe, to which nationally known freelance illustra- Newton, MA 02459-1163; or by email defense, design, automotive safety, or sound,” he says. “Collaboration she still contributes. She has also tor. Today, Smith is a professor at at [email protected]. Copyright LEED, and the movie industry. His is also very important for both. written for The New York Times, the Art Center College of Design, © 2019, Boston College Law School. All publication rights reserved. print portfolio includes assignments Music helped me learn how to San Francisco Chronicle, Yankee, where he has taught since 1994. His in politics, business, technology, the communicate clearly about ideas American Prospect, and Rolling most recent book assignment was Opinions expressed in BC Law arts, education, and law enforce- with other creative people.” He Stone, among other publications. Shadow Knights, The Secret War Magazine do not necessarily reflect the views of Boston College Law ment. In “For the Record” (page was in his element photographing Although she often covers the Against Hitler (Simon & Schuster). School or Boston College. 20), he profiles music business our cover story subject, music arts, interviewing Professor Kent He has won numerous awards, in- heavyweight Randall McMillan industry lawyer Randall McMillan Greenfield (page 7) was a refresh- cluding from the New York Society ’95, whose passion for objectivity ’95 (page 20). Fun fact: Dalsimer’s ing timely assignment, she says. of Illustrators. On page 26, Smith’s insulated him from a childhood mother, Adele, taught English at “Kent’s perspective on our current noir illustrations bring to life the lived out in a world coming apart at Boston College and co-founded political situation gave me hope gritty tale of a Bronx drug bust that
SIMON: NAOMI YANG SIMON: NAOMI the seams. the Irish Studies program. for some truly creative solutions.” went international.
Winter 2019 BC LAW MAGAZINE 3 BEHIND THE COLUMNS Foremost “‘America First,’ coupled with thinly veiled racist and anti-immigrant rhetoric, is a betrayal of so much of what has made this country great.” DEAN VINCENT ROUGEAU
of valuable services in support of the Allies in France. France offered my great-grandfather a freedom he only could have dreamt about as a young man in Louisi- ana. He often told my grandmother and her sisters tales of his adventures as a soldier, which, according to family lore, included a love affair with a French woman and perhaps a child. But when the war was over, he returned home, bought land, farmed, married, and raised three daughters. Despite the discrimination he knew he would face, Louisiana was his home and he was an American. Given the current political climate in the US and in parts of Europe, it is hard not to draw parallels between our moment and the era that preceded the Great War. Extreme ethnic chauvinism and aggressive nationalism have reasserted themselves in political debate. In the UK, parliamentarians routinely make arguments in support of Britain’s withdrawal from the European Union that harken back to the glory of the nation’s imperial past. At home, President Trump rouses his base with promises to build walls and the slogan “Make America Great Again,” insisting that greatness is best achieved through belliger- ence toward foreign powers, both friends and foes alike. Surface similarities in political rhetoric between today and 100 years ago do not necessarily mean we are headed for another world war. But they give one pause. Histori- A Dangerous Lie cally, isolationist nationalism has not served us well, and Nationalism is blind to the value of diversity. BY DEAN VINCENT ROUGEAU the diversity of the American population has offered the United States critical economic, cultural, and military This past November marked the 100th anniversary of the end of advantages. “America First,” coupled with thinly veiled WWI. On Armistice Day, German Chancellor Angela Merkel and racist and anti-immigrant rhetoric, is a betrayal of so French President Emmanuel Macron unveiled a plaque to their coun- much of what has made this country great. tries’ reconciliation in a moving ceremony at the site in France where My grandmother and her sisters preserved their the armistice was signed. The conflict is estimated to have taken 40 father’s army discharge papers over decades. My father million military and civilian lives. Much of the bloodshed was driven now cares for them and, ultimately, they will be passed on to my siblings and me. Despite being the wrong color by jingoistic nationalism, despite the fact the fighting forces, particu- and speaking the wrong language, Joseph Lartigue larly those of the British and the French, represented a remarkable loved an America that did not love him much. He left diversity of men that drew from those nation’s global empires. ¶ I have everything he knew in the hope that his willingness to a personal connection to this war. My paternal great-grandfather, sacrifice would offer him a chance to be recognized as an Joseph Lartigue, was an American soldier in France in 1917–1918. equal member of society. That was a dream deferred for I don’t know much about his war experience. Unlike the British him, but one that later would be more fully realized by his descendants. A lesson I draw from his experience is and the French armies, the US Army was highly resistant to having that nationalism blind to the true diversity of a country African-Americans participate in combat units during World War I, is a dangerous lie. It is tragically unfortunate that people but being a native French speaker, he was able to perform a number have had to risk their lives or die to remind us of that.
4 BC LAW MAGAZINE Winter 2019 Photograph by SUZI CAMARATA Campus News and Events of Note
IN BRIEF 6 IMPACT 8 FACULTY SCHOLARSHIP 10 CANDID 12 IN THE FIELD 14 BRAINSTORM 16 EVIDENCE 18
LAW AND ORDER
Buddy Greene ’97 is a lieutenant detective with the Boston Police Department who for the last eleven years has headed a special investigation unit located at the Suffolk County District Attorney’s Office. Though not in the DA’s office as an attorney, Greene finds his JD invaluable in terms of under- standing what lawyers do and how they think. PAGE 14
Photograph by MATT KALINOWSKI Winter 2019 BC LAW MAGAZINE 5 DOCKET In Brief RAISING THE BAR Bria Coleman ’20 was named one of five recipients of the 2019 Ropes & Gray Roscoe Trimmier Jr. Diversity Scholarship. She will receive a $25,000 award to offset the expenses of her legal educa- tion and will join the firm’s Boston Straight Talk at IP Summit UK’s exit from the European office as summer associate this Ropes & Gray, BC Law partner to explore global intellectual Union, and its impact on IP rights year. The scholarship honors the property issues. BY PHIL GLOUDEMANS across all sectors and industries. memory of Roscoe Trimmier Jr., “The discussion showed the the firm’s first African-American partner and a leader of its diversity Boston College Law School, international trade commissioner, extreme uncertainty surrounding and inclusion efforts. in partnership with Boston-based and the director of IP enforcement Brexit and its consequences, given law firm Ropes & Gray LLP, and Her Majesty’s Consul General the unsettled political landscape Patrick Ciapciak ’19 The aspiring litigator was given a rare oppor- coordinated a two-day conference to New England. in Britain, and the changing EU tunity last fall when he was tasked focused on the complex global The event was the first of the leadership,” said BC Law Profes- with presenting the oral argument intellectual property issues fac- academic year for BC Law’s Pro- sor David Olson, the PIE faculty in a civil case before the full panel ing US businesses operating in gram on Innovation and Entre- director. “While Britain remains of the Massachusetts Appeals Europe and the UK. preneurship (PIE), which builds open for business, successfully Court. It is uncommon for the Massachusetts Attorney General’s The October European IP bridges between the school and navigating the shifting relation- Office, where he has been intern- Summit drew more than 100 ex- outside innovation and entrepre- ships between Britain, the EU, ing under the tutelage of AG perts to each day’s panels. Speak- neurship communities. and the world is a top challenge Clinic adjunct faculty Thomas Bar- ers included the attaché to the US “The IP Summit brought to- for global businesses.” nico ’80 and James Sweeney ’83, from the European gether a remarkable combination The content-rich panels ad- to argue a civil appeals case. So uncommon, in fact, that Ciapciak Giuseppe dressed topics such as managing Patent Office, a for- of government officials, mem- is only the second student in the Mazziotti, risk in cross-border technology mer federal appel- Ros Lynch, and bers of industry, attorneys, and AG clinic’s history (behind Steven late judge, a former Allie Renison academics,” said Edward J. Kelly and life science transactions; best Goldberg ’82) to orally argue in ’93, a partner in the IP practice at practices for General Data Protec- that court at that level on behalf of Ropes & Gray. tion Regulation compliance and the Commonwealth. He had only weeks to do research, prepare the responses to cyberattacks; data “It also provided a relaxed but brief, and be mooted—a sequence serious-minded environment that protection; the interaction between that usually takes months. Still, allowed the audience to explore competition law and European IP he held his own in court. “What facts, opinions, and predictions rights; and issues and challenges impressed me is he came across as about Europe’s evolving legal and related to the proposed twenty- very poised and articulate and had a good courtroom presence,” said five-country Unified Patent Court. political IP landscape.” Sweeney. “You wouldn’t know that The conference panels kicked The original of this abridged he was a law student.” In January, off with the thorny topic of the article first appeared in BC News. Ciapciak’s argument prevailed.
AROUND THE ACADEMY
Doug Bandow The Cato Institute Margaret Colgate Love At a Yuanyuan Shen The Boston Hon. Eduardo Ferrer The Clough Robert H. Smith The former senior fellow joined BC Law’s Fed- “Criminal Conviction: Disenfran- College Law School adjunct Center in October presented the BC Law and current Suffolk Law eralist Society to discuss President chisement and Other Challenges professor brought a deep scholarly vice president of the Inter-Ameri- professor was among the speakers Trump’s relationship with North to Democracy” panel sponsored by understanding to her analysis of the can Court of Human Rights, which at the Founders Luncheon on Korea. He shared views related to the Rappaport Center, the Collat- US-China Trade War at a Clough is headquartered in Costa Rica. In November 2 that kicked off the a Cato blog post, in which he said: eral Consequences Resource Cen- Center event in November. Also a his talk, Ferrer identified the court’s fiftieth anniversary of clinical “The US should continue to set ter attorney noted that people with professor at Zhejiang University in human rights milestones and pro- education at the Law School. The as its prime objective support- criminal records may be the only Hangzhou, China, and a research vided a history of the court, which, gathering was the inaugural event ing peace on the peninsula. That class of individuals against whom associate at the Fairbank Center together with the Inter-American in a year-long series of activities should remain Washington’s goal it is permissible to discriminate. for Chinese Studies at Harvard, Commission on Human Rights, celebrating the formation of the as it seeks to extricate itself from an “They are fair game for almost any Shen holds degrees from Renmin, makes up the human rights protec- Legal Assistance Bureau (LAB) in outdated military commitment that sort of legal restriction or penalty Harvard Law, and the University of tion system of the Organization of 1968. Smith was at BC Law from
now threatens to go nuclear.” or social discrimination,” she said. Wisconsin Law. American States. 1975 to 1999. RIVARD DANIELLE LOVE: MARGARET LEE PELLEGRINI; IP SUMMIT:
6 BC LAW MAGAZINE Winter 2019 “I don’t think that the right answer to the problem of corporate power is to take away all corporate rights. That’s simplistic CS: A major point of the book is coming back into our conversa- and ultimately how stakeholders other than tions again. Elizabeth Warren has counterproductive. shareholders need to have a role in raised it as a possibility. The right answer governance. Why does this matter? is to require KG: Corporations are among the CS: What role does your book play corporations to most powerful, biggest economic in this argument? pay more attention powers in the world, right? They KG: I don’t think that the right to the people rival the power of nations. Yet answer to the problem of cor- within them.” they are governed, at least in the porate power is to take away all KENT GREENFIELD United States, by a very homo- corporate rights. That’s simplistic geneous set of managers who and ultimately counterproductive. tend to prioritize the interests The right answer is to require cor- of shareholders above all. And in porations to pay more attention to America, most shareholder capi- the people within them. tal is held by a sliver of the richest I grew up in a little town where Americans. the good jobs were at a hosiery If corporations are managed mill run by a local family. When on behalf of that sliver, and use that family sold the factory to all their power on behalf of that a big company out of town, the sliver, of course they’re not going factory was closed and all those to be good citizens. people were thrown out of work. The real way to deal with The decision-makers far away that problem is on the corpo- thought they could make more rate governance side. That is, to money by making those socks A New Approach to encourage corporations to have a and pantyhose somewhere else. much more robust social contract I think businesses ought to be in Corporate Citizenship that includes public welfare, that the business of creating wealth. Professor Greenfield’s novel idea is turning heads. includes the interests of their em- I just think that one cannot look INTERVIEW BY CLEA SIMON ployees, the interests of consum- at shareholder gain as the only ers and suppliers. measure of that wealth. In his new book, Corpo- really jumped to the forefront of the rations Are People Too American debate. I’ve been work- CS: Encourage? By what means? CS: How does Corporations Are (And They Should Act ing on it pretty actively since then. KG: You can encourage it by way People Too fit into your continuum Like It) (Yale University Press), of consumer pressure; you can of scholarship? BC Law Professor Kent Greenfield CS: What are your hopes for this encourage it by way of investor KG: I couldn’t have written this turns his attention to Citizens Unit- book? pressure. There are also regula- book without all of the work that ed, the Supreme Court case ruling KG: There was a lot of energy in tory and legal mechanisms. One is I’ve done over two decades in that corporations have the right to the years leading up to Citizens to change the nature of fiduciary corporate governance. You have free speech—and, thus, the right to United to question corporate duty so that managers and com- to know that in order to see the contribute to political campaigns. power but to use corporate gov- panies are required to take into defects in the Citizens United An expert on constitutional and ernance mechanisms to adjust account the interests of all their decision. corporate law, Greenfield draws on that power. The irony of Citizens stakeholders. At the same time, I couldn’t both fields to present a radical but United was that people got so In Germany, half of the super- have written this without the practical approach to the contro- scared, they then spent their en- visory board of large corporations— work I’ve done over the last versy that the case provoked. ergy trying to cabin corporations like Mercedes-Benz, BMW, and twenty years in constitutional and push them out of the public Siemens—is elected by employ- law. Because BC has allowed me CLEA SIMON: Why this book now? square. I want people to go back to ees and represent the interests to be this odd duck academically, KENT GREENFIELD: Citizens United the notion that the real problem of employees. This is something and to bridge areas of study that was decided in 2010, and that’s here is the lack of corporate citi- that has been periodically raised most scholars don’t, I was able to when the issue of corporate rights zenship, not the presence of it. as a possibility in the US, and is write this book.
Read the full transcript of the Greenfield Photograph by DANIELLE RIVARD interview at lawmagazine.bc.edu. Winter 2019 BC LAW MAGAZINE 7 DOCKET Impact
The Rappaport Ripple Effect How BC Law has earned its place as a policy powerhouse. BY VICKI SANDERS
Professor This past September, the Rap- longstanding commitment to preparing stu- David Wirth paport Center for Law and Public dents for a lifetime of leadership in public Policy began its fourth year at service. “Our former dean, Robert Drinan, DISPATCH: CLIMATE CONFERENCE BC Law by welcoming Professor Daniel SJ, was fond of saying that ‘lawyers are the Kanstroom as its new Faculty Director and architects of a just society.’ The Rappaport KATOWICE, POLAND, December 14, 2018 retired Supreme Judicial Court Justice Center allows us to expose our students “Much has been made in the popular press of US obstructionism [at the COP24]. Since President Robert Cordy and former Connecticut Gov- daily to the pivotal role lawyers in all sub- Trump has clearly indicated his intention to pull out ernor Dannel Malloy ’80 as the 2018-2019 ject areas play in shaping public policy, both of the Paris Agreement, that can’t be expected to Distinguished Visiting Professors (fall and regionally and nationally,” Cassidy said. have too much of an impact. The real risk is in provid- spring, respectively). “The Rappaport Center’s reputation ing cover for other countries such as Russia (the As envisioned by Phyllis and Jerome Lyle enables us to secure panelists and speak- only major emitting country that has not yet ratified Paris), Saudi Arabia, and those with a lower but still Rappaport and supported by a gift from the ers who are experts in their field, incred- skeptical profile, such as Australia. “Even if the text foundation that bears their name, the Bos- ibly smart and articulate, and who present of the COP24 document were to be adopted, there ton College Law School Rappaport Center practical insights and approaches to solving are still major questions as to whether it is adequate for Law and Public Policy is a locus of public complicated, and at times, intractable soci- to the task. Many issues have been put off for subse- policy reflection and activity, hosting an etal issues,” added Medvedow. quent resolution. Although the Katowice rules deal with many technical questions, a major unresolved influential series of events, distinguished The numbers tell much of the story. In issue, even after adoption, is the extent to which lecturers and visiting professors, and sup- its first three years at BC Law, the Rappa- they will create the necessary confidence and trust porting a fellowship program that mentors port Center presented fifty lectures, sym- among governments. The cumulative effect of many students in public policy and interns them to posia, and conferences and hosted thirty small compromises may allow for considerable leaks government agencies and civic entities. A-list speakers, among them three current from the overall system. Additionally, it is not clear whether they are sufficient to tip the scales among “The energy generated by the Rappa- or former governors, two former lieutenant the private sector to undertake climate-friendly port Center has been felt in every corner governors, three US legislators, three attor- investments in the technologies of the future, such as of the Law School, the University, and well neys general, three cabinet secretaries, two in renewable energy, instead of continued exploita- beyond,” said Dean Vincent Rougeau. “The state supreme court justices, and five may- tion of dirty fossil fuels.” stakes for our democracy are high. The ors. And that’s not counting the prominent topics under discussion have been timely academic, civic, business, and nonprofit From the diary of Professor David Wirth, who at- tended the 24th Conference of the Parties to the UN and provocative. And the debates have been leaders, and state and local officials who Framework Convention on Climate Change (COP24), powerful reminders of the importance of have given new meaning to the role of pub- held in Poland in December. informed policy making. Our collaboration lic policy in the life of the Commonwealth. with the Rappaport Center has provided This past fall such numbers grew. our students and the community as a whole One of the largest beneficiaries of this with all that we hoped it would—and more.” outpouring has been the student body. “A pri- THE POLITICAL Under the leadership of inaugural mary goal of the center is to demonstrate how SISTERHOOD Faculty Director R. Michael Cassidy and important public policy is in terms of a law Executive Director Elisabeth J. Medvedow, school education,” said Jerome Rappaport, “To have my peers and col- the mandate of Phyllis and Jerome Rap- founder and trustee of the Phyllis and Jerome leagues look to me, a woman of color, with the same level of re- paport to improve understanding of public Lyle Rappaport Foundation. “Two things spect and regard as they would policy issues has been animated by the chal- students learn are that there are a lot of good anyone else, is something I lenging perspectives and analyses brought people in government, and that it’s not impos- have had to fight for.”—Seema to BC Law by the center’s leadership and sible to change law and sometimes it’s very Nanda ’95, speaking to the participants. easy. To give people the sense that if it’s the Economic Times, upon being named Democratic National According to Cassidy, the Rappaport right time and they’re in the right place, they Committee CEO last June. Center has reenergized the Law School’s can change things, is very empowering.”
Read the expanded version of the Rappaport 8 BC LAW MAGAZINE Winter 2019 story at lawmagazine.bc.edu. “Two things students learn are that there are a lot of good people in government, and that it’s not impossible to change law and sometimes it’s very easy. To give people the sense that if it’s the right time and they’re in the right place, they can change things, is very empowering.” JEROME RAPPAPORT, founder and trustee of the Phyllis and Jerome Lyle Rappaport Foundation
From top left, visiting professor has reached a level of breadth Robert Cordy; and integration that pleases College Debt panelist Darrick Jerome Rappaport. “The Hamilton; Voting community reflects a unique Rights and Electoral College panels. network that demonstrates that the fellows program has impacted people, more frequently than not, to go into public service at the state and local level. I love to see this mature,” he said. From her vantage point as Chair of the Board of the Rappaport foundation, Phyllis Rappaport sees a widening circle of talent populating local law firms and city govern- ment, legislative offices and the statehouse. “The mentors and supervisors of the fellows feel like they’re getting new energy by work- ing with the students. Each year they raise their hands and want more students,” she said. “This injects a powerful, fresh view for both the people in the office and the people who are seeing for the first time how govern- ment works.” As Kanstroom, the new faculty director, says: “Boston College has a long-standing, Each year the Rappaport Center at BC Boston at Harvard University. Between the genuine, and deep commitment to rigorously Law selects twelve Rappaport Fellows from two programs, and including the students ethical, academically sound, multi-disciplinary Massachusetts’s eight law schools. A similar who participated when Suffolk Law School approaches to complex public policy questions. program, the Public Policy Summer Fellows housed the Rappaport Center, there are now This creates an excellent synergy with the for graduate students in other fields, is admin- some 400 alumni fellows. Rappaport Center that opens many doors for istered by the Rappaport Institute for Greater In all, it’s not hard to see why the program exciting future programming and research.”
AROUND THE ACADEMY
Carl Takei ’07 The National Law- Austin Evers ’09 The American Kazuo Watanabe The Program H. Victor Condé The interna- Salamishah Tillet The Dean’s Of- yers Guild and Black Law Students Constitution Society invited the on Innovation & Entrepreneurship tional human rights advocate and fice, BC’s Carroll School of Man- Association co-sponsored the talk former State Department senior and the Clough Center hosted a educator participated in the Center agement, and the Winston Center by the head of the ACLUs Living counsel for Obama to share comparative law event on access for Human Rights and Interna- presented sisters Scheherazade While Black on Campus Campaign. the path that took him from law to justice at which Professor Kazuo tional Justice’s rights-in-conflict and Salamishah Tillet, co-founders Among Takei’s observations: school to political fights in DC. He of the University of São Paulo speaker series on October 19 with of A Long Walk Home. Their “White people using the police recently founded American Over- was honored for his “extraordinary a talk titled “Freedom of Religion: organization works to inspire young to eject black people from public sight to hold the Trump administra- contributions to the rule of law in Kurdistan, Kathmandu, and the people to end violence against girls space clearly echoes the history tion accountable for its actions, Brazil, and access to justice in Brazil Masterpiece Cake Shop Opinion, and women through art therapy when the law explicitly relegated suppress corruption and scandal in and throughout the world.” Wata- an International Human Rights Law and the visual and performing arts. non-white people to second-class society, and, as his website says, “to nabe is well-known for attempting Odyssey.” Condé is the author of A The program was founded to help status, and used police to enforce uncover misconduct that otherwise legal reforms under Brazil’s military Handbook of International Human heal Salamishah (pictured) follow- that second-class status.” would not see daylight.” dictatorship and beyond. Rights Terminology. ing a sexual assault.
Winter 2019 BC LAW MAGAZINE 9 DOCKET Faculty Scholarship
‘Deportation World’ Kanstroom warns of a rule-of- law and human rights catastrophe. BY DAVID REICH
The Idea: Deportation, broadly defined, is evolving globally as a major way to deal with undocumented migrants— and, especially in the US—with legal immigrants convicted of petty lawbreak- ing. The practice, though a quintessen- tial aspect of nation-state sovereignty, is becoming internationalized, with idea- sharing, cooperation across national borders, and training and funding of immigration agencies in poorer coun- tries by richer ones. Because it can split up families and send people to countries where they lack connections or job pros- pects, and because many deportees don’t receive due process before their removal, deportation can be a rule-of-law and hu- man rights catastrophe that demands a clear response in international law.
The Impact: Thanks to work by Professor Daniel Kanstroom and likeminded scholars, the human rights community is increasingly awaken- ing to the challenges of deportation. Deportations from the US have grown from some 23,000 in 1985 to 340,000 in 2016, statistics that bespeak “a fundamental ambivalence about im- migration,” says Kanstroom. While POCKET RÉSUMÉ businesses in fields from meatpacking Degrees JD, Northeastern, 1983; LLM, Harvard, 1992. to medicine need immigrant workers, Credentials Extensive litigation in Massachusetts immigration still evokes “a rule-of- courts, US immigration courts, district courts, circuit courts of appeal, and amicus briefs for the US Su- law discourse that is often tinged with preme Court. Titles Thomas F. Carney Distinguished racism and xenophobic fear,” he says. Scholar; Faculty Director of the Rappaport Center US deportation got a big push in 1996, for Law & Public Policy; Director of the International Human Rights Program; Associate Director of the BC with legislation that allows the border Center for Human Rights and International Justice. patrol to deport many noncitizens Writing Author or editor of eight books, includ- without a court order. The law also ing the forthcoming Deportation World (Harvard), thirty-five law review articles, thirty book chapters, and narrows judges’ discretion, makes it op-eds in the New York Times and Washington Post. harder for appeals courts to review immigration rulings, and allows de-
10 BC LAW MAGAZINE Winter 2019 Illustration by JOE CIARDIELLO Kanstroom would like to see certain basic protections extended to all migrants. In cases of legal migrants convicted of petty crimes, he argues, judges should balance harms done by the lawbreaking with harms that might result from deportation.
portation of long-term legal immigrants, includ- ration, with the Trump administration, according FACULTY ing parents and spouses of US citizens, for minor to Kanstroom, contemplating outside-the-country MILESTONES offenses like drug possession or petty theft. detention of asylum seekers, in imitation of Austra- Press-tige Ray Madoff and James Still, undocumented immigrants keep on lia, which has parked applicants for refugee status Repetti published influential op-eds on the new tax law in the New York Times coming in waves of “desperation migration.” In in the poverty-stricken island nation of Nauru. And and The Hill, respectively. Madoff a relatively unknown, partial response, the US President Trump has reportedly consulted Israeli explained how Trump’s law favors people has been training Mexican immigration agents engineers on plans for his Mexico border wall. like himself, and Repetti argued that and subsidizing their work to the tune of some Kanstroom has played a leading role in the the law incentivizes factories to leave $80 million annually. In 2014, Mexico launched a nascent human rights response to the deportation the US. The professors also have other accomplishments. Madoff is among the program to turn back US-bound Central American crisis. His books and articles have been cited hun- NonProfit Times’s Power & Influence migrants, near the Mexico-Guatemala border. The dreds of times by scholars, litigators, and courts. Top 50 for the second year in a row, and next year, Kanstroom writes in Deportation World, He frequently consults with lawyers, judges, UN Repetti has co-authored (with William more Central Americans were deported from Mex- human rights agencies, and government officials. H. Lyons and Charlene D. Luke) the 6th ico than from the United States. “The model can Along with other members of BC Law’s Post- edition of Partnership Income Taxation. be quite efficient,” he says, “because Mexican law Deportation Human Rights project (PDHRP), Supreme Honor Daniel Coquillette, offers fewer procedural protections for migrants. which he cofounded, he authored a “Declaration J. Monan, SJ, University Professor, It’s also much cheaper [for the US] than building a of Rights” for those already deported, a formerly was feted at the US Supreme Court by justices, family, and colleagues for wall or hiring more immigration judges. However, neglected group whose plight he exposed in the his thirty-four years as Reporter to the it raises powerful human rights issues.” groundbreaking Aftermath (Oxford, 2012). These Standing Committee on Rules in the Ju- Europe, Australia, and South Africa have also include the right to judicial review even after dicial Conference. His new title is Senior experienced recent dramatic growth in migration removal from the country, a right affirmed this Advisor to the committee. because of violence, poverty, and climate change, year by the US Fifth Circuit in a case brought by Are We Complicit? Cathleen Kaveny causing considerable political turmoil. In re- PDHRP and pro bono lawyers from Nixon Peabody. held the Cary and Ann Maguire Chair in sponse, deportations and “voluntary” departures Kanstroom would like to see certain basic Ethics and American History at the Li- brary of Congress last fall while research- from Germany have grown ninefold since the mid- protections extended to all migrants. In cases ing a book about people’s complicity 1980s and from the UK, astonishingly, by a factor of legal migrants convicted of petty crimes, he with others’ wrongdoing. “It is, in my of 40. Like the US, some European countries such argues, judges should balance harms done by the view, the quintessential problem of our as France, use summary immigration enforce- lawbreaking with harms that might result from globalized, pluralistic era,” she says. ment. Also like the US, European countries have deportation. He’d like to see an end to wholesale Honest Law Michael Cassidy’s extended border enforcement outwards—out- detention of those awaiting immigration trials scholarship was featured in a major SJC sourcing deportation in effect—to reduce im- and an end to fast-track deportation proceed- ruling in the Amherst, Massachusetts, migration; as the US is to Mexico—a funder and ings, which can result, he says, in life-threatening Drug Lab case, leading to thousands of vacated convictions. His writing on trainer of external migration control—Europe has errors. “The world is moving toward a regime in prosecutors’ undue influence in parole been to Morocco, Libya, Sudan, and Turkey. which certain noncitizens are considered in many proceedings is also drawing notice, hav- While others learn from US practices, the US re- respects to have no rights,” says Kanstroom, “and ing been featured in a PrisonPolicy.org pays the compliment by looking overseas for inspi- that needs to be vigorously resisted.” post and in The Crime Report. Speculative Financiers Frank Garcia and his students are influencing the global
NOTABLE FACULTY PUBLICATIONS conversation about the dangers of third- party funding in international investment arbitration. Their efforts have helped Mark Brodin In “Discrimina- Shu-Yi Oei The tax policy ex- Scott FitzGibbon The first Natalya Shnitser The Arizona garner the attention of the UN Com- tory Job Knowledge Tests, pert, who has recently focused English translation of the work Law Review published mission on International Trade Law and, Police Promotions, and What on the taxation and regulation of Saint Alberto Hurtado, SJ, “Healthcare Promises for recently, of reporter Tom Hals at Reuters, Title VII Can Learn from Tort of new industries such as the Social Morality (Convivium Public Employees,” in which Law,” the Michael and Helen gig economy, has published Press, 2018), was co-edited by Shnitser contends that the legal who wrote on the topic in December. Lee Distinguished Scholar “The Offshore Tax Enforce- FitzGibbon and visiting scholar framework regulating retiree Garcia says, “TPF funders are attracted argues that, in test validation, ment Dragnet” (Emory Law Fernanda Soza. One review healthcare benefits impedes to the investment arbitration system for courts should apply a common- Journal) about adverse effects expressed hope that the book funding efforts and that all the wrong reasons.” sense definition of intentional of policy failures, and “The “can be the starting point for significant resolution requires a discrimination similar to that Trouble with Gig Talk: Choice new research on [Hurtado’s] deeper rethinking of employer Past Perfect Mary Bilder delivered used in tort litigation. His article of Narrative and the Worker social thinking and the influ- promises for the healthcare three talks last fall as the 2018 Mount was published in Boston College Classification Fights” (Law & ences of a whole stream of benefits and the institutions Vernon Distinguished Visiting Lecturer Law Review in 2018. Contemporary Problems). Christian social thought.” that manage such promises. of American History.
Winter 2019 BC LAW MAGAZINE 11 DOCKET Candid “Working on a domestic violence case in the Manhattan DA’s office…I realized I couldn’t put the work away when I went home. It wasn’t something I could do every single day.” Fast Track Emma Coffey ’20 races through school to achieve her childhood dream. INTERVIEW BY JANE WHITEHEAD
Coffey is the first student in the 3+3 Program that enables BC undergraduates to combine senior year with the first year of law school.
The 3+3 Program is law school he told me: great for people who “Embrace what you know what they want don’t understand right to do. You have to be all now. It’s a process, and in. Talking to other stu- it’s going to be difficult, dents who are consider- but just go with it.” ing it, I don’t sugarcoat it. Senior year in college My junior year abroad, and first year in law I worked four days a school are very different week with a firm of experiences; there’s solicitors in North Lon- much more of a profes- don. I was only a year sional atmosphere in younger than the trainee law school. solicitors, so I was treated more like a pro- After reading To Kill fessional than an intern. a Mockingbird at age On my second day, they twelve, I announced sent me to court by my- that I was going to be self, in a guardianship a lawyer and wanted case. Of course, there to be Atticus Finch. was a barrister handling My high school had a all the legal aspects, mock-trial program, but it was definitely a and once I found that, I “throw you in the water” just loved it. I liked the experience. performance aspect—I STUDENT SNAPSHOT was always putting on I’ve found it very shows as a kid—and the valuable to try differ- Provenance Lived in London from ages 2 to 7, then in intellectual challenge. ent things. Working on Chatham, New Jersey. “I loved London. We were known for our great Guy Fawkes Night fireworks.”Learning a domestic violence BA in Sociology, Boston College. Pre-Law Intern, US I found that I enjoyed case in the Manhat- Court of International Trade, New York; Volunteer Victim actual legal work—and tan DA’s office was a Witness Advocate, Cambridge District Court, Medford, Mass.; Legal Intern, JD Spicer Zeb Solicitors, London, not just the idea of it— great experience, but I UK; Legal Intern, New York County District Attorney’s as a sixteen-year-old realized I couldn’t put Office, New York.At BC Law Staff writer, Boston Col- summer intern at the the work away when I lege Law Review; Secretary, Business Law Society; Co- Chair Spring 2018 2L Mock Trial Competition; Co-Chair US Court of Interna- went home. It wasn’t Fall 2018 Negotiation Competition. Insight “I’m the kind tional Trade, with the something I could do of person who does better when I’m pushed.” Guilty judge who worked with every single day, but it’s Pleasure “I’m really into the TV cooking shows, the bak- ing competitions. I’m a horrible cook, horrible baker, but our mock-trial team. an area I’d focus on for I like to watch and imagine.” Next Summer associate in Just before I started pro bono work. litigation department at Morgan Lewis & Bockius.
12 BC LAW MAGAZINE Winter 2019 Photograph by DIANA LEVINE Winter 2019 BC LAW MAGAZINE 13 DOCKET
In the Field POCKET RÉSUMÉ Buddy Greene ’97 Detective Lieutenant, Boston Police Department. Arresting Developments When he joined the police force in 1989, crime rates were high and, “unfortunately, it wasn’t uncommon to make several arrests in a night.” Most Memorable Collar The funeral director who stole $150,000 from clients while keeping their loved ones’ bodies in a storage facility for years. “We started with the suspicion that he was not filling out death certificates correctly. We dug deeper and ultimately broke the case wide open.”
“I’m an Irish Catholic guy who grew up in the projects,” says When he graduated at the A Cop Buddy Greene ’97, a lieutenant detective with the Boston top of his class with a bachelor’s Police Department who for the last eleven years has headed a degree in criminology and law, at Heart special investigation unit located at the Suffolk County District Attor- he says, “people were like, ‘you Law degree adds ney’s Office. Having grown up in mostly Irish and Italian East Boston can’t stop here.’” Reasoning that it value to a special- in the 1980s, he now considers himself lucky not to have fallen into “the seemed like a good way to bolster investigations policeman. trap” of crime and poverty that afflicts so many. his résumé within the police de- BY MAURA KING SCULLY How did Greene avoid that life? In addition to having a supportive partment, he enrolled at BC Law, family, he took the police exam and nailed it. He had been working a low- after which he clerked with the wage job when his roommate begged him to take the test with him so he Massachusetts Superior Court, wouldn’t have to go in alone. “I scored a 100 and was soon after offered then did civil work for a law firm. a job that essentially tripled my salary,” Greene says. He followed that But nine months later, the path until he met his future wife, Tracy Campion, who made it clear she police world beckoned again, this wanted the father of her future children to be a college graduate. time offering to promote him to So, Greene went to Suffolk University and worked full time. “I would sergeant. “Police work is way more go to my midnight shift in Roxbury and then to early morning classes,” fun than lawyering, at least for he says. “Then, I’d go home and sleep till the shift started all over again.” me,” he says. “It was a difficult de-
14 BC LAW MAGAZINE Winter 2019 Photograph by MATT KALINOWSKI 1 2 3 4
cision in some ways, as potential worry about your child member of the BC Alumni future earnings were to be consid- Paths to Success client when you go home, Association Board. ered. However, my wife’s career Alumni find career satisfaction in unusual places. but when your work pro- duces a positive impact on 4. Danielle Bianchi ’03 was blossoming. I consider myself the life of a child in need, Semper Fidelis A former blessed for both her and her deci- 1. Jerry Zaro ’76 Economic Growth for you will never regret your Navy JAG Corps officer, sion to allow me to choose.” Day Job He’s chair of the the State of New Jersey, a involvement.” she now serves in a civilian In 2007, Greene was tapped Banking and Real Estate cabinet-level position. Marine Corps position as to run the special investigation Services Department at 3. Kevin Pearson ’98 an assistant chief of staff Sills Cummis & Gross, a 2. Robyn Laukien ’88 Power Player As manag- for II Marine Expedition- unit, where he supervises four full-service corporate law Compelled to Help She ing attorney for Georgia ary Force, representing officers. “We’re on loan from the firm with offices in New worked at a firm and Power, he deals with one-third of the US Marine police department to the DA’s Jersey and New York. then in-house, but was a wide range of issues Corps’ operating forces. office. We handle supplemental Standing His Ground drawn to juvenile justice related to power delivery Make No Mistake She’s investigations and we double as a “I’ve always believed real through volunteering and generation, labor and responsible for optimizing estate is the most critical with Head Start and the employment, and business the Marine Corps warrior, security force for the district at- driver of our economy. It’s Children’s Law Center continuity for a company minimizing destructive torney,” he says. Often times cases incredible how many jobs in Lynn, Massachusetts, with 7,000 employees and conditions and behaviors are reported directly to the DA’s in our economy are tied which hired her as a staff 2.5 million customers. that degrade Marines’ office by outside agencies such derivatively to real estate, attorney twenty years ago. Charged Up “A central resiliency. “I look at prob- as the Division of Professional and banking fuels that Kids First Among others, theme within the com- lems differently because industry.” Go-To Guy He’s she represents children pany is ‘act like owners’ I’m a lawyer in a client job Licensure or the Executive Office served in the administra- who have been removed of the business and adopt and I can quickly assess of Elder Affairs. Rather than refer tions of the last eight con- from their families due a continuous improve- when we need legal advice. them to the police district where secutive governors of New to alleged abuse and ment culture, not only in I’ve increased our lawyers’ the alleged crime occurred, they Jersey—five Democrats neglect and children who operating the business but business in the short time handle them directly. and three Republicans—in need special education also in managing costs. I’ve been here.” Forward positions including com- representation. Advice The expectation to run March Her goal is to help His unit also handles threats or missioner and chairman of “If you are contemplating the business as your own improve the resilience of intimidation cases made against the New Jersey Highway transitioning from a cor- has been empowering and, the Marines “to fight an- assistant district attorneys or Authority, commissioner porate practice to juvenile I believe, a cornerstone other day” and to become other staff, and screens dozens of of the New Jersey Sports justice or legal services, be to our success.” BC or contributing citizens— extradition cases annually, many and Exposition Author- mindful of the challeng- Bust He’s a Triple Eagle, improved by their service ity, and chief (“Economic ing emotional component. was a linebacker for the to the corps—when they of them referrals by federal agen- Czar”) of the Office of It may be difficult to not football team, and is now a depart the service. —MKS cies of out-of-state defendants wanted in Suffolk County. Though not in the DA’s office as an attorney, Greene finds his JD invaluable in terms of under- Finding a Calling in M&A standing what lawyers do and how they think. “I’m here as a police Rita O’Neill ’04 O’Neill loves the rush of a new deal, so it’s the First Circuit. “The M&A schedule is unpredictable. It’s lieutenant detective. But the ad- no surprise that she’s found her niche in mergers and acquisi- very intense for a short period of time, but you structure tions (M&A). “The tempo of M&A is very fast-paced and your life to deal with the ebbs and flows. With litigation, a vantage of a law degree and thirty exciting. I do a lot of strategizing and client counseling,” says case can go on for months or years.” years of experience with the po- O’Neill, a partner in the General Practice Group in the Los O’Neill serves as vice-chair of the ABA’s Women in M&A lice puts me in a unique position. Angeles office of Sullivan & Cromwell, where she serves as Task Force and has co-launched a separate initiative, Women I can engage with prosecutors and co-head of the Global Private Equity Group. in Mergers & Acquisitions (WiMA), which brings together defense attorneys,” he explains. “There’s a myth that M&A is harder than other areas of senior women dealmakers in law, investment banking, and law, that the lifestyle means a woman can’t have a family, private equity. “Through my involvement in WiMA, I’m col- “I always tell people, if you that you need a business background, that there’s too much laborating with women leaders across the country to build a have the means, law school is in- travel,” says O’Neill, dynamic professional network, raise diversity awareness, and credibly challenging and satisfy- who spent her 2L promote and retain women in the field of M&A,” she says. ing,” Greene adds. “I found the bar summer as a summer WiMA has chapters in Chicago, San Francisco, and New exam to be the most challenging associate with Sul- York and plans to expand. Each hosts two annual dinners livan & Cromwell and for women invited to join the group and one to which each event in my life—and this is from a joined the firm after member brings a rising star. “We identify women who are guy who ran around in the middle a clerkship in the US leaders in M&A,” explains O’Neill, who notes that “it’s driven of the night with a gun.” Court of Appeals for toward business generation.” —MKS
Winter 2019 BC LAW MAGAZINE 15 DOCKET Brainstorm
16 Q+A “The judge in my case did not want to send me to prison. He told me, ‘Mr. Wright, WITH if it were not for minimal mandatory sentencing, you would not be going to prison today.” Former prisoner turned social worker DONNELL WRIGHT, on campus for a Rappaport Center panel on Criminal Conviction Donnell Wright and DEAN VR: There is a broad sense that everything we have asked you prison. They just used [their VINCENT ROUGEAU our criminal justice system is to do. Unfortunately, the crime intelligence] in the wrong way failing, that it does not function that you committed carries a for the wrong reasons. Some effectively. Our incarceration minimal mandatory sentence, of them have substance-abuse rates are among the highest in and I would not be carrying out problems. Some have gambling the developed world. Social, my sworn duties if I did not send problems. Some are just crimi- political, and economic issues you to prison. But going to prison nally minded. And I’ve learned have driven us to this point, but doesn’t necessarily have to be that just because you have never the dysfunction now concerns a bad thing. It depends on you.” been caught doesn’t mean that liberals and conservatives alike. And I didn’t understand that you have never committed a If there’s anything hopeful in then. But I do today. crime. But if this is your first this scenario, perhaps it’s that time in prison, somebody there people on both sides of the aisle VR: This is exactly the point I is going to tell you, “Dude, your see a problem. was trying to make. Why would life is ruined.” The system is you take the discretion away structured for you to fail. DW: The criminal justice system from that judge to do what he hasn’t kept up with changes. or she knew was appropriate in VR: Part of the Project Entrepre- Due to the opioid crisis, things the circumstance? Kudos to you neur program is pairing the pris- got so bad so fast. There was for your ability to succeed under oner with a mentor. This serves no blueprint from when crack the circumstances, but think of a social function, in the sense of cocaine hit. Everybody just all the people who for whatever saying, “I’m going to vouch for allowed crack to devastate our reason get sucked into the hor- this person. I think he’s worth communities, and no one took rors that prisons represent in the risk of a loan.” Rehabilitation seriously rehab programs due to our society. is a multi-step process. It’s train- ‘Dude, the ethnicities affected: African- ing, it’s mentoring, it’s loans, it’s Americans and Hispanics. DW: I don’t want to make it seem building skills. Then it’s letting Your Sentencing guidelines for crack that I am anti-police or anti- people who are already very cocaine were much harsher than correction because I’m not. I was intelligent do what they already Life Is the sentencing guidelines for guilty. I’m just saying that if a know how to do—in a legal way. powder cocaine, even though it’s person has shown a propensity Ruined’ the same exact drug. toward rehabilitation, continue DW: What you said almost Making a case for that. Don’t abruptly stop and say, brought tears to my eyes. Like rehabilitation. ABRIDGED AND VR: We’ve seen that manda- “We’re going to lock you up now.” the judge told me, “Be a light EDITED BY STEPHANIE SCHOROW tory minimum sentences do to the people who are still in not work. They’re overbroad VR: BC Law is piloting a Project darkness.” People need a men- for the most part. Judges don’t Entrepreneur program with a tor; they need someone to help Donnell Wright spent five-and- a-half years in prison for a 2004 like them. Our system of justice course that teaches students them. It’s a shock to come out of drug arrest. Although he was a relies heavily on the notion that how to help prisoners transi- prison and get back into society. model prisoner and obtained a the judge is supposed to have tioning out of incarceration to You’ve been spending the last bachelor’s degree while incar- discretion. To rob a judge of his develop the skills to start their three years looking over your cerated, he could not find a or her ability to use discretion is own businesses. We know it’s shoulder, making sure nobody’s job when released. He became involved in an organization called undermining a core value of the difficult for them to get jobs, so going to kill you. You’re suffer- Jobs Not Jails and an activist common law tradition. perhaps if they can be entrepre- ing from post-traumatic stress for prisoners’ rights. Now, at age neurs—where they’re working disorder. And you’re thrown fifty-four, he is a social worker DW: The judge in my case did not for themselves—they can gain back out into society with no with the Massachusetts Execu- want to send me to prison. He the economic independence to money—sometimes you don’t tive Office of Health and Human told me, “Mr. Wright, if it were move back into society. have anywhere to stay—and Services. Wright and Dean Rougeau discussed mandatory not for minimal mandatory sen- you’re expected to just pull minimum sentences and second tencing, you would not be going DW: Yes! Some of the smart- yourself up by your bootstraps chances for prisoners. to prison today. You have done est guys I have ever met are in and make it. It’s not that easy.
Photograph by DANIELLE RIVARD; Illustration by STEVE SANFORD Winter 2019 BC LAW MAGAZINE 17 DOCKET Evidence
A Billion Footsteps Far or near, migration is a fact of life. BY VICKI SANDERS
Inspired by the article about Professor Daniel Kanstroom’s latest book, Deportation World (page 10), BC Law Magazine de- cided to collect some related data on migration and immigration. The intention was to provide a graphical and statistical snapshot of movement trends around the world, including in America, that have an impact on deportation and result in a host of other outcomes involving migration, immigration, apprehension, and deaths. Immigration is an almost impossibly complex phenomenon that touches, in obvious and subtle ways, every human being on the planet. It concerns where and how we live, what we eat, who governs our nations, how we treat our neighbors, how we write our laws, the languages we speak, the clothes we wear, the religions we practice, the people we marry, and the chil- dren we raise, among others. Truth be told, we will never GLOBAL MIGRATION stop moving. Our very nature compels us to look to the next Regions with largest number of migrants horizon, seek firmer ground, and acquire what we need to keep 258 million ourselves and our species alive. In this, we are all alike. And we are The number of international certainly not alone. migrants It behooves us, then, to con- Europe in 2017 sider with compassion and wise Asia measures those who knock on the 78 million doors of lands that are safer and 80 Largest countries million more stable than those they’ve left North America of origin of behind by force or desperation or 58 international million migrants even in search of opportunity. Africa The data here remind us of the Latin America + sheer numbers of the migration 25 Oceania India the Caribbean million 17 million phenomenon. What they don’t ex- 8 press is the heart it will take for us 10 million million Mexico all to make room for one another. 13 million
18 BC LAW MAGAZINE Winter 2019 Illustration by BRIAN STAUFFER DESPERATION MIGRATION
The Displaced
68.5 million The number of forcibly displaced people worldwide oegWIXOMLtuvlcwGCATUKJpyqhzQFDenvmcSIDKLJdnxsuklQqRsCBADbtHsrqyqhTeuSHfFhzQsXNLB
0 10 20 30 40 50 60 70 80 million 40 million 25.4 million 3.1 million Internally displaced people Refugees Asylum-seekers
UNITED STATES IMMIGRATION f Percent of the world’s displaced people in Estimated number of refugees and % developing countries 45.1 million asylum-seekers in the US 85 US Foreign-Born Population (2016 estimates) 30,000 Migrants died 623,000 1995 in transit worldwide 2014-18 10.7 million 34.4 million (highest numbers in 265,000 2010 Mediterranean) Unauthorized Lawful immigrants (23.7%) immigrants (76.3%) 815,000 2017 DEPORTATIONS + APPREHENSIONS
European Union Budgets + Personnel (as of 2016) pyqhzQFDenvmcSZO 672,000 20.2 million Non-EU citizens returned outside of EU 2015-2017 Naturalized citizens (44.7%) $263 Mexico Billion 12.2 million Federal spending on enforcement Hsr qyqhTeujV Lawful permanent since 1986 immigration overhaul 380,000 residents (27%) Illegal immigrants apprehended 2015-2016 (90% were from Central America) $18 Billion+ Annual budgets for US immigration agencies, ICE, and Customs and SHfFhz 2.1 million Border Protection 160,000 Temporary lawful immigrants (4.6%) People deported in 2015 Since 2015, substantially more Central Americans have been Origins of US Immigrant Population 10x deported annually from Mexico than from the United States Increase in US Border Patrol budget 100 since 1993, from $363 million to 75 $3.8 billion United States 50 25 0 49,000 + Hsr qyqhTeujVA 1960 1970 1980 1990 2000 2010 400,000 Number of border and interior Removals of unauthorized immigrants 2018 Europe/Canada South + East Asia Other Latin America Mexico enforcement personnel
Sources: American Immigration Council, Migration Policy Institute, Pew Research Center, UN Department of Economic and Social Affairs, UNHCR Winter 2019 BC LAW MAGAZINE 19
FOR THE BY CHAD KONECKY REC ORD
Defying the odds, Randall McMillan ’95 withstood a bleak Brooklyn upbringing animated by music to emerge in the rarefied world of Christina Aguilera, Jay-Z, Rihanna, Eminem, and Mariah Carey as a fair-minded negotiator and influencer in the entertainment industry. PHOTOGRAPHS BY JOSHUA DALSIMER 21 THE MAN WHOM RANDALL McMILLAN HAS BECOME— husband, father, and a music business heavyweight so expert that an icon of the industry calls him “one of the finest lawyers” in the trade—would seem an alien life form to the boy named Randy, who lived out his childhood in a world coming apart at the seams. It’s easy to forgive McMillan for not immediately diving into that past. There’s plenty else to talk about. Like the fact that Broadcast Music, Inc., better known as BMI, tapped McMillan to become its first Vice President of Business Affairs of Creative and Licensing in 2018.
Now nearly a quarter century into his legal career, McMillan sits have formed the basis for the open-mindedness in my approach to thirty stories above Lower Manhattan inside the glass-paneled offices negotiation. That’s funny—I’d really never thought about it in quite of a global leader in music rights licensing. He is forty-eight years old, that way until just now.” but his résumé reads like a guy well past retirement age. He spent a Fully comprehending the layers of McMillan’s epiphany requires decade at Universal Music Group, the world’s largest record label in some understanding of the boy, and his boyhood. terms of market share, where he was responsible for advising execu- tives in the creative, financial, marketing, and production aspects of the business concerning the legal affairs of Def Jam Records, Island PAST IMPERFECT Records, and Roc-A-Fella Records, among others. Born in 1970, McMillan grew up in Brooklyn’s Crown Heights neigh- The BMI job is McMillan’s first with a performance rights orga- borhood. At that time, roughly 460,000 of the borough’s residents were nization. In that capacity, BMI serves as the bridge between song- foreign-born. After the Brooklyn Navy Yards closed in 1966, sharp writers and the businesses and organizations that want to play their economic decline hit the area (compounded by severe city-wide fiscal music. BMI’s core function is to make sure that the people who write, deterioration), and Brooklyn suffered a middle class exodus. A rich compose, and publish music receive payment whenever their piece is melting pot, the borough lost more than 300,000 residents throughout broadcast or performed for public consumption. McMillan synopsizes: the 1970s, including affluent African American families, who left places “I’m an advocate for creative content.” like Sunset Park and Bedford-Stuyvesant for Queens. Those who had Most recently, McMillan served as East Coast Senior Counsel for remained watched Brooklyn fade into a landscape of burned-out cars, Artists and Events at Pandora. He has drafted, negotiated, and closed drug paraphernalia, and boarded-up brownstones. agreements worth tens of millions of dollars involving some of the McMillan was raised primarily by his grandmother from the age of best-known music brands and many of the most recognizable artists of two after his father was shot and killed, and while his mother worked our time, such as Jay-Z, Rihanna, Lil Wayne, Kanye West, Bruce Horn- multiple jobs. Throughout the 1970s and 1980s, New York City endured sby, Natalie Imbruglia, John Pizzarelli, Mariah Carey, and LL Cool J. a catastrophic rise in crime rates, gang violence, and mob activity. An- “What’s special about Randy is, he’s mastered the corporate side nual murders across the five boroughs topped 1,800 nine times in the of pinpointing exactly what goals a company wants to achieve, but he ’70s. That figure ballooned over 2,000 six times during the ’80s with the also understands we’re the music business,” says global management onset of the crack epidemic which, in turn, fueled an explosion of gun consultant and attorney Ron Sweeney, the aforementioned icon whose crime and gang-related incidents, especially in Brooklyn. star-studded client list features artists from James Brown to the late By the time McMillan was a high school sophomore in 1986, so Eazy-E, and from Young Money to Lil Wayne. “That means you’re many teenagers had perished that celebrated community organizer sometimes dealing with people who lack a lot of education, or have Luis Garden Acosta called North Brooklyn, where McMillan attended huge egos, or both. Randy can look behind somebody’s eyeballs, get high school, “the killing fields.” Randy turned to music as a refuge from inside their head, and figure out what’s most important to them. I know the asphalt carnage around him. Having entered his teens at the birth this because I’ve been on the opposite side of the negotiating table from of hip hop, he was drawn to the lyrical contortions, bumping beats, and him. He sees all sides of the equation. He can relate to every personal breakneck evolution of the medium, along with its dance, symbols, and professional dynamic.” and styles. Acts like Public Enemy, Run-D.M.C., and the Beastie Boys McMillan isn’t the kind who advertises his own bona fides. He is became McMillan’s chaperones through the “’hood.” measured, calm, and coolly unembellished. But after the better part of an “I found that music was something that could seriously alter my hour’s worth of reflection inside BMI’s 7 World Trade Center headquar- state of being,” says McMillan. “Immersing myself in music could ters, he hits upon a notion he had never considered before. About the enhance anything I was doing. Hip hop, in particular, because it’s a paradoxes that shaped who he was as that boy, Randy, and who he is now. culture, not just a genre of music. It gave me these avenues for creative “I think the sense of objectivity [Ron seems to be talking about] expression. might have its roots in my exposure to and interest in music during “Obviously, there was a lot of attention in my house centered on my some turbulent times as a kid,” he says. “Transitioning into my high- protection,” he continues. “There were many things I wasn’t able to er education in an Ivy League environment, which was the antithesis participate in, many places I wasn’t able to go. I felt a little pinned in. of where I lived the rest of the year … those types of paradoxes may Music gave me an outlet. Hip hop helped me feel connected to what
22 BC LAW MAGAZINE Winter 2019 but I found the other really rich. I appreciated it, even if I couldn’t read- ily identify with jackets that had padded shoulders. I respected it and I had an affinity for it as musical content. I reacted to that, and it made me feel good. Objectively, I wasn’t wedded to one or the other. I do think that’s a parallel to when I’m deal-making in the music business.”
THE COST OF DOING BUSINESS McMillan knew he was going to college for as long as he knew anything. His mother made sure he understood it was non-negotiable. She talked about it all the time. Randy came to understand it as a trajectory he was on. As he grew up, McMillan realized a college degree could impact his quality of life and day-to-day environment. Yet, he didn’t really know any- one in his family who was a college graduate. And that made his arrival in Ithaca, New York, as a freshman at Cornell University rather fraught. “The skills I developed at that time weren’t something I was con- sciously trying to acquire,” explains McMillan. “But adapting, effective- ly communicating, and negotiating two different worlds—where I was from and where I found myself—became integral to my own survival and success. I learned how to listen more, and identify the crux of what was important to people. Whether it was my professors or classmates, I realized that interfacing that way would allow me to accomplish what- ever my own agenda was. That was a key part of navigating a life that involved coexisting within two dramatically different worlds.” Though the traits McMillan began to internalize were organic, he gradually became deliberate about curating and codifying them into his modus operandi. “If you know your present circumstances aren’t the same as where you’re trying to get to, then you have to look critically at where you want to go, who’s there, what they look like, and what their interests are,” he says. “You have to try to find common denominators, because you’re going to come into contact with these folks and with these environments, and you’re going to have an opportunity, and it might be fleeting. That’s your place in time to draw upon that common ground and hopefully pull yourself closer to where you want to be. If “Hip hop helped me feel connected to what was you aren’t intentional about it, you could miss the opportunity.” happening in the streets that was positive, as Josh Goodman ’95 has seen that perspicacious side of his classmate opposed to what was dangerous. It made me feel in law school and the professional world. “In law school, he was defi- like I was part of my environment, yet connected nitely quiet,” recalls Goodman, deputy general counsel for the multi- with the things that were blossoming, not dying.” national advertising and PR firm, Publicis Groupe, who has engaged RANDALL McMILLAN McMillan as an outside counsel. “A lot of people in law school are not quiet, but Randy didn’t seek any attention. He was very understated, he took his work seriously, he was always prepared for class, and he was happening in the streets that was positive, as opposed to what always came across as really smart. Nothing’s changed. He’s of those was dangerous. It made me feel like I was part of my environment, yet guys who speaks slowly and thoughtfully and gives you full confidence connected with the things that were blossoming, not dying. It let me that he knows exactly what he’s doing.” outside of those artificial borders my grandmother set for me.” McMillan is acutely aware of having leveraged the advantages born “I explored things like break dancing. Things like graffiti. I used to of an education at Cornell and BC Law. He is also disheartened by the fill books and books with my own graffiti,” recalls McMillan. “I was ac- disproportionately high percentages of racial minorities who don’t tive in talent shows and stuff like that in high school, too.” While steep- benefit from the opportunities that he enjoyed. This diversity gap in ing in rap’s rich rhymes of social protest, McMillan was also an avid fan legal education and the profession remains a shortcoming in the field, of British pop—artists with blond, spiked hair and garish makeup. hamstringing law firms and corporations that could be better served by “I honestly think my eclectic interest in music during those years the unique perspective and skill set a lawyer like McMillan brings to is why I’m here today,” says McMillan, expanding on his newfound the table. “I’m saddened and disappointed by the recent low enrollment theory. “In the same way I was head-over-heels for Boogie Down Pro- numbers of black students at BC Law,” he says. “We [at BC Law] need ductions’ Criminal-Minded album, which was all about what was going to acknowledge our lack of competitiveness and get more creative if we on in the streets of the South Bronx, I was loving Flock of Seagulls and want to compete for these students in a global marketplace.” Frankie Goes to Hollywood. One was more present in my environment, As one might expect, McMillan considers versatility and adapt-
Winter 2019 BC LAW MAGAZINE 23 ability to be hallmarks of success in the music business, in large part McMillan’s assimilation into his new world was essentially complete. because that’s the nature of the beast. But it came with a price. Two of his closest friends throughout high “It’s an industry that’s very much a bastion of creativity without school, a pair of brothers, were struggling back in Brooklyn. But McMil- bounds,” he says. “The realities of the business change so quickly and lan’s intersections with them had become fewer and farther between. people’s interests change so quickly. You have to be able to effectively “There are casualties of the [kind of transformation] I underwent,” communicate with a CFO who’s got twenty-five years of experience in he muses. “They were going through difficult experiences that I wasn’t corporate America, but also be able to speak to a recording artist’s manag- around to connect to. As a result, one of them is in prison now for er—who has a high school diploma and started in the business six months thirty-eight years. The other is in prison now for twenty-six or twenty- ago—because the artist he manages is suddenly worth tens of millions of seven years. I remember getting a call once from their mother [when I dollars. And that manager might be from my old neighborhood, or from was in law school] and she was like, ‘It’s been so long since we’ve heard a vastly different background in the South, or from a rural community in from you,’ and she filled me in on how things had fallen apart for my the Midwest, or may be born and raised on the West Coast. Being able to best friends. She ended the call by saying, ‘You know, I wish you would communicate effectively with all those folks and truly hear them in order have stayed in contact with them.’ That was really hard to hear.” to find the middle ground is a skill I couldn’t survive without.” And, perhaps, an unfair burden to lay at the feet of a young man in Not surprisingly, one of McMillan’s favorite classes at BC Law was his early twenties? “I think at that time she was just being a mom,” called Counseling and Negotiating taught by Professor Ruth-Arlene Howe. McMillan says. “I’m a parent of three now, and I couldn’t imagine being “It was probably one of the most practical courses that I took at BC,” in her position. Reflecting on it at this point, I see how there are conse- he explains. “We spent the bulk of our time interacting with each other quences to surrounding yourself consistently, and maybe exclusively, with the goal of asking questions and really listening and understanding with people who are where you want to be. Because sometimes, I guess, fully what someone’s interests were, in order to elicit information far you inadvertently leave some people behind to move forward.” beyond what they may have initially proffered. I think that experience helped refine and, in some ways, validate those soft skills that I had developed more out of necessity up to that point. The class showed me LET’S MAKE A DEAL their value and how I could best apply them in my chosen profession.” Back when he worked for record companies, McMillan fulfilled mul- At Cornell, a modest interest in entertainment law led McMillan to tiple responsibilities with BMG Entertainment’s RCA Records Label, a mentoring program that placed seniors with career-targeted alumni where he stewarded legal matters pertaining to diverse and iconic art- during winter break. He was paired with Kendall Minter, a pioneer- ists, including Elvis Presley, Duke Ellington, Christina Aguilera, actor ing black entertainment lawyer in New York City and co-founder of John Leguizamo, and the Foo Fighters. On that side of the business, he the Entertainment and Sports Lawyers Association. By the end of that dealt with recording agreements and renegotiations and advised ex- week, says McMillan, “I realized: ‘I want to do what he does.’ I kept that ecutives on day-to-day developments in the industry regarding artists’ connection close throughout law school and afterwards because I knew videos, sponsorships, and endorsement deals. that space is where I wanted to be.” McMillan also ran his own shop (McMillan Law, PLLC) from 2011
McMillan at ease in his BMI office.
24 BC LAW MAGAZINE Winter 2019 “Although BMI writes my paycheck, I still respect Foundation Pioneer Awards and Downbeat Jazz Poll Awards. Notable that the people on the other side are passionate affiliates include Lady Gaga, Taylor Swift, Eminem, Maroon 5, Sam about their positions for some reason. And, I feel Cooke, Dolly Parton, and Shakira. The company operates on a nonprofit like it’s incumbent upon me to understand what basis, returning 90 cents of every dollar brought in from licensing fees those reasons are to effectively find that meeting to the musical creators and copyright owners it represents. point between us.” RANDALL McMILLAN “This is actually the first entertainment-related job I’ve had, where I haven’t worked for a company that creates something,” says McMillan. “It’s different in that respect, but there’s still a key piece of my job that through 2015, directly counseling artists in structuring and negotiating involves me advising on entering into transactions with creators. It’s a broad range of commercial transactions. Though he never grabbed a broader role than I’ve had to date, but it draws upon the wisdom and lunch with label president Jay-Z while serving as in-house counsel for experiences I’ve developed in different roles and in different settings.” Roc-A-Fella records, he has many stories from the MTV era and the Throughout the 1990s, BMI’s licensing departments expanded their pre-internet politics of building a musician into a mogul—a time when reach beyond partners like bars and restaurants to emergent users like record companies were basically artists’ only business partner. health clubs, banks, shopping malls, and amusement parks. In the mid- McMillan has squeezed inside dozens of cramped conference 1990s, BMI negotiated the first agreement licensing music performed rooms into which someone wheels an upright piano so a yet-to-be (and on the internet. New frontiers like ringtones, satellite radio, and music perhaps never-to-be) discovered fresh-faced talent can audition. There streaming services followed. Thanks to lucrative deals with Netflix are many highlights from days like that, but one, in particular, remains and Hulu last year, the company’s fiscal 2017 revenue rocketed to a vivid enough in his memory to seem like it happened yesterday. record $1.13 billion, which marked a third consecutive year of revenue “I remember being in this conference room that would normally hold increase for BMI. McMillan plays a key role in strategizing and negoti- maybe twenty people, and we had like fifty people wedged into it,” he re- ating such deals as the head of Business Affairs. calls. “This A&R exec brings in this young girl, short hair, sort of blond. “I’m touching on both recorded music as well as other media, but Petite. She stands next to this piano, and he starts playing. She’s clearly also with a hand in the talent side of the business,” he says. “I’ll weigh in nervous and a little intimidated by this mass of people less than ten on negotiations that we may be having with multi-platinum record- feet away from her. I can’t remember what he played, but he does a little ing artists and writers, who may be looking to move from one PRO to ditty, and she starts to sing. And everybody started looking at each other. another. I’ll weigh in on incoming litigation that may involve some- “There were no microphones,” he continues, “but her voice was one who we have licensed rights to, who’s being sued by a third party so strong that we started to become physically uncomfortable in that contesting those rights. I’ll weigh in on negotiations that we may have space. You could feel the hairs rise up on your forearms and up your with broadcast television networks, or digital service providers. And, back. I’m feeling it again right now just talking about it. You just felt like I’ll weigh in on strategies for how we can effectively find middle ground her voice was hitting your body. Impacting it. It was so powerful. That with large media associations.” little, petite thing was Christina Aguilera. I’ve been in that situation a There haven’t always been this many moving parts for BMI, which number of times. With some great artists. But I’ve never physically felt was founded in 1939. Almost every aspect of the music industry has that reaction to a person’s voice, before or since. The idea that it was been altered by technology’s rapid and dramatic impact. coming out of something so small—that really struck all of us. It prob- “Today, we have a much greater diversity of business partners ably lasted all of three minutes, but I’ll never forget it.” than we’ve had in the past when it comes to music,” says McMillan. “I McMillan’s role at BMI is a world away from maneuvering spine- may have a transaction one day with a TV network, and the next day, tingling moments like that one into a win-win recording deal, but his I may have a transaction I’m doing with YouTube. The next day, I may job is still about fighting the good fight for songwriters. have a transaction that I’m doing with Verizon. I mean: That’s a phone Copyrighted music can’t be performed in public without the permis- company. A robust connection between that sector and music wasn’t sion of the affiliated copyright-holder. When seeking permission to something we could have readily perceived ten or fifteen years ago.” publicly perform the copyright-protected work of a songwriter or com- Still, McMillan feels like he’s calling plays in the same game he poser, it’s not necessary to contact that artist directly. Instead, users can started out in. “I’ve been in the middle of engaging with talent for most seek a license from a music performing rights organization, also known of my career, and now I’m engaging on behalf of their content with the as a PRO, which represents the work of that songwriter or composer. people in the marketplace who are exploiting that content. In this new As such, BMI contractually acquires public performance rights from role of performing rights, I spend a lot of time trying to really under- copyright-holders, signs blanket licensing agreements with businesses stand where the middle ground is,” he adds. “What’s our motivation, and organizations seeking access to the music, collects fees from these and what are our limitations? What are the motivations of the people licensees, and distributes them to the affiliated copyright-holders. on the other side of the table, and what are their limitations? And The largest PRO in the US, BMI’s roster includes more than 900,000 where is that middle ground that’s mutually comfortable, and mutually songwriters, composers, and publishers, while its music library includes uncomfortable. Because although BMI writes my paycheck, I still re- more than 14 million copyrighted works from every corner of the music spect that the people on the other side are passionate about their posi- world. BMI writers have won numerous GRAMMYs, Country Music tions for some reason. I feel like it’s incumbent upon me to understand Association, and American Music awards. They also represent the larg- what those reasons are to find that meeting point between us.” est percentage of inductees into the Rock & Roll Hall of Fame, account Yes, Randall McMillan remains in that space where he has long for roughly one-half of all of the winners of the coveted Pulitzer Prize in wanted to be. And those same soft skills and that same relatability, born the field of classical music, and have received the most Rhythm & Blues of necessity from a Brooklyn long forgotten by most, still have value.
Winter 2019 BC LAW MAGAZINE 25
THE REMARKABLE , HEROIN-LACED , HIGH-SEAS, CARTEL-SNIFFING TAKEDOWN
GREAT CASE Drawing upon a singular skill set, Andres Torres ’08 built a case that spanned three continents to snag kingpin drug traffickers and torpedo a virtually undetectable smuggling operation.
By Brendan McKinnon ’19 Illustrations by Jeffrey Smith
Winter 2019 BC LAW MAGAZINE 27 GREAT CASE “WHO ARE THE NEW GUYS?” For law enforcement officers monitoring a basic brick home in the Bronx, most of what they were seeing on May 14, 2014 was familiar. Many of the same suspected drug dealers they’d been tracking throughout the northeast for months. The same squat dwelling surrounded by iron fences that appeared to serve as a base for a trafficking operation. Even the same gray Jeep that had replaced the car the team stopped in Connecticut the previous year, hoping for a large bust, but finding only a small sample of heroin.
Everything about the night’s surveillance looked normal, until the early morning hours of May 15. As dawn approached, the newcomers new guys emerged from the Jeep’s back seat. Clean-cut, fashionably traded their backpacks for $14,000 in cash. Their driver dropped them dressed, and carrying backpacks, the two men who followed their off near the Hudson River in Hell’s Kitchen, a West Side neighborhood driver into the house were completely unknown to investigators. Soon, in Midtown Manhattan best known for its nightlife and as home to more suspected drug dealers and traffickers began to converge on the the Manhattan Cruise Terminal, served by some of the world’s biggest property, further confirming that this wasn’t an ordinary spring night cruise companies. in New York. The whereabouts of the unidentified new guys after their drop-off Shortly after a meeting outside of the Bronx home that was captured were unknown, but TF surveillance teams stayed on top of the suspects on camera, the guys with the backpacks handed over eight kilograms they’d been surveilling all along. Taking down crews in the drug rackets of illegal drugs (four each of cocaine and heroin)—nearly eighteen was familiar territory for the elite group of crime-stoppers, made up pounds—exactly what their suppliers had promised. Investigators from of seasoned New York Police Department detectives, New York State the joint New York-based Drug Enforcement Task Force watching the Police troopers, and federal agents from the Drug Enforcement Ad- house responded during the next two days with a multi-faceted surveil- ministration, all operating in conjunction with the Office of the Special lance detail that would take them to Queens, back to the Bronx, and all Narcotics Prosecutor for the City of New York, where Torres serves as the way to Hartford, Connecticut. But the Task Force still had no idea Senior Supervising Attorney. who these new, clean-cut suspects were. On May 16, they stopped and searched three different vehicles When law enforcement finally answered that question two months linked to the NYC traffickers—two of which they trailed to a Hartford later, the information would help unravel a story that spanned three location and another parked outside a second location in the Bronx. As continents and two decades of diplomacy, plunging the Spanish Navy officers entered into the suspects’ Connecticut destination, occupants into an international scandal and putting sixteen men behind bars inside furiously attempted to dump evidence down a sink. No sewer on both sides of the Atlantic. Andrés Torres ’08, an Assistant District system could have handled the treasure trove. Between Hartford and Attorney in Manhattan assigned to the Office of the Special Narcotics the Bronx, investigators seized fifty-three pounds of heroin, approxi- Prosecutor for the City of New York, was a key part of it all. mately nine pounds of cocaine, $85,000 in cash, two military-style The best way to understand why Torres was the right guy for this case assault rifles, plus additional handguns and drug paraphernalia. requires—at some point along the way—digesting two seemingly unrelat- TF members waiting near the car parked at the second Bronx loca- ed items on the prosecutor’s résumé. By all appearances, they are merely tion then made their move, seizing more cocaine and the men inside the chronological and topological waypoints. But suffice it to say for now that residential unit. With the dragnet tightening, additional members of the the convictions in The People of New York vs. seven drug-offender de- trafficking group turned themselves in. Another managed to avoid arrest fendants, the Manhattan Supreme Court kingpin statute indictment and and was later captured in the Dominican Republic after he attempted to 2018 conviction of two extradited major-trafficker defendants,and the ship a luxury Mercedes from the Bronx to his new hideout. involvement of associated international tribunals, is also Torres’s story of It was a good bust. By Memorial Day, after more than six months optimal preparation meeting improbable opportunity. following the original lead, the Task Force had a bevy of men in custody and enough evidence for the Office of the Special Narcotics Prosecutor Stranger than Fiction to build a strong case. The file landed on Andrés Torres’s desk. The full details of the Task Force’s 2014 criminal investigation into the The two stylish drug mules who vanished before sunrise on May 15 stranger-than-fiction crime that unfolds below were culled from court were still a mystery. Once law enforcement identified them during the documents, interviews, and law enforcement media advisories along ongoing investigation, however, those men and where they’d come from with English and Spanish-language news reports. ensured that there would be nothing ordinary about the rest of the probe. Soon after the clean-cut newcomers’ evening arrival at the house in the Bronx back in May of 2014, the men, the backpacks, the gray A Symbol of Goodwill Jeep (and a handful of other cars) were on the move again. Task Force For weeks following the initial busts, law enforcement continued to (TF) members tracked the suspects to a club in Queens, where the pour over evidence as the Office of the Special Narcotics Prosecutor contingent from the Bronx met with traffickers from Hartford into the prepared criminal cases against the suspects already in custody. All
28 BC LAW MAGAZINE Winter 2019 the while, the Task Force was trying to pinpoint the pair still at-large, Interestingly, the Spanish Navy uses the relic as a globe-traveling who hadn’t been part of the crew they’d been watching all along. The “floating embassy” of sorts, celebrating Spain’s rich nautical history fact that the gray Jeep had had been within relatively close proxim- and serving as a living museum toured by schoolchildren and digni- ity to commercial piers in the afternoon hours of May 14 might have taries, alike. With twenty-three officers, twenty-two NCO’s and 139 been a clue, but the Port Authority Bus Terminal, Penn Station, and the sailors aboard, the vessel doubles as a training billet for some Spanish Lincoln Tunnel were all only a few blocks away as well. midshipmen. In fact, during the ship’s 2014 visit to Manhattan from What’s more, the only vessel of note moored in the area, aside from May 10-15, at least one school attended by children of folks involved the U.S.S. Intrepid, a retired aircraft carrier and permanent floating in the Task Force’s criminal investigation had visited the iron-hulled museum, had been another, temporarily berthed, celebrated military behemoth. Surely, an innocuous side note. Until it wasn’t. ship. It was the Spanish Juan-Sebastián Elcano, also a tourist attrac- As spring became summer, investigators were shocked to discover tion. The third-largest tall ship in the world, and named for the captain in July how far removed the two mystery men were from New York who led Magellan’s circumnavigation of the globe, the 371-foot, four- and the drug operation. Not only were they foreign nationals, they were masted topsail schooner was built the same year Charles Lindbergh Spanish Navy. Midshipmen at that, completing a six-month training completed the first solo crossing of the Atlantic, in 1927. cruise on the famous Elcano. There was also a strong corroborating detail in the overall criminal investigatory fact packet: As part of an unrelated operation, agents “We were able to get [certain] evidence immediately because from the Department of Homeland Security had nabbed two Colombi- of the strong law enforcement partnership that exists an traffickers in New Jersey on May 13 of that same week in 2014. The between the United States and Colombia now. That only men were caught with twenty-seven kilograms of cocaine, and camera happens when two countries are friends and have worked footage revealed that the cocaine was delivered to the Colombians in together for a long time. The legal field can be such a local Manhattan by three crew members from the Elcano. The like-themed thing, but when crime is globalized, you have to have lawyers July break in the Task Force investigation was like a fog lifting: If three who can function globally.” guys had come ashore to deliver drugs in Manhattan (and later recov-
ANDRÉS TORRES, SENIOR SUPERVISING ATTORNEY, ered in Jersey), it wasn’t hard to believe two others had been deployed OFFICE OF THE SPECIAL NARCOTICS PROSECUTOR FOR THE CITY OF NEW YORK to the Bronx. DHS, DEA, and TF members working the angles conclud- ed that degree of criminal activity could implicate the Spanish Navy, or even the Spanish government. Here’s where Torres’s background becomes so important. Back in the mid-1990s, as an undergraduate student at Georgetown, Torres spent a year studying abroad in Madrid, honing his pronunciation of the Iberian theta and immersing himself in the tendencies and idiosyncrasies of Spanish culture. Just a few years later, Torres capped off a Fulbright project in Bogotá, where he studied peace negotiations between the Colombian government and the country’s (now-demo- bilized) armed FARC insurgents, by accepting a position in-country as a program officer with USAID, the humanitarian arm of US foreign policy since the Kennedy Administration. Put a pin in that for just a moment. “We were initially shocked to learn that the Elcano had been used to traffic in significant amounts of cocaine and heroin [not just in the New Jersey arrests, but also in the Bronx case],” says Torres. “Then, it seemed to make sense: sophisticated drug smugglers and unscrupulous sailors capitalizing on the ship’s worldwide fame and easy access to ports in order to traffic drugs into some of the world’s most important markets, like New York City.” It made sense. And it was clever. A sovereign naval ship is not ordi- narily subject to US Customs checks, making the Elcano the ultimate contraband transport container. Crew members later told authorities that there were no controls checking them as they left or boarded the vessel, either. It was a perfect cover. Until it got blown, that is. And now, Colombia had emerged as a possible focal point—both in the New Jersey bust and the New York Special Narcotics Prosecutor’s case led by Torres. “Looking back, we could have [closed the investigation] with the dealers in the Bronx and Connecticut and this still would have been a great case,” says Torres. “But the Elcano sailors opened the door to Andrés Torres ’08 build a truly international case.”
Winter 2019 BC LAW MAGAZINE 29 places in the world.” Against that back- drop, Torres spent a half-decade soaking up intricate details about the conventions, characteristics, and realities of Colombian culture and government, and helped steer the society toward calmer waters. “Colom- bia today is a dramatically different country from what it was in the year 2000. The government’s partnership in bringing down drug trafficking is the result of years of trust and cooperation forged through effective diplomacy,” he says. Fast-forwarding to Manhattan and the criminal investigation at hand, after three years of law school and a decade climbing the ladder as a New York City prosecutor, it was once again time for Torres to lever- age every iota of that same savoir faire he’d cultivated in Colombia.
The Ties That Bind After the break in the investigation that implicated the Elcano that summer, the DEA and the Department of Homeland Security gathered evidence from the arrests made in New Jersey and from the takedown of the crew in the Bronx, and relayed it to Spanish authorities so they would be prepared when the Elcano arrived home in August from her deployment. The Spanish Civil Guard quickly launched their own investigation. En route to its home port of Cádiz, Spain, the ship arrived in Pontevedra, Spain, on August 2, where Civil Guard and US Department of Homeland Security agents were waiting. Authorities detained three men—two sailors and a civilian assigned to the kitchen—impli- cated in the New Jersey bust, a case that had a two-month head start on the Bronx inves- In the end, it was a no-brainer for New York’s Office of the Special tigation in terms of establishing an Elcano link. A thorough search of the Narcotics Prosecutor to deploy Torres as the point man. And not just vessel in Pontevedra eventually turned up 127 kilos of cocaine stashed because he speaks Spanish. A generation ago at USAID, Torres took his in a locker used to store spare sails, according to a Civil Guard state- job the same week the US showered Colombia with a $1.3 foreign aid ment. Spanish daily El País published accounts from sailors who said program aimed at ending the drug-fueled insurgency in South America “everybody onboard knew the Elcano was smuggling drugs.” Meanwhile, and the corresponding epidemic in the United States. Colombia, where Torres and Spanish authorities, conducting concurrent investigations criminal cartels rose out of the jungles in the 1970s to seize a major on opposite sides of the Atlantic, worked to close the noose on the two portion of the international cocaine market, was at the epicenter of the midshipmen suspects from the Bronx case. crisis. Torres was tasked with helping to implement the massive aid The tall ship, now sailing under a cloud of scandal that engrossed program in a country that was being torn apart, overseeing multimil- the entire country, port-hopped around Spain, as scheduled. When the lion dollar programs to strengthen Colombia’s democratic institutions, Elcano reached the port of Cádiz in October, Spanish authorities finally provide humanitarian assistance to war victims, and create economic had enough evidence to arrest the two midshipmen who had delivered alternatives to coca cultivation. the drugs in the Bronx. Torres flew to Spain, where he was escorted to “It was a crazy time to be in Colombia,” he recalls. “There were a meeting room on a military base for a pre-dawn briefing with Civil people around the world calling it a failed state. Assassinations, bomb- Guard and military investigators. Authorities relayed the details they’d ings, and kidnappings were rampant. It was one of the most violent pieced together in Pontevedra and Cádiz.
30 BC LAW MAGAZINE Winter 2019 GREAT CASE
According to the record, the Elcano had begun its six-month deploy- their case, ensuring that the wiretap evidence could be admitted in an ment back in mid-April of 2014. The voyage, which would include American court. After a week of testimony, the grand jury handed down stops in France, Italy, Morocco, and the Dominican Republic, began by indictments against Hoayeck and Siado-Álvarez under New York’s king- crossing the Atlantic and arriving in the Caribbean port of Cartagena, pin statute, and Torres moved on to the next phase of the investigation: Colombia. Excited to walk on solid ground, her sailors streamed into finding them in Colombia and extraditing them to New York. Cartagena’s streets to take advantage of the beachside resorts and bus- First, the entire investigation had to be turned over to the Justice tling nightclubs in the historic Spanish section of the city. Taxi drivers Department’s Office of International Affairs, where attorneys spent in the port, acting as recruiters for drug organizations, offered to con- months reviewing every detail of the investigation, as well as Ameri- nect sailors with traffickers for a chance at a massive payday. The two can and Colombian criminal statutes and reams of bilateral interna- aspiring naval officers from the Bronx case had taken the bait, accepting tional agreements. After more than six months of reviews and edits in an offer to deliver drugs to contacts in New York, then dutifully stashed Washington, and exchanges with counterparts in Colombia, the Justice cocaine and heroin in their underwear before returning to the ship. Department approved the indictment and issued provisional arrest Spanish authorities would convene military tribunals for the sailors, warrants for Hoayeck and Siado-Álvarez in January 2016. but Torres returned to New York with a case that now stretched not only “This elaborate scheme, spanning oceans, enabled high-end Colom- to Spain, but all the way to Cartagena. Back in Manhattan, he immediately bian drugs to be smuggled aboard Spanish military ships, deep into the reached out to police in Colombia, who it turned out had been conduct- bowels of New York City. Today’s indictment brings this drug running ing their own investigation for more than three years into the trafficking route—and this alleged corruption in the Spanish military—to an end,” group responsible for the drugs found New York Police Commissioner Wil- aboard the Elcano, though officers liam J. Bratton said at the time. had been unable to make an arrest. As officers entered into the Colombian police officers quick- Partnering with Torres, Colombian suspects’ Connecticut destination, ly apprehended both men, who then investigators shared years of evi- spent months fighting their case in dence, including hundreds of hours occupants inside furiously Bogotá until Colombia’s Supreme of wiretap recordings of the suppliers attempted to dump evidence down Court approved their extradition. implicated in the Elcano scheme. a sink. No sewer system could Meanwhile, Torres and the Office “We were able to get that evi- have handled the treasure trove. of the Special Narcotics Prosecutor dence immediately because of the prepared for trial. Both extraditions strong law enforcement partnership were approved that fall, and DEA that exists between the United States and Colombia now,” says Torres. agents waited at a New York area airport in October 2016 as Hoayeck “That only happens when two countries are friends and have worked to- climbed down from a government plane in handcuffs. Siado-Álvarez gether for a long time. The legal field can be such a local thing, but when followed in January 2017, and both men were housed in New York City crime is globalized, you have to have lawyers who can function globally.” jails, where Torres confronted them with the mountain of evidence To be sure, partnership is crucial, and Torres was precisely the right police in the United States, Spain, and Colombia had gathered against man for the job. In spite of his considerable capabilities and uncan- them. It was obvious that a trial was a lost cause, and both men pleaded nily relevant work history, his contributions to building a case of such guilty at their first opportunity. intricacy, one requiring extraordinary multinational transparency, is Siado-Álvarez was sentenced to eight years in prison. Hoayeck re- nothing short of remarkable. Amidst circumstances that could have ceived seven years. Across the Atlantic, the two sailors with the back- been fraught with suspicion, jealousy, ego, intel-hoarding, and outright packs from the stakeout in the Bronx pleaded guilty in tribunals and went mistrust, Torres threaded a narrow needle eye to sew up critical col- to a military prison in Spain, while the sailors from the New Jersey case, laboration and candor. having chosen to go to trial, continue to work their way through Spain’s military court system. Special Narcotics Prosecutor Bridget G. Brennan, Indict, Extradite, Air Tight Torres’s boss, applauded the teamwork, saying, “It was only through the Torres poured through hours of Colombian police wiretap recordings collaboration of authorities in Spain, Colombia, and here in New York from May 2014, and when he reached the dates of the Elcano port call that we were able to disrupt this surprising smuggling operation.” in New York, there was a burst of activity. It was all there. Jorge Luis For Torres, that international collaboration was personal, and years Hoayeck and Jorge Alberto Siado-Álvarez, the Colombian drug traf- in the making. He has effusive praise for the judges and police officers he ficking leaders who had hatched the Elcano scheme, were on the wire worked with in Spain and Colombia, and he highlights the importance of discussing every intricate detail of the events in the Bronx with their understanding their cultures after living in both countries as a key factor contacts in New York. in the successful prosecutions. Though he relentlessly deflects credit, In May 2015, after the year-long investigation that called upon every Torres does concede the whole affair has a once-in-a-career feel to it. shred of diplomatic, deal-making, and door-opening proficiency he’d “It’s one of those things that sort of fell into place,” he says. “It was acquired years earlier in Spain and Colombia, Torres was finally ready such a cool case for exactly those reasons. It enabled me to combine to bring a case to a grand jury in New York. Task Force investigators every facet of my own experience, knowledge, and passion in a single took the witness stand to recount the Bronx investigation, and the torrid investigation. I realize how rare that is.” forty-eight hours of activity in New York and Connecticut that followed the Elcano visit. Colombian police officers also testified to explain Writer Chad Konecky contributed to this story.
Winter 2019 BC LAW MAGAZINE 31 LAB TURNS 50 / BY JERI ZEDER
OUPNCON E A TIME. Winter 2019 BC LAW MAGAZINE 33
Founded in 1968, the Boston College Legal Assistance Bureau (LAB) is the law school’s first and oldest clinical program. It started on the fring- es, as fifteen law students felt the call to use their fledgling skills to help marginalized people at risk of losing access to food, shelter, and medical care. ¶ Learning law by doing law—how powerful! For each student, ONCthere was nothing more profoundE than legally representing a flesh-and- blood human being whose welfare depended on your own skill, dedi- cation, creativity, and hard work; nothing more nuanced than facing a real-life dilemma of professional ethics; nothing more eye-opening than witnessing the dire lives of the poor; nothing more terrifying than rising UPON as the youngest, least experienced person in the courtroom. >>>>>>>
LAB’s early supervising attorneys Leslie Espinosa A TIME. Garvey, Paul Tremblay, and Alan Minuskin. LAB TURNS 50
>>>>> Over five produc- tive decades, LAB’s clinical professors, through their potent camaraderie, devel- oped a masterful pedagogy. They decon- structed the stages of legal representation, and formulated a cur- riculum. They earned a national reputation as experts in clinical law teaching. LAB became a national model. ¶ As LAB transitioned to the mainstream, it moved first to accessi- ble offices on Crescent Street in Waltham, and then, in 2014, into an on-campus suite known as the Cen- ter for Experiential Learning. Today, the Center is home to no fewer than ten clinical education programs. It was LAB that blazed the trail. ¶ “There is something inimitably special,” reflects for- mer LAB student Jil- lian Lenson ’14, “about beginning to learn how to be a practicing at- torney in order to help MILESTONES: 1967-1968. 1968-1969. LAB 1971. Clinical 1975-1976. 1975. LAB others, in your own Called to completes its law practice Second-year becomes a civil FROM LAB provide legal first year, with and academics law students are law-only clinic community, and under TO THE services to the forty-six student merge as given course as its Criminal the guidance of profes- poor, five third- members and a Professor Buzzy credit for Process section CENTER FOR years and ten half-time con- Baron offers participating in moves out of sors deeply committed second-years sulting attorney. LAB students LAB and taking Waltham to the EXPERIENTIAL become student the three-credit a Lawyering Law School and to both your learning LEARNING attorneys at the 1970. LAB seminar Law in Process class. becomes a sepa- Harvard Legal students file Action. rate program. and the impact you can >>>>> Aid Bureau. their first class have on the public.” Goal: establish a action suit (for similar bureau at truth-in-lending 1971. The Council on Legal Education for Professional BC Law. violations) in Responsibility grants LAB $27,000 to hire a full-time staff federal court. attorney and secretary.
Celebrating 50 Years of LAB To view the story and a slideshow chronicling 1968 1970 1975 the November 2 Founders Lunch and alumni storytelling sessions, please visit 1968. Students incorporate as an independent entity the Boston 1975-1977. Third-year LAB students bclawmagazine.bc.edu. College Legal Assistance Bureau (LAB). The student-run organiza- are offered a course in Advanced tion operates in an old firehouse in Waltham, Mass. Clinical legal Lawyering that focuses on law reform. education officially begins at BC Law. By JERI ZEDER With information provided 34 BC LAW MAGAZINE Winter 2019 by MARK SPIEGEL WHAT WOULD F. LEE BAILEY DO?
BY STEPHEN KUNKEN ’72 PROSECUTOR: Where were you when the MR. KUNKEN: Your honor, I am a third police first approached the car. year law student at BC Law School. During my last year of law school, I became CLIENT: I was sitting in the driver’s seat. I represented Mr. Jones before you last involved with LAB and represented clients in PROSECUTOR: And who had driven the car week. Would the court be willing to the Dedham District Court. to that location? take a short recess so that I can talk with CLIENT: I did. my client? One client (Mr. Jones), aged sixteen, was ac- PROSECUTOR: Perhaps you didn’t under- JUDGE: That is an excellent idea. The cused along with his twenty-year-old co-de- stand the question. Who drove the car to court will take a ten-minute recess. fendant of unauthorized use of a motor vehicle, that location? possession of stolen license plates, and other CLIENT: I did. violations. I appeared with him in court, and PROSECUTOR: Didn’t you tell the police Outside the courtroom, the first thing my cli- we worked out a disposition to one of the lower that Mr. Smith had driven the car? ent asked was, “Am I in trouble? Am I going to violations, with a sealing of his record and an CLIENT: I never said that. The police are jail?” I responded that it sure looked that way, agreement to testify against the co-defendant lying. Mr. Smith never drove the car. I took and that by trying to help his “friend,” he was (Mr. Smith), who was facing a violation of pro- the car and I was the only driver. putting himself in jeopardy. “Well, what should bation charge due to this new arrest. JUDGE: Mr. Jones, do you remember me I do?” (Good question!). My client appeared before the presiding from last week? You appeared before me in “I suggest that you go back into court, apolo- this courtroom, took an oath, and stated judge, was sworn in, and pleaded guilty to the gize to the court, and tell the truth,” I said. that Mr. Smith had driven the car. Do you reduced charge, admitting that he had been We went back into the courtroom. remember saying that to me last week? behind the wheel of the car when the police CLIENT: Your honor, I was the one who approached, but only because he had to keep drove the car. Mr. Smith had nothing to do MR. KUNKEN: Your honor, my client would his foot on the gas pedal to prevent the car from with it. like to say something to the court. JUDGE: stalling while his co-defendant, who had taken JUDGE: I am going to direct the prosecutor Very good. Mr. Jones, come back the car and was the driver, had gotten out to to investigate potential perjury charges up here to the witness stand. What would you like to say to me? make a phone call at a nearby phone booth. I against Mr. Jones. was very pleased with the disposition, and I ar- ranged to meet my client the following week for In the back of the courtroom, I was desperately Whereupon, Mr. Jones apologized, retracted his testimony against his co-defendant. trying to remember if Professor [John] Flack- his previous statements, and proceeded to tes- When we appeared in court, the same pros- ett had ever covered this problem in Criminal tify as to what happened the day of the arrest. ecutor who had taken his plea the week before Law I (he hadn’t). I looked around, but there I sought out a supervisor after the court ses- briefly reviewed what he was going to ask the were no supervisors available to come to the sion and advised him of what had happened. He client on the witness stand, and then called him rescue. I thought to myself : What would F. Lee told me that I had handled the matter appro- as the first witness when the non-jury trial be- Bailey do in this situation? priately, which reinforced my goal to concen- gan. I was sitting in the spectator section when I very slowly rose from my seat, and in a trate in criminal law after graduation, and not the questioning focused on the arrest: very low voice, said: switch to trusts and estates!
1979-1980. The Law School approves one tenure-track 1984. LAB and 1990. Alan 1996. Clinical 1998-1999. Core LAB clinics 2007. Carnegie 2008. Students faculty to serve as LAB director and tenure-track positions the Lawyering Minuskin offerings expand branch into specialties. Students Corporation interested in for the Criminal Process Clinic and Urban Legal Laboratory Process course joins the LAB with the launch of in the renamed Civil Litigation publishes “Edu- empowering poor (ULL) Externship Program. Mark Spiegel is hired as direc- merge into a faculty. LAB Professor Fran- Clinic (now a nine-credit course) cating Lawyers: communities tor of LAB, Bob Bloom as director of ULL, and Jennifer one-semester, adds a course cine Sherman’s represent clients in family Preparation for propose a clinic for Rochow as director of the Criminal Process Clinic. eight-credit and clinic: Juvenile Rights law matters, landlord-tenant the Profession community develop- course to Women and the Advocacy Project, disputes, and public benefits of Law,” which ment. In response, 1975-1979. With help from grants from 1981-1982. accommodate Law, taught by which provides appeals. The Homelessness Liti- urges law schools LAB launches the the Department of Education and Greater LAB moves more students. Leslie Espinoza legal and social gation Clinic (now the Housing to more fully Community Enter- Boston Legal Services, LAB hires faculty from the Garvey. Stu- work services to Clinic) is added to parallel the incorporate ex- prise Clinic (CEC) dedicated to clinical legal teaching, includ- firehouse to 1986. LAB dents handle court-involved spring semester’s Women and periential learn- to help poor and ing Carol Liebman, and, in a powerful and 24 Lexington moves to profes- family law cases; teens and teens the Law course. Students repre- ing, especially low-income people unusual innovation, a social worker to assist Street, sional offices on seminar readings in detention, and sent clients in matters involving legal education start businesses and law students in understanding and better Waltham. Crescent Street, focus on feminist seeks juvenile eviction, foreclosure, and access clinics, into their non-profits. representing their legal aid clients. Waltham. jurisprudence. justice reform. to government-funded housing. curricula.
1980 1990 2000 2005
1985. LAB’s supervising attorneys—Alexis Anderson, Carol 1995-1997. Dan Kanstroom launches 2004. West publishes the second edition of Lawyers as Counselors, 2006. LAB dis- Liebman, and Paul Tremblay—get contracts with the Law the Immigration & Asylum Project A Client-Centered Approach, co-authored by BC Law’s Paul Tremblay, with solves as a separate School. LAB becomes a full-fledged teaching clinic with (now the Immigration Clinic taught by David Binder, Paul Bergman, and Susan Price. corporate entity and faculty dedicated to supervising, teaching, and scholarship. Mary Holper). Evangeline Sarda joins is absorbed into the the Prosecution Clinic. University. Ironically, those factors ended up helping me. I later decided that opposing counsel probably was not altogether pleased to be litigating this SAVING MARY case against me. I had far more time than he possibly could have had to delve into the facts, to collect evidence, to consider the issues. BY YARON DORI ’96 cancer went into remission. That is when And, of course, I had Paul Tremblay and the Mary’s aunt claimed that the sums she paid the resources of LAB to guide me. Mary was an elderly woman living in a contractor to repair Mary’s home were not a That made all the difference. Professors Boston suburb who was the victim of a home gift to Mary after all but rather a loan of tens of Tremblay and Alan Minuskin had taught me renovation project gone awry. But this was no thousands of dollars that Mary would have to that to win a case you have to focus not only ordinary home renovation project. She was repay or forego her home. on the what but also on the why. Why would approached by a contractor who proposed to Mary turned to LAB. Mary’s aunt, who had not been close to Mary, subdivide the lot on which her house stood Mary’s case was formative to my BC Law agree to fund the repairs to her home? If it was and construct two new homes in its place, one School experience and to my development as a out of altruism, that now seemed to be in short for her and one for him. The contractor said lawyer. I recall the day that Paul Tremblay hand- supply. Eventually, we theorized that Mary’s he would undertake this project at no charge ed me the file, noting that the case likely would aunt funded the repairs in the misguided hope to Mary, provided she conveyed the second present certain challenges, some of which were that she would inherit or otherwise gain rights home and the lot on which it stood to him at as basic as developing a definitive chronology to the home when Mary died. no charge. Mary agreed, and shortly thereafter of events and collecting documentary evidence But Mary survived, and the case culminated the contractor moved Mary into a temporary to support it. I would need to figure out not only in a one-day bench trial in Waltham District trailer on her property and demolished a sub- what happened but also be able to prove it. I Court. I wore a suit (my only suit). I stood stantial portion of her home. would need to develop a theory of the case to ex- before the bar. I delivered an opening state- Then he disappeared. plain what happened and why, something Alan ment. I undertook the direct examination of Then Mary learned she had cancer. Minuskin emphasized in the pretrial litigation witnesses. Occasionally, I even objected. For a Mary continued to live in the trailer, but course I took the semester before I joined LAB. few hours during my tenure as a law student, it was not easy. She underwent cancer treat- I visited Mary in her home to introduce it felt like I was practicing law. The judge was ment but her prognosis for recovery was bleak. myself and get a sense of her environment. To patient with me, but at times I sensed that she Around this time, Mary’s aunt, with whom this day, when I work on pro bono matters, I also had to be patient with opposing counsel, she had not been particularly close over the urge my colleagues to visit the client at home. which made me feel better. years, entered the picture. Unlike Mary, the You can learn a lot about someone that way Weeks later, the judge’s decision arrived in aunt had financial resources. She assessed and, sometimes, get a better sense of how the the mail (decisions arrived by mail back then). Mary’s predicament and proposed to pay for a situation looks from the client’s perspective. The judge had been persuaded by our case. new contractor to repair Mary’s home so Mary People also tend to be more open with you She found no basis to conclude that Mary had could return to it. Mary was grateful, thinking when they are at home. agreed to borrow money from her aunt or that that if she succumbed to her disease, at least Mary’s aunt was represented by counsel. I her aunt had any credible basis to believe that she would succumb to it in her home. The thought that he would be smug, perhaps conde- Mary would repay it or convey her home. Mary contractor repaired a substantial portion of the scending, in dealing with me. I was just a young would keep her home and presumably spend home and Mary moved back in. law student. I knew very little about practicing her remaining years in it. The resources of LAB Subsequently (and surprisingly), Mary’s law, even less about cancer or building a home. made a real difference, both to Mary and to me.
2011-2012. Reflecting its stature as 2013. West 2013. Kari Hong 2014. BC Law forms the Center for 2016. Lynnise Pantin creates the Entrepreneurship and Innovation Clinic a thought-leader in the field, BC Law publishes launches the Experiential Learning. The center (EIC). Students advise emerging social entrepreneurs, tech founders, authors, hosts a symposium on experiential Introduction to Ninth Circuit brings all of the Law School’s clinical filmmakers, and musicians on intellectual property, licensing, regulation, and learning attended by legal scholars Transactional Appellate Pro- legal education programs, including corporate formation. and clinical law teachers from around Lawyering Prac- gram, a clinic in LAB, and also other experiential the country. Symposium papers are tice, co-authored which students teaching programs, together into a published in the Boston College by Professor represent suite of law offices on campus. 2017. Frank Herrmann, SJ, 2018. Fifty years since LAB’s founding, BC Journal of Law & Social Justice (Vol. Tremblay with non-citizens launches the Prison Disciplin- Law has a robust clinical legal education pro- 32, April 2012). Alicia Alvarez ’85. with criminal ary Clinic. Students provide gram, with ten clinics operating out of a signifi- convictions 2014. The American Bar Associa- representation at hearings to cant teaching law firm within the Law School. 2012. The CEC enters into a formal agreement with the law and argue their tion establishes that accredited law inmates in Massachusetts state Students are mentored by award-winning firm Nutter McClennan & Fish for pro bono guidance and immigration ap- schools must require students to prisons who are charged with clinical legal faculty, handle a wide range of mentoring of students. Other law firms helping the CEC are peals in federal complete a minimum of six credit violations of prison rules. court, administrative, and transactional matters, Nixon Peabody, Goodwin, Ropes & Gray, Morgan Lewis, court. hours of experiential learning. “Expe- and regularly appear before federal and state and Cooley. riential learning” includes law clinics. courts, and federal and state agencies.
2010 2015 2020
2013. The Civil Litigation Clinic 2014. Sharon Beckman launches the BC Innocence Program, which engages students in direct client 2017. Brian Quinn creates the Amicus Brief Clinic, BC launches a “Lawyer for the Day” pro- representation, policy reform efforts, and scholarship. It is the only law school innocence clinic in New Law’s first “pop-up” clinic, which enables clinical faculty and gram, in Waltham District Court, to England accepted as a member of the Innocence Network. students to nimbly weigh in on important court appeals as provide free legal assistance to pro se they arise. parties in eviction cases. LAB TURNS 50
Theo needed someone to listen, really listen, and see him, really see him. He wasn’t exactly going to play it close to the chest if you ‘GOD DON’T LIKE UGLY’ did. He wore his heart on his sleeve like that. But he wasn’t necessarily going to make it easy for just anyone to get to know him either. I’ll BY MELINA L. MUÑOZ TURCO ’15 was very young. He felt alone, really alone. tell you this: If you really listened and showed And he blamed himself for being left alone. He him consistency, Theo let you know what you “God don’t like ugly,” Theo’s grandmother believed that maybe, if it wasn’t for him, his dad had to know. Even when he wasn’t telling you said, speaking of the reason a family member wouldn’t have killed himself. Talk about ugly. something straight out, he would tell you by the had decided he wasn’t going to care for Theo Theo needed an adult he could trust. He felt inflection of his voice or by the way he smiled. anymore. Theo was just too much to handle. abandoned by his parents, and while his grand- You just had to pay attention. If you did, he “God don’t like ugly.” mother and uncle took turns taking him in, trusted you. That was something special. But Theo’s life up until that point was just they couldn’t handle Theo’s behavior. Behavior With the support of JRAP, my case partner that: ugly. It’s not that his grandmother was that I’m sure was a direct result of him being and I asked Theo to make tough decisions and blameless, but it also wasn’t her fault—all the abandoned by his mom and believing that he answer tough questions. Once he knew he was ugly in Theo’s life. And while Theo wasn’t per- was the reason for his dad’s suicide. So, Theo able to trust us, he did. We asked him to make fect, there is only so much ugly a child can bring acted out and his legal guardian at the time decisions about guardianship and school. We into his own life. So, who was to blame for every- decided to miss Theo’s guardianship-related asked him what he needed to thrive. We even thing that happened to Theo, because of Theo, court dates. Into the state system Theo went. asked him what he wanted to do about a fam- whatever? I don’t have a clear answer to that, You don’t have to do much digging to learn ily member whom we suspected was stealing although it’s a question I’ve grappled with since that kids need stability and trusting, consistent tens of thousands of social security survivor my 2L year, when I represented Theo as a JRAP adult relationships to flourish. As I’ve men- benefits from him. They weren’t easy questions [Juvenile Rights Advocacy Project] student. tioned, Theo had neither back then, not really. to answer, but over time, Theo confided in us. Here is what I do know. I know that by the Lacking the needed structure and support, Theo worked with us to find his answers; he time my case partner and I picked up his file, he made some minor mistakes that resulted led the way. With time and support from JRAP, Theo had been between the homes of mul- in major consequences. Consequences that Theo’s grandmother also felt ready to step up tiple family members, in DCF custody, and in everyone in JRAP agreed were too severe. Theo and agreed to be his legal guardian. DYS lockup. I remember that Theo had been ended up in a hardware-secure DYS facility—a Theo’s story has stuck with me in a real way. through nearly as many living arrangements place where you couldn’t go through one door He taught me what it means to be a lawyer for and school systems as the number of years he without the one behind you locking, where a young person. He taught me what happens had lived. I remember thinking: It’s no wonder barbed wire ensured you wouldn’t try to get when we actually listen to young people. And he why Theo made some of the choices he made. out. A place where the not-so-tough kids had to taught me that things aren’t always as they ap- I remember thinking: This is a true system be tough, or else. Trust me when I say, Theo’s pear. God don’t like ugly and, although his story failure. Our system failed Theo. punishment did not fit the crime. But when I had ugly parts, nothing about Theo was ugly. Theo was fifteen when I started working met him, he was in a place where he had to act Yes, he made mistakes and, yes, there had to be with him through JRAP. He was coming out of like it did. Our system—the system that moved consequences. But he did not get a fair deal. He DYS lockup (“juvie”) and needed some of the Theo from home to home to home, from school still found a way to fight on, though. He found basics in place: a legal guardian and education- district to school district to school district— a way to trust us, even though other adults had al support. Theo’s mom had abandoned him failed a boy who was fragile from the start. It failed him time and time again. It wasn’t perfect and his dad committed suicide, all when Theo broke my heart. but it was Theo. And Theo is pretty cool.
Winter 2019 BC LAW MAGAZINE 37 Alumni News and Events of Note
GENERATIONS 38 CLASS NOTES 39
SPOTLIGHTS Edward Daly 39 Rita Wiles Ross 40 Christopher Jarvinen 41 Jennifer Briggs Fisher 42 Alumni Board Elections 43 ALUMNI NEWS 44 CLICK 48 ADVANCING EXCELLENCE 50
GENERATIONS
Andrew Borggaard ’96 and his wife Jennifer Borggaard ’96 (with their dog Yeti).
38 Photograph by MATT KALINOWSKI Written and edited by Deborah J. Wakefield and Margie Palladino ’85
Class Notes We gladly publish alumni news and photos. Send submissions to BC Law Magazine, 885 Centre St., Newton, MA 02459-1163, or email to vicki.sanders@ bc.edu. Because of space consider- ations, we are not able to publish alumni news regarding inclusion in Super Lawyers Magazine, The Best Lawyers in America, and similar rating entities.
Edward F. Daly was Following a long career marked September after serving seventeen presented with the by a strong sense of civic duty, he years as judge of the Florida Fifth 49 Congressional Gold currently serves on the Board of District Court of Appeal. Medal on the day before his ninety- Trustees of the Harold Alfond Foun- Jerold L. Zaro was appointed one eighth birthday by US Representa- dation, the Board of Directors of the of three trustees of the Gateway tive Jim McGovern for his service MaineGeneral Medical Center, and Program Development Corpora- in the Office of Strategic Services is honorary consul of the Republic tion upon the recommendation of (OSS) during World War II. He is of Bulgaria Consular District for the New Jersey Governor Phil Murphy. one of the few surviving veterans State of Maine. He is a partner in the Newark, NJ, Edward Daly and Jim McGovern of the OSS, the predecessor to the and New York, NY, offices of Sills Central Intelligence Agency and the John C. Foskett is co- Cummis & Gross PC and chair of US Special Operations Command. author with Caroline the firm’s banking and real estate 76 R. Thibeault ’16 of services practice. EDWARD DALY ’49 Recently Francis J. Grondin, “Student Records,” a chapter in the Valor Rewarded who turned ninety- 2018 edition of the MCLE treatise Hon. Gilbert Badillo receiving the long overdue six years old in School Law in Massachusetts. He is was honored with Congressional Gold Medal, 50 he said, “I am honored, but my December, is interested in hearing an employment attorney at Valerio 78 the St. Thomas More contribution was minimal com- from fellow classmates and may Dominello & Hillman LLC in West- Award by the Catholic Lawyer’s pared to those in the OSS who be contacted at 8 Mill Pond Lane, wood, MA. Guild of Queen’s County in May. He parachuted in behind enemy Hampton, NH 03842. Marc D. Greenbaum is professor retired in 2015 from his position lines in Europe in WWII. They emeritus at Suffolk University Law as supervising judge of the New are the ones who made the su- preme sacrifice.”Assignment Wilfred “Jack” Sand- School in Boston following retire- York City Housing Court of Queens Stationed in Kunming, China, ers Jr. is the 2018 ment after thirty-six years teaching County, NY. in 1943, he worked decoding, recipient of the labor and employment law. Dur- Mitchell E. Rudin was named pres- and transmitting messages. 62 Dossier A longtime employee Distinguished Service to the Legal ing his teaching career, he spent a ident of Savills Studley, a commer- Profession Award presented by the semester at BC Law as a visiting cial real estate firm headquartered of the FBI and Labor Depart- ment, he retired in 1980. Oh New Hampshire Bar Association professor. in New York, NY. He was previously So Secret Enjoys living a life at its annual meeting in June. He is Jack P. Joy is the author of two po- chief executive officer and vice chair under the radar: “I want to live retired from Pierce Atwood LLP in etry anthologies, Between the Tides: of Mack-Cali Realty Corporation in under a cloud of anonymity.” Portsmouth, NH. Poems of the Cape and Islands and Jersey City, NJ. Seasons of the Heart: New England Stephen A. Hopkins, a Poems of Love and Loss, published Benjamin S. Wolf is retired trial attorney, by Create Space and available on legal director in the 63 is the author of Mem- Amazon and Kindle. 79 Chicago office of the oirs of a Cape Codder, a compilation John F. Kerry, former US secretary ACLU of Illinois, where he has also of stories that take the reader from of state and five-term US senator served as the director and chief his childhood, college, Army service, from Massachusetts, is the author legal counsel of the organization’s and law firm years, to his life in of Every Day Is Extra, a memoir Institutionalized Persons Project retirement. He currently resides in published by Simon and Schuster since 1984. Orleans, MA. The book is available in September. He currently serves on Amazon. as a distinguished fellow for global Thomas A. Barnico, an affairs and leads the Kerry Initia- adjunct professor at David T. Flanagan was tive for Diplomacy at the Jackson 80 BC Law, presented honored as the 11th Institute for Global Affairs at Yale “Degrees of Independence of State 73 Annual Claddagh University, and is a visiting distin- and Federal Attorneys General in the Award recipient by the Maine Irish guished statesman at the Carnegie United States” at a seminar hosted Heritage Center for his lifelong Endowment for International Peace. by the Constitutional Governance service to his community and state. Hon. William D. Palmer retired in and Social Change Research Group
Winter 2019 BC LAW MAGAZINE 39 ESQUIRE Class Notes
at the School of Law at Trinity Col- Gina A. Hough has following nomination by Governor lege Dublin in Ireland. departed Fox Roth- Dannel P. Malloy and presides on Rita Wiles Ross, a member of the 85 schild to join the the Juvenile Court of Connecticut Board of Directors for Iona Senior Washington, DC, firm Carlton Fields in Middletown, CT. She previously Services, a local nonprofit in Wash- as a shareholder in its real estate and served as a family support magis- ington, DC, that serves older adults commercial finance practice. She trate with the State of Connecticut’s and family caregivers, was profiled represents lenders that originate Judicial Branch. Prior to her judicial in the Fall 2018 edition of the Iona multifamily financing for Fannie appointments, she practiced family, newsletter for her philanthropy. She Mae, Freddie Mac, and Federal immigration, and real estate law in is a former counsel with the Federal Housing Administration-insured Connecticut. Deposit Insurance Corporation execution, including Multifam- (FDIC) Risk Management Group in ily Accelerated Processing (MAP) Warren E. Agin Washington, DC, having completed a execution. She counsels national presented “Using thirty-year career as an attorney with lending clients across all three ex- 89 Machine Learning the FDIC’s Legal Division that culmi- ecutions and oversees the practice. to Predict Success or Failure in nated with her retirement in 2013. She is a former vice president and Chapter 13 Bankruptcy Cases” at the deputy general counsel at Fannie Law via the Internet annual confer- Jonathan M. Albano Mae, and is considered a pioneer in ence in Florence, Italy, in October. RITA WILES was elected president the realm of strategic exploitation The full paper was published in the ROSS ’80 of the Boston Bar intellectual property assets in the 2018 edition of the Norton Survey of From FDIC to IONA 82 Acronym to acronym, Ross has Association for 2018–2019. He is a mortgage finance industry. Bankruptcy Law. He is a senior con- moved seamlessly from a career partner in the Boston office of Mor- sultant and director of professional in government to a volunteer gan Lewis and focuses his practice Kathleen M. McCar- development at LexPredict LLC in role advising an elder services on commercial, media, and appellate thy was nominated Boston, continues as of counsel to nonprofit.Secret to Aging litigation. by Massachusetts Swiggart & Agin LLC in Boston, and Well “Community. While we all 87 want to remain independent as Susan Mack has been elected to Governor Charlie Baker to the is an adjunct professor at BC Law. we age, it’s just as important to partnership at Adams and Reese position of associate justice of the Tommy M. Shi is director of diver- have a support network to help LLP in the firm’s Jacksonville, Loui- Massachusetts Superior Court. She sity and inclusion at Day Pitney LLP you manage any challenges siana, office. Her national practice is the founder and principal of the and works from the firm’s Parsip- down the line. Keeping social encompasses advising life, health, Law Offices Kathleen M. McCarthy, pany, NJ, office. In this role, he leads connections is critical to your and property/casualty insurers, bro- a criminal defense firm in North the development and implementa- health and wellness.” Taken by Surprise Having had no Iona kers, general agents, and administra- Andover, MA. tion of the firm’s strategic diversity to rely on when her own parents tors on insurance regulations and and inclusion plan by serving as a passed away, she decided it other legal issues. She is an experi- Kevin J. Curtin is the thought leader, ambassador, and would be wise to learn more enced mediator and served as corpo- recipient of the Norm advocate. He was previously head about aging. Advice to Care- rate counsel for several companies, Maleng Minister of procurement for Mercedes-Benz givers of Elderly Parents 88 “Plan ahead, be informed, and in multiple instances as companies’ of Justice Award presented annu- Manhattan and the diversity and have your resources lined up first female general counsel, prior to ally by the American Bar Associa- inclusion officer for Mercedes-Benz before a crisis hits.” entering private practice. tion Criminal Justice Section. He USA. He has served as president of is senior appellate counsel for the the Asian American Legal Defense Alexander C. Tang Middlesex County (MA) District At- and Education Fund Board of Direc- received the Robert torney’s Office, an adjunct professor tors since 2011 and is a member of 84 Pitofsky Lifetime at BC Law, and an instructor at the the National Asian Pacific American Achievement Award in September Harvard Law School Trial Advocacy Bar Association Leadership Advi- from the Federal Trade Commission, Workshop and the National Trial sory Council. where he is an attorney in the Office Advocacy College at the University of the General Counsel in Washing- of Virginia School of Law. John P. Kacavas, ton, DC. In addition to law, he has Hon. Norma I. Sanchez-Figueroa former US attorney a career as a professional pianist, was confirmed as a judge on the 90 for the District of conductor, and arranger. State of Connecticut Superior Court New Hampshire, is chief legal officer
40 BC LAW MAGAZINE Winter 2019 and general counsel for Dartmouth- gations Review. She is a partner at intellectual property litigation and Hitchcock, a nonprofit academic Steptoe & Johnson LLP in Wash- enforcement. health system serving northern ington, DC, and focuses on complex Gregory P. Varga was elected to New England and headquartered in litigation, internal investigations, the Board of Trustees of High Hopes Lebanon, NH. and global anti-corruption issues. Therapeutic Riding in Old Lyme, CT. Kathleen Browne is the chief He is a partner in the Hartford, CT, Christine A. Leahy was investment officer of Denison office of Robinson & Cole LLP and named chief operating University in Granville, OH. She was focuses his practice on insurance 91 officer at CDW Corpo- previously managing director of the coverage and corporate litigation. ration in Lincolnshire, IL, where she endowment at Wellesley College. previously served as chief revenue Peter V. Hogan is a officer, senior vice president of Michael J. Amoruso partner in the Los international markets, and general was elected presi- 98 Angeles, CA, office counsel. dent of the National of Buchalter and a member of the 94 CHRISTOPHER Academy of Elder Law Attorneys for firm’s corporate practice group. His JARVINEN ’99 Elizabeth Martin is 2018–2019. He is managing partner practice is focused on securities, As a Fulbright Specialist vice president at at Amoruso & Amoruso LLP in Rye general corporate law, and mergers Will participate in the US- 92 the Lewin Group, a Brook, NY, and concentrates his and acquisitions. China international educational health and human services consult- practice on elder law, asset pres- exchange program to increase ing firm in Falls Church, VA. She was ervation, comprehensive estate Christopher Andrew mutual understanding of bank- previously national vice president of planning, estate administration, and Jarvinen was ruptcy law. Best Ever He calls professors Dan Coquillette and program and network integrity for guardianship. awarded a Fulbright 99 Cynthia Lichtenstein two of the Optum-United Health Group and grant. Named a senior Fulbright finest he ever had. Coquillette chief executive officer of the organi- Seema Nanda is chief Specialist by the US Department of for instilling the imperative that zation’s New Mexico program. executive officer and State, he will be in residence during to be an excellent lawyer, it is vice president of the Spring 2019 at the Bankruptcy Law not enough to do well; lawyers 95 must also do good. Lichtenstein Bradford S. Babbitt is Democratic National Committee and Restructuring Research Center for focusing on practical- a partner in the Hart- and is the first Indian American of the China University of Politi- ity in commercial transactions ford, CT, office of Rob- woman appointed to the position. cal Science and Law in Beijing. A and advising clients to work 93 out problems rather than to inson & Cole LLP and co-chair of the Previously, she was the executive corporate restructuring partner firm’s litigation section. His article vice president and chief operating with Richards Kibbe & Orbe LLP in terminate the relationship or sue. Helping Others Member entitled “Live Testimony from Rule officer at the Leadership Confer- New York, NY, Jarvinen is also an of Lambda Legal, a nonprofit 30(b)(6) Witnesses at Trial: What’s ence on Civil and Human Rights in elected fellow of the American Col- committed to achieving full Fair Game?” was published in Liti- Washington, DC. lege of Bankruptcy, the American recognition of civil rights of gation Journal, a publication of the Deirdre E. Sanders was elected Law Institute, and the International lesbians, gay men, bisexuals, American Bar Association Section of president of the Boston Patent Law Insolvency Institute. transgender people, and every- one living with HIV. Litigation, in September. Association. A partner in the Con- Brigida Benitez was named to the cord, NH, office of Hamilton Brook Louis P. Lehot is co- Women in Investigations 2018 list Smith Reynolds, she focuses her managing partner of 100 investigation specialists from practice on strategic biotechnology 00 in the Silicon Valley around the world by Global Investi- patent prosecution counseling and office of DLA Piper in East Palo Alto, CA, where he is co-chair of the firm’s
ALUMNI ASSOCIATION NOTICE US emerging growth and venture capital practice and focuses on cor- On November 1, 2019, the Alumni Association will hold an Alumni Board porate, securities, and mergers and meeting followed by the annual Assembly Meeting. Elections for 2020 Alum- acquisitions law. ni Board members will be held during these events. Anyone who has volun- teered for BC Law between June 2018 and November 2019 is eligible to vote. Please visit bc.edu/lawalumni or contact Lauren McCauslin, associate director of Danielle Porcelli alumni relations and volunteer engagement, at [email protected] for more Bianchi was named an information about the association and this election. 03 assistant chief of staff
Winter 2019 BC LAW MAGAZINE 41 ESQUIRE Class Notes
for II Marine Expeditionary Force Leila A. Amineddoleh Catherine Beideman of the US Marine Corps and is re- was retained as legal Heitzenrater has been sponsible for force preservation. The 06 counsel of the Hellen- 07 promoted to partner organization, comprised of ground, ic Republic Ministry of Culture and at Duane Morris LLP in Philadephia. air and logistics forces, represents Sports, a government department She practices in the areas of bank- one of the largest and most power- of Greece. She is the founder and ruptcy, corporate reorganization, ful Marine Air-Ground Task Forces. managing partner of Amineddoleh & creditors’ rights, commercial finance, Bianchi resides in North Carolina. Associates LLC in New York, NY, and and secured transactions. She also specializes in art, cultural heritage, represents insurance companies, se- Amanda S. Eckhoff and intellectual property law. cured creditors, Chapter 11 debtors- was appointed to the Benjamin W. Spiess is an associate in-possession, Chapter 11 trustees, 05 Board of Directors of in the Anchorage, AK, office of Chapter 7 trustees, liquidating the New England Center and Home Landye Bennett Blumstein LLP, trustees, and creditors’ committees for Veterans, where she coordinates where he is a member of the real in all aspects of bankruptcy cases. At volunteer efforts for employees estate practice group and involved BC Law, she was the managing editor at her firm, the Boston office of in Arctic policy and development. for the Boston College Environmental Robinson & Cole LLP. There, she is He is also a member of the Board Affairs Law Review. a member of the finance group and of Directors of the nonprofit JENNIFER BRIGGS leads the commercial real estate organization Design That Matters John Frank Weaver FISHER ’05 finance team. and is an honorary trustee of the presented “A.I. Best Growing a Cannabis Legal received Chewonki Foundation. Practices: Rules and Practice With a skill-set in Jennifer Briggs Fisher 08 regulatory compliance, govern- the Margery Reed Professional Victoria L. Steinberg is a partner at Policies for Using Artificial Intel- ment enforcement actions Excellence Award from the Duane Boston-based Todd & Weld LLP and ligence in Your Business,” a webinar including white-collar crime, Morris Women’s Impact Network concentrates her practice on civil lit- by HB Litigation Conferences, and and complex commercial for Success for her commitment igation. She was previously a partner “Should Artificial Intelligence Be a litigation, Fisher now serves to mentoring young lawyers in at Collora LLP in Boston. Legal Person” for BC Law’s Program this cutting-edge industry. Her Clients Cannabis operators, the firm’s offices nationwide. She Christopher J. Updike is general on Innovation and Entrepreneur- companies providing ancillary is a litigation partner in the San counsel at Bankruptcy Management ship (PIE). He is an associate in services, and major investors. Francisco, CA, office of Duane Morris Solutions in Irvine, CA. He was the Woburn, MA, office of McLane Other Passion Mentor- LLP and the driving force behind the previously a corporate restructuring Middleton PA, and a member of the ing young women attorneys. West Coast expansion of the firm’s attorney at Debevoise & Plimpton real estate and privacy and data Inspiration RBG: “The story of Justice Ginsburg’s life and cannabis industry practice group. LLP in New York, NY. security practice groups. fight inspires such a unique bond among women attorneys practicing law today. We owe an incredible debt of gratitude to her, and I pray every day for IN MEMORIAM her good health.” John J. Daunt ’47 Hon. Margaret M. Rene J. Pinault ’61 Bradford J. Powell ’72 Alexander Skene ’49 Heckler ’56 David H. Kravetz ’62 Garrick F. Cole ’73 Francis X. Barrett ’50 Richard A. Francis ’57 Robert I. Moriarty ’65 James Brennan Clapp ’74 Robert Edward Herlihy ’50 John P. Grayken ’57 James J. Dean ’66 Neal C. Tully ’73 Louis J. Bagley ’51 Marie Clogher Malaro ’57 George B. Leahey ’66 Timothy F. Gens ’75 Robert J. Weber ’51 David E. Namet ’57 David M. Lipton ’66 Patrick William McDonough ’75 Richard C. Urie ’52 Hon. James F. Queenan Jr. ’58 Hon. John K. McGuirk ’66 Bruce G. Aycox ’76 Julian J. D’Agostine ’53 Philip J. Ryan ’58 Gerald S. Cournoyer ’67 Christopher J. Palano ’81 Edward R. Lembo ’53 Hon. A. Richard Theodore Welburn ’68 Max H. Kumin ’83 Hon. Thomas M. Karkutt Jr. ’58 Michael Deland ’69 Christopher K. Lawford ’83 Quinn Jr. ’53 John Joseph Bilafer ’59 Warren K. Rosen ’69 Thomas E. Mitchell ’85 David W. Walsh ’53 Edward V. Puopolo ’59 Michael Kemler ’70 Thomas Louie ’91 John E. Whelton ’54 David B. Finnegan ’60 Ann Marie Grogan ’71 John R. Hope ’92 David C. Sullivan ’55 Barrett S. Wayne ’60 Francis B. McCarthy ’71 Bruce David Wickersham ’96 Richard J. Bennett ’56 John B. Deady ’61 John J. Spignesi ’71 Janice Kim Thomas ’02
42 BC LAW MAGAZINE Winter 2019 Mark Warner ’89
Nathan N. McCon- DC. He was previously general coun- Bacon Wilson as an associate in its ALUMNI arty was named to the sel at theGroup DC, a government estates and probate department, BOARD 10 Board of Directors relations firm in the nation’s capital. where she works on matters related ELECTIONS of Boston Partners in Education, a Noah C. Hampson and his wife to estate and asset planning, trusts, nonprofit organization committed Rebecca are spending a “service long-term care planning, and mat- Mark Warner ’89 was elected President of to enhancing academic achievement year” as advisors to a private foun- ters of guardianship/conservator- the Alumni Board in in Boston public schools through dation that is funding the establish- ship. Previously, she was a staff November, succeeding community volunteer support. He ment of the Rwanda Institute for attorney for the New Hampshire Ingrid Schroffner ’95. The is an associate in the business law Conservation Agriculture (RICA) Public Defender. other executive officers of the board are Steve Riden ’99, group at Boston-based Hemenway & in the Bugesera District in Eastern Mark E. Woodroffe is corporate President-Elect; Norah Wy- Barnes LLP and serves as co-chair Province, Rwanda. RICA is an un- counsel at Altra Industrial Motion lie ’79, Vice President; Bob of the Communications Subcom- dergraduate institution dedicated in Braintree, MA. He was previously Raskopf ’76, Secretary; and mittee of the Boston Bar Association to training the future conservation a corporate associate at Cooley LLP Esther Chang ’07, Treasurer. Exempt Organizations Section. agriculturalists of Rwanda and in Boston. We are also pleased East Africa. to recognize the board directors, Adam Baker ’08, Kate Foley was elected Walter A. Rodriguez Jr. Jonathan Brooks ’99 (An- to the Board of Direc- Anusia H. Gillespie is was named a “Latino nual Giving Chair), Jennifer tors of the International the director of growth 30 under 30” honoree Creedon ’97, Brian Dunphy 11 15 ’07, Lurleen Gannon ’02, Women’s Insolvency & Restructur- and innovation at by El Mundo Boston in recognition of 13 Jane Kourtis ’89, Vince ing Confederation (IWIRC) New Eversheds Sutherland in Atlanta, his leadership and efforts to promote Lau ’97, Michelle Limaj ’07, England Chapter. Kate is an associ- GA. She was previously senior diversity in the legal and Latino Phil Privitera ’95, and Ken ate in the Westborough, MA, office manager of program development communities. He is a corporate as- Sanchez ’03. of Mirick O’Connell in the firm’s at Harvard Law School Executive sociate in the Boston office of Locke creditors’ rights, bankruptcy, and Education. Lord LLP. reorganization group. Mackenzie A. Queenin is an as- Anne R. Gordon, a senior associ- sistant US attorney in the Criminal Caroline R. Thibeault ate at PricewaterhouseCoopers LLP Division of the US Attorney’s Of- is co-author with in McLean, VA, was named a John S. fice for the District of Massachu- 16 John C. Foskett ’76 of Nolan Fellow for 2018–2019 by the setts. She was previously a litiga- “Student Records,” a chapter in the American Bar Association Section tion attorney in the Boston office of 2018 edition of the MCLE treatise of Taxation. Mintz Levin. School Law in Massachusetts. She is an associate at Valerio Dominello Andrew M. Collins is Elizabeth Mone has & Hillman LLC in Westwood, MA, regulatory counsel at joined the Western and focuses her practice on labor 12 Uber in Washington, 14 Massachusetts firm and employment law.
Photograph by CAITLIN CUNNINGHAM Winter 2019 BC LAW MAGAZINE 43 ESQUIRE Alumni News
firms. “They told her, ‘You’d only be considered as a secretary— you’ll never go further here,’” said Kimberly Heckler. So Margaret went into private practice, volun- teered in Republican campaigns, and in 1958 became a member of the Republican Committee for Wellesley, Massachusetts, where she and her husband raised their three children. Heckler defied the Republican establishment in 1966 by running in the primary against veteran Congressman Joseph W. Martin, who had represented Massachu- setts’ 10th district since 1925. She won, and went on to beat her Democratic opponent in the general election. She soon built a reputation as her district’s cham- pion in Washington, DC, setting Rep. Margaret up a toll-free hotline for constitu- Heckler ’56 at the International ents, making weekly visits back Conference on home, and promoting policies that AIDS in 1985 benefited local interest groups. Her son John fondly recalls his child’s-eye view of southeast- ern Massachusetts towns while The Compassionate Realist riding in the back of an Oldsmo- The late Margaret Heckler ’56, congresswoman, cabinet secretary, and ambassador, was a political bile convertible, and his certain trailblazer and pioneering champion of women’s rights. BY JANE WHITEHEAD belief that the petite whirlwind at the wheel—Heckler stood five- Margaret Heckler kept a sign on her desk that read: “Whatev- that she could campaign on other feet-one-and-a-quarter inches er women do, they must do twice as well as men to be thought college campuses. Margaret was tall—was a super-hero “capable of half as good. Luckily, this is not difficult.” allowed to go, under one condition: leaping tall buildings and stopping Heckler, who passed away August 6, 2018 at the age of eighty-seven, “WIN!!” she was told. She won by locomotives.” knew what it took to forge a career in elite male-dominated arenas. At a large majority, the first woman to As one of only eleven women BC Law, she was one of only two women in her class (and the only wom- hold the office. in the 1967 House of Representa- an to graduate in 1956) and she was the first woman from Massachusetts After graduation she and John tives, Heckler saw an urgent need to be elected to Congress without succeeding her husband. Heckler, now married, both applied to build support for women’s Born in 1931 in Flushing, New York, to Irish immigrant parents, Marga- to and were accepted at Harvard causes. In 1977, she founded and ret Mary O’Shaughnessy relied on her brains, drive, and staunch Catholic Law School. The dean advised that was the author of the Congres- faith to make her way in the world. “Her motto was ‘work hard, study hard, student marriages rarely survived sional Women’s Caucus that later pray hard,’ and she was never idle—she could out-study, out-last, out-per- law school intact, so Margaret became the Congressional Caucus form any other human,” said her daughter-in-law Kimberly Heckler. Heckler headed instead to Boston on Women’s Issues. She planned Heckler’s introduction to politics was to run as Speaker of the House College Law School, graduating it as a bipartisan group. Heck- for the Connecticut Colleges’ Student Legislature, as an undergradu- sixth in her class. ler pushed for the Equal Rights ate at Albertus Magnus College in New Haven, Connecticut. Her future In the mid-1950s, Heckler Amendment and was the lead husband John M. Heckler managed her campaign, and the pair had to faced discrimination when she House sponsor of the 1974 Equal ask the mother superior’s permission for Heckler to miss curfew, so applied to established Boston law Credit Opportunity Act prohibit-
The John J. Burns Library at BC holds the Margaret Heckler papers and 44 BC LAW MAGAZINE Winter 2019 expects to make the archives available for research in fall 2019. Michael Deland ’69 “Margaret kept a frenetic schedule and buzzed with physical restlessness, talking fast and walking faster; aides carrying briefcases struggled in her wake as she marched ahead in high heels.” Heckler speechwriter and Wellesley neighbor BETH HINCHLIFFE
ing discrimination in lending “number one health priority,” and Washington Post, by 1987 the am- based on gender or marital status. for which she demanded increased bassador’s residence in Dublin’s In 1982 Heckler was the federal funding. She also expanded Phoenix Park had become a salon most senior Republican woman funding for research into breast for Irish and American politicians representative in the House when cancer and Alzheimer’s. and cultural and business leaders, she lost her seat to Democratic Her greatest legacy at HHS and Heckler won popularity for freshman Representative Barney was the groundbreaking “Heckler her efforts to promote American MICHAEL DELAND: Frank following congressional Report,” a nine-volume study investment in the economically THIS LAND redistricting in Massachusetts. documenting disparities in health struggling country. WAS HIS LAND The unexpected end to Heckler’s and life expectancy among minor- “Margaret was always throw- , who was congressional career coincided, ity populations that led to the ing a party, wherever she was,” Michael Deland ’69 as fierce for his causes as he fortuitously, with efforts by the creation of the HHS Office of Mi- recalled Kimberly Heckler, who was generous in his leadership, GOP to bring more women to nority Health. Heckler’s priorities first visited the residence as the passed away January 8 at the the fore, and in 1983, President alienated conservative Republi- twenty-something girlfriend of age of seventy-seven. His ac- Ronald Reagan nominated her to cans, who favored spending cuts to the ambassador’s son. Breaking complishments were legion: He led the New England branch of head Health and Human Ser- Social Security and other welfare off from preparations for a party the Environmental Protection vices (HHS), a department with programs. This ideological divide, to promote Anheuser Busch, Agency, served as environmental 145,000 employees and a $300 coupled with adverse publicity Margaret Heckler whisked her up advisor to President H.W. Bush, billion budget. surrounding her divorce, led to her in the elevator to the best guest and fought to clean up Boston Heckler called the job the being pressured to step down from room and assigned a maid to help Harbor. “Mike Deland’s life greatest challenge of her life, vow- the post in late 1985. her settle in. “I found that this stands as a proud example of BC Law’s environmental service ing at her confirmation hearings to When Reagan offered the con- woman who’d risen to such a level to the nation,” said environ- be “a catalyst for caring.” At HHS, solation prize of the US Embassy of power was so compassionate mental law professor Zygmunt she “kept a frenetic schedule and in Ireland, Heckler overcame some and kind,” said Kimberly. Plater. Confined to a wheelchair buzzed with physical restlessness, initial reluctance and tackled her One of his mother’s favorite later in life, Deland also fought talking fast and walking faster; new appointment with charac- sayings, her son John recalled at to have an image of Franklin Delano Roosevelt depicted in his aides carrying briefcases struggled teristic energy. According to the her memorial service, was: “I will wheelchair at the FDR Washing- in her wake as she marched ahead rest when I am dead.” After her ton memorial so people would in high heels,” recalled her long- return from Ireland in October know that the president “raised From top left, Rep. Margaret Heckler ’56 the country up—gave America time speechwriter and Wellesley with Israeli Prime Minister Begin and Rep. 1989, Heckler worked tirelessly hope—from a wheelchair.” neighbor Beth Hinchliffe. Always O’Neill in 1979; at President Ford’s signing for Catholic charities, received of the Women’s Equality Day Proclamation a quick study, Heckler faced the in 1974. She later served as Secretary of numerous honorary degrees, and Health and Human Services under President public health crisis sparked by the served on many boards, including SAVE THE DATE: PILF AUCTION Reagan, who appointed her Ambassador to the National Alliance for Hispanic emerging HIV/AIDS epidemic, Ireland in 1985. She was the sole woman in which she called the country’s the BC Law graduating class of 1956. Health. “I became very devoted to BC Law’s Public Interest Law Foun- affirming the faith for all people,” dation is gearing up for its 31st she told the New York Times. As annual PILF Auction on March
sociable as she was devout, the day 21. After several years off-site, the auction is returning to campus to before she died she was in her ele- celebrate and deepen the commu- ment at a brunch party at the elite nity’s public interest spirit. It will be Cosmos Club in Washington, DC, held from 4 to 7 p.m. in the Yellow sharp and gregarious to the end. Room/Snack Bar. The auction “She was the last of an era,” raises money to provide summer stipends for BC Law students said BC Law Professor George in unpaid, public sector intern- Brown. “She is a sort of bridge ships. Last year PILF raised nearly to the time when we were a $22,000 at the auction. In support genuine two-party state, when of PILF’s mission, donations may there were a substantial number be made at bc.edu/lawpilf by se- lecting “Law Public Interest Fund.” of Massachusetts Republicans A donation of $2,000 helps to fund in Congress, which makes her one student for the summer, but all GETTY IMAGES; O’NEILL: ASSOCIATED PRESS; FORD: BETTMANN; REAGAN: CYNTHIA CYNTHIA PRESS; FORD: BETTMANN; REAGAN: ASSOCIATED O’NEILL: GETTY IMAGES; BIDDLE DELAND: SUSAN IMAGES; COLLECTION/GETTY LIFE IMAGES JOHNSON/THE HECKLER (OPPOSITE PAGE): THOMAS S. ENGLAND/THE LIFE IMAGES COLLECTION/ COLLECTION/ ENGLAND/THE LIFE IMAGES THOMAS S. PAGE): (OPPOSITE HECKLER historically significant.” amounts are welcome.
Winter 2019 BC LAW MAGAZINE 45 ESQUIRE Alumni News
thinking about what he cared most deeply about, almost to the exclusion of everything else. You whittle the list down to two or three, he said, turn down oppor- tunities that fall outside the list, even if they would bring in more money. But if you get that clarity, which, he admitted, is hard to do, it’s liberating. It is this clarity of mission and understanding of civic leadership that BC Law hopes to instill in its students through LEAPS. “This mission to train public service- minded leaders is part of our DNA here at BC law,” Dean Vincent Rougeau said in introductory remarks. “It’s always been impor- tant to us. But until today we had no unified direction or cohesion holding all of our efforts together.” LEAPS is an umbrella program that integrates academic, career, and experiential opportunities in public service across BC Law. Simas is an early product of that commitment to service. He said in a nation predicated on the David Simas ’95 rule of law, the responsibility of a lawyer to answer “the call to leadership is clear.” When a factory machine malfunctioned, cutting his mother’s He also stressed the impor- ‘Feel fingers off, an entire community—neighbors, co-workers, and tance of developing a personal church members—came to his family’s aid. But David Simas story to build trust with others; Deeply ’95, then a child of three or four and now the CEO of the Obama Founda- issue-mapping problems that you tion, especially remembers meeting the man who rigorously defended care most deeply about; doing About the dignity of his working-class family of Portuguese immigrants, the asset inventory and coalition man who changed his life. building; and identifying who What “He was my mother’s champion. In our eyes, the only thing he makes the decisions as well as cared about was my mother,” Simas told a standing-room-only crowd the variables that influence those You Do’ of more than 130 people at the September kick-off of Boston College decision-makers, a process he Obama Foundation CEO Law School’s Leaders Entering and Advancing Public Service (LEAPS) calls “power-mapping.” shares lessons in humility, program. “He was my hero. I went to law school because of that brief mo- “We tear society apart if we power-mapping, and ment in time where I saw this person be the champion for my mother.” assume that anyone who has a not hiding in your notebook. Simas, who spent eight years as a senior adviser to President Barack contrary belief is somehow less of BY JAEGUN LEE ’20 Obama before being tapped in 2016 to lead the Chicago-based nonprofit an American than you are,” Simas started by the Obamas to empower the next generation of civic leaders, said. “Feel deeply about what you urged students at his alma mater to become champions of not only their do. Keep your principles centered. clients but also a cause they are passionate about. Don’t forget the responsibility of At the beginning of his career, he said he spent a couple of years citizenship.”
46 BC LAW MAGAZINE Winter 2019 Photograph by DANIELLE RIVARD Juliane Balliro ’81 with Kevin Spacey
The Legacy all different types of civil rights work. They fought to protect train service of Berney’s to an all-black community, advocated Raiders for Native Americans in tribal courts, A 1960s band of brothers fought pursued school desegregation, and the good fight for civil rights. defended against police brutality. One Raider, Jon Schneider ’68, Professor worked on Loving v. Virginia, in which NEWSMAKER Arthur the US Supreme Court declared laws Berney prohibiting marriage between whites Juliane Balliro ’81 When Oscar-winning actor Kevin Spacey entered and non-whites unconstitutional. a Nantucket courtroom January 7 for arraignment on a charge of At the time, sixteen states had laws indecent assault and battery, he was accompanied by his attorneys, prohibiting interracial marriage. Juliane Balliro ’81, center, and Alan Jackson, right. In court docu- ments, his legal team said the accusations that Spacey groped the “The first pleading I ever filed teenage son of a former Boston TV anchor in a bar in 2016 were was the jurisdictional statement in “patently false.” The actor pleaded not guilty. Balliro is a white-collar the Loving case. When I delivered criminal defense lawyer at Nelson Mullins in Boston. it to the clerk at the US Supreme Court, he said, ‘We have been waiting for this one.’ I have often said that this was the pinnacle of my career,” INTO AFRICA Noah wondered if this might Schneider recalled. He still feels that Couple sets out on service be the opportune moment for The 1960s was a time of much social way, even after a forty-year career at sabbatical to Rwanda. them to take a service sabbati- and political change. The civil rights Goodwin. cal, if he could arrange to take a leave from his job and she movement and drive to protect the According to early editions of Sui could wind down her role at the due process rights of the poor and Juris, the news journal of BC Law’s institute. They spent a good part disadvantaged led to much activism Student Bar Association, Berney’s of 2018 looking at opportunities on school campuses nationwide. other Raiders were: Oliver Barber and asking themselves how they Led by Professor Arthur Berney, ’68, Arthur Wiener ’68, Joseph Gold- might lend their expertise some- where in the world where their berg ’68, William Donnelly ’68, John BC Law joined in by establishing its skills would make a difference. own civil rights organization in 1966 Joyce ’68, John Mason ’68, David F. Noah ’12 “We put a memo together that came to be known as Berney’s Parish ’68, Lawrence Weisman ’68, and Rebecca and talked about us and what Hampson Raiders. Its mission was to assist le- Ned Holland ’68, Gregory Hren ’68, we wanted to do,” said Rebecca. gal groups involved in civil rights liti- Richard Cramer ’68, David Twomey “We’re mission-driven, passion- Noah Hampson ’12 and his wife ate people. We wanted to plant ’68, Joseph Korff ’68, James Klein gation in any of the fifty states. Some Rebecca have been nothing ourselves in a community and do seventeen students fanned out across ’67, Stephen Shatz ’67, and Peter if not thoughtful about their what we could to be helpful.” the country that summer, aiding in Norstrand ’66. respective careers, he as an After a chance meeting at a associate in the Corporate and professional event, a plan and an Securities Practice Group at offer quickly took shape. They Baker & McKenzie in Chicago, would spend ten months working she most recently as chief of on behalf of a charitable founda- BEST SELLER TO BECOME APPLE SERIES staff and director of the US- tion on the construction of a William Landay’s 2012 blockbuster novel produce and direct. “I’ve seen the first China CEO Council for Sustain- Rwandan agricultural college, Defending Jacob, a wrenching depic- few scripts and they’re fantastic,” Lan- able Urbanization at the Paulson one focused on sustainability tion of what happens to a family when a day ’90 said in a blog post announcing Institute. and conservation. lawyer’s teenage son is accused of killing the long-awaited project. But when Rebecca began to “Service was important to my a classmate, begins its transition to the consider what might be next family. I was raised to think about screen this March, when Apple begins an after fourteen years in the US service,” said Noah, explaining Willliam eight-episode series starring Chris Evans Landay ’90 departments of energy and why this sabbatical means so (of Captain America fame). According education, and at the White much to him. He said that at BC to Deadline, other A-listers involved are House, Teach for America, Law he was similarly encouraged Mark Bomback (Planet of the Apes tril- and the Paulson Institute, she to set goals that bring joy and ogy), who will write the series, and Oscar- decided the time was coming to provide for others’ needs. nominated director Morten Tyldum The do something new, something The Hampsons embarked on
SPACEY: NICOLE HARNISHFEGER/ASSOCIATED PRESS HARNISHFEGER/ASSOCIATED NICOLE SPACEY: Imitation Game), who will executive focused on others. that journey January 15.
Winter 2019 BC LAW MAGAZINE 47 ESQUIRE Click
REUNION WEEKEND 2018
Reunions are, by nature, great fun, and the weekend of November 2-3, which gathered members of classes ending in 3 and 8, was no exception. Except that, well, it was exceptional. Let us count the ways: Some 500 people attended Saturday’s reunion events: a BAN meeting, judges panel, Dean’s Coun- cil Reception, and Reunion Dinners at the Ritz-Carlton Boston. On Friday scores of Legal Assistance Bureau alumni came to campus to celebrate 50 Years of Clinical Education at BC Law (comprising a founder’s lunch and storytelling sessions). Dozens of other guests attended a Rappaport Center panel on criminal convic- tion, student-led campus tours, a guided trip to the McMullen Mu- seum of Art, the Alumni Assembly annual meeting that included a conversation with former Boston Police Commissioner William Evans, and a Welcome Back Dinner and “Bar Review.” As these accompanying photos attest, it was a fine time, indeed.
For more on Reunion Weekend, read a letter from James A. Champy ’68 and the 2018 Reunion Giving Report, beginning on page 52.
48 BC LAW MAGAZINE Winter 2019 Photographs by CAITLIN CUNNINGHAM To see more Reunion 2018 photos, including LAB at 50 celebrations, go to lawmagazine.bc.edu. Winter 2019 BC LAW MAGAZINE 49 ESQUIRE Advancing Excellence
A Young Life Interrupted A legacy long-lasting.
“Larry Adelman rejoiced in his dreams,” his friend Bob Quinn wrote upon his death. “As a lawyer he felt he could do the most good for the most in need.” Despite Adelman’s untimely passing in 1978, the year he would have gradu- ated from BC Law along with Quinn, those dreams have come to fruition. Adelman’s death from cancer was a pain- ful shock to his classmates. “Larry was the first person I met my first day of law school, and he was so warm and fun; everybody enjoyed him,” recalls classmate Peter Flynn. “I’d never known anyone my age to die. It was shattering.” Several friends from the Class of 1978— Lawrence Podolski, Robert Steele, and Susan Webman, in addition to Quinn and Flynn—established a scholarship fund in his honor, to which many of his other classmates and friends, as well as Adelman family members, contributed. “We wanted to memorialize him in a way consistent with his aspirations,” explains Flynn. For four decades the fund, conceived to provide scholarships to students committed Abigail Rosenfeld ’21, the first recipient of the to using their law education for the public Lawrence A. Adelman good, continued to grow. Last spring, in an- ’78 Scholarship; inset, Lawrence Adelman ’78 ticipation of their fortieth reunion, the fund trustees endowed the Lawrence A. Adelman ’78 Scholarship Fund at BC Law. The con- tribution qualified for a generous challenge Group inspired her to go to law school. a beautiful story, that out of this tragedy so gift from the James A. ’68 and Lois Champy “I chose BC Law because of its commit- many people were moved to make a difference Fund, empowering the Adelman Fund to im- ment to public service,” says Rosenfeld. in so many lives.” mediately begin supporting students. “After graduation, I may go back to civil This year’s Adelman Scholar is Public legal services, but I’m open to falling in love To make a gift to the Adelman Fund or create Service Scholar Abigail Rosenfeld, a 1L with something else as long as I’m using my a fund in honor of a loved one, contact Jessica whose work on tenants’ rights issues as a education to help others. I feel very fortunate Cashdan at 617-552-3536 or jessica.cashdan@ paralegal at the New York Legal Assistance to have been chosen for this honor. It’s such bc.edu.
50 BC LAW MAGAZINE Winter 2019 Rosenfeld photograph by REBA SALDANHA DONOR PROFILE THE POWER OF MANY It’s simple math. Small gifts add up. We’ll Always Be There Every year, the BC Law community comes together to provide vital support for students who need help meet- Robert Decelles ’72 and Mary Dupont’s funding strategy ensures their giving continues. ing the costs of law school. While some among us are able to make very significant gifts, others may stretch in order to make a smaller gift—and may wonder When Robert Decelles first con- The plight of veterans returning from Iran whether such gifts matter. They do. templated law school, he assumed and Afghanistan has been of increasing concern The collective impact of those who give more mod- it was out of reach. After graduat- to them as well. “These veterans did so much for est gifts, once combined, is quite significant. In fact, roughly one-seventh of our alumni community make ing from Boston College, he didn’t think he their country, making incredible sacrifices—and gifts of less than $1,000 each year. When we total these could afford to continue; his parents had then they return to a job market that often does gifts, it exceeds an impressive $303,000, which covers saved to help him with undergraduate tu- not value their skills,” explains Dupont. The half of tuition for eleven students. The vast majority of these gifts are made to the Law School Fund, a fund ition, but there were no resources for gradu- Decelles Family Veterans Scholarship Fund ex- that provides support for many of the Law School’s ate school. When he said as much in a chance tends financial aid to a student who has served most important and immediate needs, notably student conversation with Father Robert Drinan, honorably in the US military or the child of a scholarships. It also supports faculty research, PILF summer stipends, and a handful of special projects that then dean of BC Law, Fr. Drinan encouraged veteran. Dupont hopes that their scholarship might otherwise not be possible. him to have faith, saying things would work will help veterans earn a degree and discover an As we continue to grow the annual fund to support out. And just like that, Decelles was accepted “effective and clear career pathway.” the $10 million annual financial aid budget, every single one of those gifts makes an important difference—pre- and qualified for a scholarship. Several years after establishing the scholar- cisely because it plays a role in the collective support It was a different financial landscape ship, Dupont and Decelles included bequests for BC Law. then, says Decelles. He and his wife Mary in their estate plan to augment the fund. “We Bottom line—if you’ve ever wondered whether each and every gift can really make a difference at BC Law, Dupont are well aware that today’s students know how important funding is to any organi- there’s one simple answer: yes. often struggle with debt after graduation, and zation, and if funding were to stop every time The power of many has an extraordinary impact. it has long been important to them to create a someone died, the institution would falter,” To join others in this collective vote of confidence in BC Law, make your gift today at bc.edu/givelaw. larger pool of financial aid so more students explains Dupont. “We wanted to be sure that have the opportunity of a BC Law education. our giving stream will continue. THE SMALL GIFT EQUATION IN FY18 They’ve been giving back to BC since soon “It all comes together naturally for us: sup- after Decelles’ graduation, “starting small,” porting BC Law and honoring these men and he says, but steadily increasing their support. women who have served our country so well. Retired accountants and active philan- This scholarship will always be there to help 2,950 thropists, the couple support a variety of orga- them,” she says. Total donors to the Law School Fund nizations—and increasing access to education is especially important to them. “We have To learn more about establishing an endowed been very fortunate in our lives, and the key to fund, or to make a planned gift, contact Jessica that success, for us and for our children, has Cashdan at 617-552-3536 or jessica.cashdan@ been high quality education,” says Decelles. bc.edu. 1,743Donors giving less than $1,000
Robert Decelles ’72 and Mary Dupont $303,747 Total dollars from these 1,743 donors
Eleven Those donations cover the average financial
DECELLES: COLLEEN CHASE COLLEEN DECELLES: aid award for 11 students
Winter 2019 BC LAW MAGAZINE 51 SENTIMENTAL JOURNEY / REUNION 2018
As I reflect on the 2018 Boston College Law School Reunion weekend and the opportunity to 2018 celebrate my fiftieth reunion with friends, I feel an immense sense of pride in BC Law. Throughout the reunion two-day program, I experienced moments of joy reconnecting with classmates I had not seen in many years. I also took time to reflect on giving all that the Law School does to create positive change in the world. The sense of community is as strong today at BC Law as it was when I graduated in 1968. report Professors are still engaging with students both in and outside of the classroom. The dedication Class of 1968 of the faculty was on display during the celebra- John R. McFeely Additional Donors John G. Neylon tion. I saw many alumni greet faculty members 50th Reunion Charles Mone Ivar R. Azeris James E. O’Connor as they would their family members. The same Class Gift Total: $907,845 Peter J. Morrissette Donald L. Becker Nicolette M. Pach sentiment existed fifty years ago. 5-Year Total: $1,143,566 Robert M. O’Brien Dennis J. Berry Steven L. Paul 36% Michael A. Paris William Brody Joseph J. Recupero Professionals from a variety of legal fields Class Participation: Michael E. Povich P. Robert Brown Patricia R. Recupero shared inspirational stories of challenges and $500,000+ Grier Raggio Bruce H. Cohen Paul G. Roberts triumphs throughout the weekend. I got to meet James A. Champy* John J. Reid William A. Conti Peter T. Robertson BC Law alumni currently practicing in top law William J. Rohman Walter A. Costello Rosalyn K. Robinson firms. I met several graduates who are making $25,000+ William R. Rollins Patrick E. Daly Robert Scott a difference while working in public interest. Jon D. Schneider John R. Shaughnessy Patrick J. Daly William Uehlein There were also a few judges in attendance. Robert L. Shea Edith N. Dinneen Steven Weisman Regardless of which path each graduate chose, $10,000+ Dennis J. Smith James C. Donnelly Richard M. Whiting the sentiment of “men and women for others” Martin Michaelson Samuel B. Spencer William F. Dowling Jeffrey P. Somers Dennis M. Sullivan Sandra S. Elligers prevailed across all class years. William C. Sullivan Robert F. Teaff Robert D. Fleischner Class of 1978 The formative education that a student Peter Thoms Patrick A. Fox 40th Reunion receives at BC Law infuses their practice and $5,000+ Robert D. Tobin Richard M. Gelb Class Gift Total: $156,365 fuels their passion. Graduates leave this school E. J. Holland Jr. Joseph J. Triarsi John W. Giorgio 5-Year Total: $472,752 with a sense of purpose to provide justice for William A. Ryan David Patrick Twomey John J. Goger Class Participation: 43% all. We are trained to think critically, write Donald A. Graham $2,500+ Daniel J. Griffin $250,000+ concisely, and give a voice to those who remain Class of 1973 unheard. During the weekend, I felt great John P. Connor Richard G. Hamann Anonymous* Lynn Komroff Pearle 45th Reunion Terrance J. Hamilton strength in the camaraderie of the Law School. Joseph J. Triasari Class Gift Total: $328,416 Charles J. Hansen $25,000+ I will, as I always have, carry this strength with David Patrick Twomey 5-Year Total: $737,147 Henry R. Hopper Stephen Wells Kidder me wherever I go. Class Participation: 29% Leonard C. Judith Ann Malone As you will see while you review the 2018 Additional Donors Jekanowski Kathleen M. McKenna Reunion Giving Report, I am not alone in my Robert G. Agnoli $250,000+ Thomas J. Kelley support of our community. Giving to BC Law Peter A. Ambrosini David T. Flanagan Brian M. Kingston $10,000+ ensures that students of this and future genera- Walter Angoff James M. Micali* Stephen M. Limon Anthony Michael tions will continue to receive a world class legal Thomas B. Benjamin Thalia Lingos-Huser Devito Hon. John A. Dooley $10,000+ William H. Lyons education. Leonard M. Frisoli George M. Kunath John V. Mahoney $5,000+ Thank you for your support. Evelyn G. Greenwald Dennis M. Meyers Edward J. J. W. Carney Jr. David F. Hannon Lawrence R. Sidman McCormack Michael Alan Hacker James A. Champy ’68 Hon. Elizabeth C. Alan J. McDonald MEMBER, CLASS OF 1968 REUNION LaStaiti $5,000+ Alexander M. McNeil $2,500+ COMMITTEE; MEMBER, John S. Leonard Alan I. Saltman Michael B. Meyer Jill Nexon Berman DEAN’S ADVISORY BOARD David J. Levenson Elaine M. Moriarty Paul V. Galvani Joseph MacDougall $2,500+ Samuel Mostkoff Valerie Hoffman Paul R. Maher David E. Krischer John A. Murphy Patrick Thomas Jones Hon. Lawrence E. Andrew R. Kosloff John B. Murphy Gary Stewart Rattet McCormick Neal C. Tully (deceased) William J. Newman Jovi Tenev
52 BC LAW MAGAZINE Winter 2019 * Includes a bequest intention Class of 2003
Additional Donors Mary McCabe Douglas L. Wisner Helene W. Haddad Gregory T. Limoncelli $5,000+ Jaime Aponte-Parsi Marilyn McConaghy Laurel Yancey Mark E. Haddad Charles Llewellyn Brian Berube Kenneth Arbeeny William John Midon James Yukevich Sharon Sorokin James Celeste V. Lopes Kevin J. Curtin Gilbert Badillo Edwin Milan Janice Carney Moore Cay C. Massouda James P. Hawkins Angela M. Bohmann James E. O’Donnell Robert J. Moore Kathleen A. McGuire Mary Patricia Hawkins Willie Brown Maura O’Connell- Class of 1983 Robert L. Peabody Jonathan E. Moskin Mark Thomas Power Diane M. Cecero O’Donnell 35th Reunion Robert B. Muh Sheila Connors LeDuc Mary Orfanello Class Gift Total: $260,538 Additional Donors Denise T. Nagata $2,500+ John D. Delahanty Richard Paul 5-Year Total: $708,949 William R. Baldiga Christopher Osborne Grant Levy James Dinatale Lawrence Podolski Class Participation: 28% Paul M. Bangser Anne Peters Leuan Gael Mahony Edmund DiSanto Richard Elliott Powers Ellen Gershon Banov Mitchell P. Portnoy Sally A. Walker Eileen Bertsch Donahue Therese Devito Pritchard $100,000+ Arthur Bernard Michael G. Proctor Timothy Donahue Robert Quinn Albert A. Notini Dennis M. Bottone David A. Rozenson Additional Donors Thomas Drechsler Alan Reisch Jody Pullen Williams* Susan Vogt Brown Mal Andrew Salvadore David Acevedo Frederick M. Enman David Rice Thomas Buonocore Beatriz M. Schinness Claire Gallagan Mercedes S. Evans Mitchell Elliot Rudin $25,000+ Patricia Byrd Stephen J. Seleman Andrews Scott Feinstein Thomas M. Saunders Mary R. Jeka Ronaldo G. Cheek Mark D. Seltzer David Yorke Bannard Peter G. Flynn Robert J. Schiller Michael Collins Leslie A. Shimer Catherine Lashar Maureen L. Fox Sylvia Brandel $10,000+ Stephen R. Dinsmore Kurt F. Somerville Baumann Steven A. Gabovitch Schoenbaum Karen G. DelPonte Janice M. Duffy Barbara Anne Sousa Stephen Bernstein Samuel Galbo R. Brian Snow Stephen V. Gimigliano Holly English Ruth Soybel Christopher G. Betke Mary Sandler Haskell Robert Steeg Mark V. Nuccio Warren Ernst Douglas G. Verge Thomas L. Brayton Lawrence P. Heffernan Trudy Burns Stone David J. Feldman Gary Walker Daniel R. Burke Lee Herman Albert Tierney $5,000+ Steven K. Forjohn Kenju Watanabe Laura Mary Cannon Mary Jo Hollender Scott Tucker Laurence J. Bird Doris J. Gallegos Nancy Watson Peter Carney Patrick Jones William Robert Michael F. Coyne Frederic Delano Grant Daniel B. Winslow Gerard A. Caron Gordon Katz Underhill Deb Goldberg Randall G. Hesser Jennie Leigh Cherry Linda Katz Charles Walker Donal J. Orr Joan Ho Andrew Lewis Dasilva Cameron F. Kerry Pamela Lilly Sunjlee D. Pegram Corinne P. Kevorkian Class of 1988 Joseph Anthony Carol Rudnick Kirchick Washington Michael F. Kilkelly 30th Reunion DiBrigida Debra Lay Renkens Susan Webman $2,500+ Susan K. T. Kilkelly Class Gift Total: $65,742 Christopher Dillon David Curtis Lucal Joyce A. Wheeler Stephen J. Brake Leslie Emi Kobayashi 5-Year Total: $200,122 Susan Frances Donahue Tim Mahoney Randi Wise Pamela Downing Brake Suzanne LaCampagne Class Participation: 29% Michael Barry Dworman
Photograph by CAITLIN CUNNINGHAM Winter 2019 BC LAW MAGAZINE 53 The 2018 Reunion Giving Report
Class of 1998 Class of 2003 Elizabeth Russell $2,500+ $10,000+ Eleanor L. Wilkinson Freeman Joanne Karchmer 20th Reunion 15th Reunion Adam M. Baker Emma C. Winger Royal C. Gardner Class Gift Total: $43,445 Class Gift Total: $39,858 Kyle R. Robertson Xin Yang Michael Emmett Garrity Additional Donors Class Participation: 20% Class Participation: 17% Anthony H. Gemma John N. Affuso $5,000+ Class of 2013 Zeb Gleason Bradford Babbitt $10,000+ $10,000+ Colm P. Ryan John Arthur Gordon Mary E. Basile Chopas Kristin J. Mathews Carla A. Salvucci Leslie M. Schmidt 5th Reunion Deborah E. Gray Laura Scanlan Beliveau Class Gift Total: $9,739 Paul Ross Greenberg Brigida Benitez $5,000+ $5,000+ $2,500+ Class Participation: 21% Lori Ellen Grifa Darren Binder Peter A. Egan Bryan C. Connolly Simon B. Burce Carole Casey Harris Clare F. Carroll Rafael Klotz $2,500+ Quinn Joseph Hebert Michael J. Cayer $2,500+ Additional Donors Mackenzie Mango Michael Albert Hickey Denise A. Chicoine $2,500+ Joseph M. Donohue George W. Adams Queenin Mary Jo Johnson Kristin L. Cihak Vonzell S. Brown Aloknanda B. O’Leary Christina Q. Bouchot Jeffrey Lewis Jonas Diane K. Danielson Christopher Jaap Sherry Ortiz Gregory Burnett Additional Donors John Edward Jones Jennifer Dowd Deakin Pablo M. Koziner Lee Shenker Kuang Hua Chiang Nikolas T. Abel Theresa A. Kelly Scott M. DeTraglia Mary E. Cloues Arielle Sepulveda Adler J. Thomas Kerner John A. Dolan Additional Donors Additional Donors John P. Condon Vanessa A. Arslanian Susan Marie Kincaid Michael Donovan Beth L. Aarons Elizabeth M. Adamo Julie A. Dahlstrom Nathan Bress Robyn Kaufman Laukien Elizabeth H. Dow Connie Y. Barton Melissa C. Allison Jill A. DiGiovanni Justin L. Brogden Mark B. Lavoie Alicia L. Downey Michael Benedek Laura B. Angelini Bhavini A. Doshi Emily Hannigan Bryan Mark A. Longietti Stacey J. Drubner Karen Barry Carter Greta LaMountain Courtney P. Fain Shawn N. Butte Joanne McIntyre Mengel Susan Ashe Dudley Steven Chernoff Biagi Ellen E. Farwell Biyun Cao Pete Stuart Michaels John B. Ellis David B. Colleran Sara P. Bryant Bianca Forde Claire Carrabba Johnnel Lee Nakamura Jason A. Farber Gary J. Creem Jennifer Cardello Karen Antos French Alison Casey Reese Rikio Nakamura Rosario I. Ferrero- Jennifer Mina DeTeso Erin Clough Joshua E. French Julia L. Chen Michael A. Perino Carr Jennifer A. Drohan David E. Cole William W. Gerber Steven S. Chen Lisa Strempek Pierce Robert H. Finney Nora E. Field Lisa S. Core Kristin A. Gerber Timothy P. Connell Miriam Rita Popp Timothy A. Gagnon Aimee Gallego-Cochran Karen L. Crocker Sarah H. Gottlieb Michael M. Coutu Linda B. Port Peter J. Gannon Lisa D. Gladke Patrick J. Cronin Catalina M. Gutierrez James S. D’Ambra William H. Quiros Laurie Gelb-Glicklich Valerie H. Goldstein Kimberly E. Dean Rebecca A. Haciski Elizabeth B. Drake Joyce Elizabeth Rawlings James Greenberg Shannon L. Gottesman Kara M. Deltufo Matthew B. Harvey Robert D. Giannattasio Lois Blum Reitzas Gerald L. Harmon Gary J. Guzzi Peter F. Durning Evan C. Holden Thomas J. Giblin Loretta Rhodes Richard Shannon Shay Hayden Vanessa Magnanini Guzzi Lauren E. Dwyer Michelle E. Kanter Caitlin Glynn Lesley Woodberry Andrew J. Hayden Michael C. Hackett Beth A. FitzPatrick Katherine Bartlett Kimball Jamie R. Hacker Robinson William V. Hoch Renee E. Hackett Daniel K. Gelb Ryan Knutson Faith A. Hill Mark Constantine Craig A. Kelley David Hadas Joseph Gentile Sarah A. Kogel-Smucker Diana Cuff Holodnak Rouvalis Edward Kelly Colleen A. Hankins Michael A. Goldberg Toni-Ann Kruse Laura G. Kaplan Kimberly A. Rozak James P. Kerr Kari K. Harris Anne M. Grignon Joseph R. Lamy Melissa Dess Kirby John George Rusk David Krumsiek Kelly Lane Hiller Nancy E. Hart Michael R. Laskin Dana Kumar Norma I. Sanchez- Richard D. Lara Peter V. Hogan Claire H. Holland Edward B. Lefebvre William P. Lane Figueroa Emily J. Lawrence Pamela Smith Holleman Derek S. Holland Jessica H. Liou Eric W. Lee Edwin J. Seda Fernandez Marianne LeBlanc Elaine McConnell Mary P. Holper Rosa Loya Devon H. Macwilliam George William Brian P. Lenihan Hughes Matthew Hughey Joseph P. Lucia Alex Mancebo Skogstrom Rita Lu Barbara T. Kaban Ann Marie James Katherine S. Monge Christina S. Marshall Christine M. Smith Thomas F. Maloney Sean Mahoney Nicole S. Kadomiya Adam N. Mueller Sara Mattern Antonia Torres-Ramos Peter Mancusi Siobhan E. Mee Jaime T. Kim Michael T. Mullaly Mathilda S. McGee-Tubb Robert M. Unterberger Rodolfo Mata Jennifer A. Mencken Kyle A. Loring Rafael D. Munoz Jihan M. Merlin Michael John Wall Mary Ellen McDonough Kathleen Murphy Charles A. McCullough Diana O. Olanipekun Paul D. Momnie Kathleen E. Woodward James C. McGrath Justin M. Nesbit Jaime N. Morris Christopher O’Leary Eliza T. Murray Andres L. Navarrete Jennifer L. Nye Justin O’Brien Nathan C. Pagett Francis D. Murray Sharon Nelles Thomas O’Leary Bernard D. Posner Sean T. Phelan Elizabeth E. Olien Class of 1993 Mark Owen Kathleen Welch Orejuela Keri E. Riemer Matthew Rasmussen Michael Palmisciano 25th Reunion Kenneth J. Samuel Kevin E. Pearson Emily Samansky Arivee Rozier-Byrd Matthew H. Peterson Class Gift Total: $71,840 Donald J. Savery Christopher D. Perry Kenneth Sanchez Joseph Russell Juliette K. Quinn 5-Year Total: $155,925 Mark C. Schueppert Kevin Reiner Renee Marinez Meaghan L. Sanders Andrew H. Rice Class Participation: 23% Jeffrey S. Simon Meredith A. Rosenthal Sophocles Debbie Satyal Sonia R. Russo Sean E. Spillane Andrew J. Simons Sophocles M. Sophocles Therese A. Scheuer Anastasia Semel $10,000+ Elizabeth Z. Stavisky Leslie Fay Wen Su Anaysa Gallardo Scott K. Semple Gregory L. Silverman Carol Jeanne D’Alessandro Elizabeth A. Talia Lara Corey Thyagarajan Stutzman Michael V. Silvestro Susannah Sipe Robert Frank D’Alessandro Nicholas Targ Vasiliki L. Tripodis Joseph C. Theis Adam C. Supple Russell Smith Christine Conley Joshua Thayer David R. Tucker Rory D. Zamansky Allison C. Trunk Nicholas J. Stabile Palladino Christopher W. Thome Tara A. Twomey William J. Trunk Allison M. Stoddart Frederick Tucher John Varella Emily E. Twiss Shannon Hickey Sullivan Class of 2008 $5,000+ Dana L. Tully Amanda Buck Varella Chandler H. Udo Franklin A. Triffletti Mark Thomas Benedict Debra S. Wekstein Douglas A. Wolfson 10th Reunion Steven B. Van Dyke Rion M. Vaughan Stephen Browning Ward R. Welles Mi-Rang Yoon Class Gift Total: $56,186 Kevin M. Walker Lucy Walker Christine A. DeGrappo Kathleen M. White Aram J. Zadow Class Participation: 22% Michael Watson Laura Stoffel Will
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ity and determining if they were made under duress or against public policy. In common law jurisdictions, the judiciary and state legislators are generally unwilling to interfere with agreements made between two parties oc- cupying relatively equal bargaining positions. Settlement agreements in sexual abuse cases, how- ever, are different, as sexual harassment itself is an abuse of power. Furthermore, although public policy recognizes some legitimate interests in keeping certain information, like trade secrets, confidential, there is no comparable public policy interest in concealing information about sexual abuse. This is further compounded by the fact that in egregious cases like that of Weinstein, the harassment is often coupled with criminal conduct such as assault, false imprisonment, rape, and battery. Public policy encourages reporting of such crimes, and contractual provisions that suppress information about such conduct undermine this policy. Second, our state legislatures, instead of passing laws that would prohibit such agreements in cases of sexual abuse, should follow the leads of Florida and California in passing anti-secrecy laws. Florida’s Sunshine Act voids, as a matter of public policy, any agreement, includ- ing a private settlement agreement, that hides a “public hazard.” Arguably, egregious cases of sexual abuse, like that of Weinstein, can be characterized as a public risk and a safety hazard. Furthermore, California’s Felony Sex law provides disciplinary consequences for attorneys who draft agree- ments that conceal a felony sex offense. When dealing Silencing the Victim with secret settlements in cases of sexual abuse, attorneys Time to rethink non-disclosure contracts. BY VASUNDHARA PRASAD ’19 are required to choose between two competing ethical ob- ligations: the duty to their client, and the duty to the public The emergence of the #MeToo movement in the aftermath of the at large. But, they should not have to make this choice. scandals surrounding movie mogul Harvey Weinstein and television Anti-secrecy laws can be drafted in a way that is wholly personalities Roger Ailes and Bill O’Reilly has led to a rise in public consistent with the existing ethical obligations of lawyers. scrutiny over the widespread use of non-disclosure agreements in The #MeToo movement has made it clear that silenc- ing victims’ speech means that sexual violence will never settlements. These agreements can be incredibly pernicious contracts be settled. This is a moment of reckoning for us as a so- when they are used to silence sexual abuse. Allowing victims to speak ciety, and we need to capitalize on this moment to show out is a necessary form of prevention because it exposes the pattern of victims that they are not alone, and that the legal system abuse, warns those who might become victims, and encourages others works to protect them and other potential victims down similarly situated to come forward with their own claims. the line, should they choose to speak out.
In response to the movement, a few Instead, we must look to alternative Vasundhara Prasad is the Editor in Chief of the Boston states proposed legislation to prevent the solutions that create accountability for College Law Review. Her Note, “If Anyone Is Listening, enforcement of non-disclosure agree- abusers and their lawyers, while respect- #MeToo: Breaking the Culture of Silence Around Sexual ments involving a claim of sexual abuse. ing victims’ preferences. Abuse Through Regulating Non-Disclosure Agreements Given that these agreements can be First, courts should take on a height- and Secret Settlements,” 59 B.C. L. Rev. 2507 (2018), beneficial to both abusers and victims, a ened role in regulating these contracts https://lawdigitalcommons.bc.edu/bclr/vol59/iss7/8, was complete ban on them is not desirable. by scrutinizing them for unconscionabil- recently published in the Boston College Law Review.
56 BC LAW MAGAZINE Winter 2019 Illustration by THOMAS FUCHS “BC Law was a fantastic experience, and it put me on the right path. I made this gift to help someone else in life who couldn’t afford to attend on their own. I hope it makes their burden lighter.”
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