BC Law Magazine Summer 2016 Boston College Law School

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Boston College Law School Magazine

Summer 7-1-2016 BC Law Magazine Summer 2016 Boston College Law School

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Recommended Citation Boston College Law School, "BC Law Magazine Summer 2016" (2016). Boston College Law School Magazine. 48. http://lawdigitalcommons.bc.edu/bclsm/48

This Book is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Magazine by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. GREAT CASE It’s Criminal Making a Murderer Attorney Slams Ethical Breaches

PRISON REFORM BOSTON COLLEGE LAW SCHOOL MAGAZINE No Day SUMMER 2016 No Night, BC.EDU/BCLAWMAGAZINE Battling the Cruelty of Solitary

GIVING $64 Million Law School Surpasses Campaign Goal

LEGAL EAGLE DEBRA YANG ’85 Has Become Something of a Legend in Her Own Time. The First Female Asian American US Attorney in History, She Now Attracts Clients Like Uber and DraftKings to Her Los Angeles Practice at Gibson, Dunn & Crutcher. BC Law Magazine

SOLITARY CONFINEMENT

ZACHARY HEIDEN ’02, LEGAL DIRECTOR OF THE ACLU OF MAINE, IS WORKING TO FIND A MORE HUMANE WAY TO HANDLE PUNISHMENT IN PRISON. PAGE 36 20 Contents SUMMER 2016 VOLUME 24 / NUMBER 2

Features

24 The Choice Controversial, complicated lawsuits? Bring them on. 22 Clients like Uber, Draft- Kings, and New Jersey Governor Chris Christie have sought the counsel of Los Angeles attorney Debra Yang ’85, whose legal savvy earned her 2016’s Top White Collar Lawyer in the Nation award. By Katharine Whittemore 14

30 The Two Sides of Truth Walt Kelly’s efforts to win a $36 million wrongful 30 conviction settlement for the man at the center of the Making a Murderer saga exposed egregious actions by law enforcement. By Chad Konecky Foremost 12 Candid Mousa Mosawy ’18. Esquire 2 In Limine From the Editor. 42 Generations 14 In the Field Katherin Nukk- Two generations of the 36 3 Correspondence Freeman ’93 and Suzanne Jones family. There Was No Night, Letters and contributors. Cerra ’93; Bob Raskopf ’76. No Day, Nothing 43 Class Notes to Mark the Time 4 Behind the Columns 16 Impact A prison within a prison, In a world besotted with the Mary Bilder’s findings may 48 Alumni News solitary confinement has new, it won’t pay to forget alter understanding of the reached epidemic propor- law’s humanitarian role. US Constitution. 52 Click Law Day and tions in America. How the By Dean Vincent Rougeau Commencement 2016. work of Zachary Heiden ’02 18 Brainstorm Dean Vincent is helping to reverse that Rougeau and business 54 Light the World trend. By Jeri Zeder Docket leader James M. Micali ’73. A campaign to remember. 6 In Brief Cathleen Kaveny’s books; how BC Law fared 20 Faculty Scholarship 56 The 2015 Reunion From top, Professor George Brown; in 2016 rankings; campus When George Brown writes Giving Report Walt Kelly ’68; scholarship that speaks volumes; Katherin Nukk-Freeman ’93 and news and events. about corruption, even Su- Suzanne Cerra ’93. preme Court justices listen. 60 In Closing 10 Policy Panelists propose Law enforcement On the Cover Debra Yang ’85; novel solutions for the 22 Evidence BC Law faculty go powers threaten liberties.

FROM TOP, ADAM DETOUR; ADAM RYAN MORRIS, DAVIDE BONAZZI, CONOR DOHERTY BONAZZI, CONOR DAVIDE MORRIS, RYAN ADAM DETOUR; ADAM TOP, FROM Photograph by Mark Leibowitz Boston of the future. where research takes them. By Kari Hong

Photograph, opposite page, by JESSICA WEISER Summer 2016 BC LAW MAGAZINE 1 IN LIMINE Foremost

Integrity: Law’s Most when the demand for and nature of legal work as a US Attorney (she faced down the mam- is rapidly shape-shifting. moth Crédit Lyonnais for fraud), a state judge, Potent Credential Enter the idea of integrity, and the picture and now a top big-firm lawyer with clients crystallizes. like Uber and DraftKings. “A law school teaches you integrity,” At BC Law School, mottos like “doing good Walt Kelly ’68 was thrust into the limelight in said businessman James Micali for others” are not empty phrases; they are Netflix’sMaking a Murderer for handling a civil ’73 in a recent interview with Dean foundational attitudes that launch graduates suit between the two criminal trials of a man Vincent Rougeau. Their conversation had into the upper echelons of the profession as named Steven Avery (page 30). Kelly’s thought- turned to the value of a law degree. Micali’s measured by a principled life. Such values are ful perspective on the corrupted legal process statement abruptly pinpointed what’s often not counted in dollars; they are calculated in exposed by Avery’s exoneration in the first case been missing in the debate over whether a deeds. And they are manifest in the tireless and the bad taste it left after his conviction in the legal education is worthwhile in a period efforts of alumni toiling in big law firms and second, he learned from Dean Robert Drinan, small, in major corporations and modest non- SJ. Father Drinan had a lot to do with setting profits, in the White House and in town halls. Kelly on his career course. “There was a sense Lessons in integrity begin with faculty. in the air…that human rights and civil rights get Professor George Brown (page 20) has been a priority,” Kelly said. “A sense that as much as one of the foundation-builders, fighting lawyers are devoted in so many fields of their corruption and seeking legal remedies for work, doing this work is particularly important.” forty-five years through his scholarship and Zachary Heiden ’02 gets the last word. He teaching. He has loosed into the marketplace has spent more than a decade at the Ameri- hundreds of men and women who understand can Civil Liberties Union of Maine (page 36). right and wrong and the nuances in between. Solitary confinement reform has become his Citing professors James Houghteling and primary cause. It is, he said, “going to be some- Cynthia Lichtenstein as similarly influential, thing that I work on for the rest of my career.”

Debra Yang ’85 has built her career by doing VICKI SANDERS, Editor what’s right (page 24). It has served her well [email protected]

CONNECT

Don’t forget to update your informa- place. The BC Law Alumni Portal Participating firms and volunteer SUPPORT/GIVE Law School Fund Gifts to BC Law’s tion so the Law School and other gives you access to BC LawNet, the representatives provide perspective annual fund provide immediate alumni can reach you. Contact us at website where you can look up alumni on the changing legal industry, men- Light the World Campaign BC Law financial support for many of the Law [email protected], call 617-552- in an online directory, take advantage tor and recruit students, and partner concluded its most ambitious and School’s most important needs. It has 4378, or visit www.bc.edu/lawalumni. of career resources, register for events, with the Office of Advancement to successful campaign, raising $64 million been used to fund financial aid for submit class notes, update your contact strengthen the alumni community. to support Law School priorities, notably students, loan repayment assistance information, and maintain an @bc.edu Contact Amanda Angel, director endowed professorships, scholarships, for alumni in public interest positions, forwarding address. Register now at of annual giving, at amanda.angel@ loan repayment assistance, faculty and faculty research grants. Contact ALUMNI RESOURCES www.bc.edu/lawnet. bc.edu or 617-552-8696. research, and Law School centers of Amanda Angel, director of annual excellence. Please see pages 54-55 for giving, at [email protected] or BC Law Magazine BC Law’s alumni Mentoring Program The 1L Mentor details about the impact of this effort. 617-552-8696. magazine is published twice a year, in Program matches first-year students For more information, contact Jessica January and June. To request a copy of VOLUNTEER with alumni volunteers in the city where Cashdan, executive director of advance- Dean’s Council Giving Societies the latest printed edition or share news they want to practice and in the prac- ment and associate dean, at jessica. Members receive invitations to special items, press releases, letters to the edi- Reunion Committee The most tice area they are considering. Mentors cashdan@ bc.edu or call 617-552-3536. receptions and events as well as enjoy tor, class notes, or photos, contact editor successful reunion celebrations are serve as informal advisors between stu- membership in comparable University- Vicki Sanders at [email protected] those that have engaged volunteers dents’ first- and second-year summers. Named Scholarships A number of wide giving societies. The Dean’s or call 617-552-2873. on our Reunion Committees. Com- Contact Christine Kelly ’97, director of scholars are selected each academic Council recognizes leadership gifts in mittees are formed the year before alumni relations, at christine.kelly.3@ year based on their demonstrated societies based on giving levels starting Alumni Chapters Chapters of the the reunion weekend, and participants bc.edu or call 617- 552-4703. leadership, financial need, academic at $2,500. Contact Amanda Angel, Alumni Association meet in locations can contribute as little as two hours excellence, or public service achieve- director of annual giving, at amanda. around the country and beyond to per month. Contact Amanda Angel, Judging Oral Advocacy Competi- ments, in accordance with donors’ [email protected] or call 617-552-8696. socialize, network, and share memories. director of annual giving, at amanda. tions Students participate in four preferences. The Dean’s Scholars To start a chapter, organize an event, or [email protected] or 617-552-8696. in-house competitions: Negotiations Program, established in 2013, awards Alumni Association Dues Program reach fellow alumni, contact Christine (early autumn), Mock Trial (late au- full-tuition merit scholarships to Dues exclusively fund activities and Kelly ’97, director of alumni relations, at Ambassadors Program The tumn), Client Counseling (late winter), exceptionally promising students. events for alumni. Support the dues pro- [email protected] or 617-552-4703. Ambassadors Program promotes and Moot Court (spring). Alumni are Contact Jessica Cashdan, executive gram by visiting www.bc.edu/lawdues engagement with and giving to BC needed to judge these competitions. director of advancement and associ- or contact Christine Kelly ’97, director Online Community Alumni services Law among alumni at law firms with Contact Rosemary Daly at rosemary. ate dean, at [email protected] of alumni relations, at christine.kelly.3@ are brought together in one convenient a large BC Law alumni presence. [email protected] or 617-552-0536. or call 617-552-3536. bc.edu or 617-552-4703.

2 BC LAW MAGAZINE Summer 2016 Editor photograph by ADAM DETOUR CORRESPONDENCE

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SUMMER 2016 Merit, had upon Harvard, which bowed Updates VOLUME 24 / NUMBER 2 to student pressure to change the law Several alumni whose faces will be DEAN school’s seal because of its connection to familiar to readers from recent articles in Vincent Rougeau slave-owner and school benefactor Isaac BC Law Magazine have been recognized

EDITOR Royall. But the reverberations didn’t anew for their achievements. Leon Vicki Sanders stop there. The book stirred considerable Rodriquez ’88, director of US Citizen- [email protected] interest in the press and has made Coquil- ship and Immigration Services; Marilyn

CREATIVE DIRECTOR Slavery’s Taint lette a popular speaker on the topic. Most Mosby ’05, Baltimore State’s Attorney; Robert F. Parsons I happened to read the winter BC Law recently, he spoke at the Massachusetts Aaron von Staats ’91, general counsel of SEVEN ELM Magazine and was fascinated by David Historical Society, where he examined PTC technology company; and Michael sevenelm.com Reich’s article, “A Pro-Slavery Bias the school’s deep involvement in the Civil Mone Jr. ’96 of Esdaile, Barrett, Jacobs CONTRIBUTING EDITOR Revealed,” on Dan Coquillette and the War, its reluctance to admit minorities & Mone were among those honored at Deborah J. Wakefield Harvard Law School seal being tainted by and women, its anti-Catholicism, and Law Day (page 52). Two others won top the Royalls and slavery. its financial missteps at the turn of the humanitarian awards at Kennedy Library CONTRIBUTING WRITERS twentieth century. He also related that ceremonies. Connecticut Governor Dan- James Barasch ’18 David E. Grossman Andrea Clavijo ’16 Boston MA history to recent challenges faced by the nel Malloy ’80 took home the 2016 John Kari Hong school, including questions of the relation F. Kennedy Profile in Courage Award, Chad Konecky Editor’s Note: See page 6 of this issue for of its seal to a fortune made on the backs and Francine Sherman ’80 received the Margie Palladino ’85 a follow-up on the impact that Professor of slaves, and traced a larger connection Robert F. Kennedy Embracing the Legacy Peter Perl Coquillette’s book, On the Battlefield of to recent events concerning racial history. Award (page 17). David Reich Maura King Scully Jane Whitehead Katharine Whittemore CONTRIBUTORS Jeri Zeder

CONTRIBUTING ARTISTS Davide Bonazzi Webb Chappell Joe Ciardiello Joshua Corbett Caitlin Cunningham Adam DeTour Conor Doherty Arthur E. Giron Mark Leibowitz Adam Ryan Morris Alison Seiffer Christopher Soldt, MTS, BC Jessica Weiser Katharine Whittemore Joshua Corbett Arthur E. Giron Jessica Weiser Stephen Voss WRITER Whittemore has written PHOTOGRAPHER Corbett was born ILLUSTRATOR Giron is a California- PHOTOGRAPHER Weiser is a Maine- for the New York Times, Atlantic, in Alaska and raised in the snowy based artist/illustrator with sixteen based photographer who shoots PRINTING Smithsonian, Salon.com, and more. Chugach Mountains. He enjoys years of experience working with for a variety of commercial and Lane Press She was the features editor at onesie snow suits, political intrigue, a variety of publications. Ironically, editorial clients. They include Boston College Law School of Wondertime magazine, and began and good coffee. He has an MA he is colorblind but manages a Cobb Hill by Rockport, Keds, Cos- Newton, Massachusetts 02459-1163, her career at New England Monthly in International Relations and has limited palette to complement mopolitan, Northshore Magazine, publishes BC Law Magazine two magazine. She writes a book re- lived and worked in the Philippines, his unique style and conceptual Maine Home and Design, Natural times a year: in January and June. BC Law Magazine is printed by view column for the Globe, where Mexico, Italy, United Kingdom, illustrations. About his illustra- Health, and Fitness. Her fascina- Lane Press in Burlington, VT. We she’s covered non-fiction on every- and Afghanistan. Clients include tion for the solitary confinement tion with photography began when welcome readers’ comments. Contact thing from the Beatles to fracking the New York Times, Newsweek, story, “There Was No Day, No she was nine; she would take her us by phone at 617-552-2873; by to Shakespeare to refugees. In and Deutche-Press Agentur. Of Night, Nothing to Mark the Time,” parents’ film camera and force her mail at Boston College Law School Magazine, 885 Centre Street, reporting this issue’s cover story, his assignment to photograph Sam on page 36, he says: “My initial siblings to model for her. “From Newton, MA 02459-1163; or by email she was told that Debra Yang was Gottstein ’15 for a piece on clerk- concept was that of the viewer the start, it was always people I was at [email protected]. Copyright earthy and razor-sharp. Whitte- ships (page 52), he says: “I knew peering in but then the idea of an interested in capturing—expres- © 2016, Boston College Law School. All publication rights reserved. more agrees: “Our interview swam Sam from volunteer work he does, internal struggle became more sion, emotion, and movement,” with such contrasts. One minute so I was excited. When we spoke of the focus. I’d honestly never she says. “My work is story and Opinions expressed in BC Law she’d describe the pressure of about locations, I knew we had a given solitary confinement a lot mood driven.” The evidence? Her Magazine do not necessarily reflect the views of Boston College Law fighting potential terrorism in LA winner with the Nesbett Court- of thought before. Then I realized portrait of Zachary Heiden ’02 for School or Boston College. after 9/11. The next, she’d laugh house in Anchorage. The totem that this was about someone being the solitary confinement article about a conversation with her poles bearing the blue with yellow in a prison within a prison and that (page 36). In addition to photog- hairdresser about their respective stars of the Alaskan flag standing became key to the illustration.” raphy, she loves traveling, interior childhood Christmas pageants: at the entrance are a great nod His clients include Rolling Stone, design, antique stores, long drives Yes, Debra got to play Mary and, to Alaska while keeping the visual Entertainment Weekly, Smithson- blasting loud music, the ocean and yes, she’s full of grace.” focus on Sam’s clerkships.” ian, Time, and Mother Jones. desert, and her four cats.

Summer 2016 BC LAW MAGAZINE 3 BEHIND THE COLUMNS Foremost “Science, technology, and their associated businesses surely will transform the world, but not by rendering the humanities and social sciences irrelevant.” Dean Vincent Rougeau

such as income inequality, the ethics of biology, and climate change are fundamentally human ones, not tech- nological. Boston College therefore should and must find a way to apply its traditional strengths in this new world. Business leaders I meet around the country routinely tell me how interested they are in hiring employees with strong liberal arts backgrounds. They do need workers with some exposure to basic business and science. But these leaders believe that the best employees bring value not because they have narrow technical knowledge, but because they have educations that make them broadly literate, excellent writers, and creative thinkers. We have long known that this type of education is the ideal foundation for law school. Indeed, business employers increasingly look to law schools not only to find staff for the general counsel’s office, but also for important roles across their organizations. BC Law is ideally positioned to create leaders in law and business by offering a unique bridge between the world of technology and science and the world of humanities and social sciences. One current example of a compelling engagement between law and the liberal arts at BC Law is the Rappaport Center for Law and Public Policy. It prepares law students for leadership roles in public policy through engagement with policy makers and thought leaders from around the region and the nation. Issues addressed by the center, such as student debt, urban plan- In Defense of the Liberal Arts ning, and transportation, by definition require multidis- In a world besotted with the new, it won’t pay to forget law’s humanitarian role. ciplinary engagement from a variety of fields beyond law, including history, economics, and political science. The BY DEAN VINCENT ROUGEAU Clough Center for the Study of Constitutional Democracy is another example of law as a convening point for impor- To see the future of BC Law, it makes sense to begin with a major tant interdisciplinary scholarly work and conversations. challenge that will confront Boston College as a university in the As a discipline, law is the method by which society en- coming decade. The university’s formidable reputation rests signifi- sures basic human rights and freedoms. Those rights and cantly in the humanities and social sciences. Nevertheless, humani- freedoms rest on ideas drawn from the humanities, and ties departments at universities around the country now struggle to law functions through political institutions best illumi- persuade students and their parents of the “value” of a liberal arts nated by the social sciences. Because business, technology, and science necessarily operate in a regulatory environ- education. We live in a time when those studying the humanities ment created and maintained by law, BC Law is and will be struggle for influence because science, technology, and business the place that trains the kind of professionals that a world understandably occupy the public’s imagination. ¶ This opposition preoccupied with business, science, and technology needs between the humanities and science and technology is, of course, most—men and women who can apply ideas from the lib- largely a false one. Science, technology, and their associated busi- eral arts to humanize the market and ensure that technol- nesses surely will transform the world, but not by rendering the ogy serves people rather than the other way around. As we look to the future, I see this multidisiciplinary humanities and social sciences irrelevant. On the contrary, science, engagement as increasingly central to the vibrancy of technology, and business can improve the lives of people only if soci- academic life at Boston College, and BC Law will be at ety applies insight from the humanities and social sciences. Puzzles the forefront of this work.

4 BC LAW MAGAZINE Summer 2016 Photograph by SUZI CAMARATA Campus News and Events of Note

IN BRIEF 6 POLICY 10 CANDID 12 IN THE FIELD 14 IMPACT 16 BRAINSTORM 18 FACULTY SCHOLARSHIP 20 EVIDENCE 22

TRAINING DAY

LAW PARTNERS TURNED ENTREPRENEURS SUZANNE CERRA ’93 AND KATHERIN NUKK-FREEMAN ’93 HAVE LAUNCHED AN ONLINE BUSINESS TO HELP EMPLOYERS WITH HR COMPLIANCE. PAGE 14

Photograph by CONOR DOHERTY Summer 2016 BC LAW MAGAZINE 5 DOCKET In Brief “A jeremiad is not a rant. It’s more like a step-by-step legal indictment. You want to condemn the behavior— but without contempt. Because you ultimately want to bring that violator to reconciliation within the community.” Professor Cathleen Kaveny

have to stop before you get to the Jr. (to whom Prophecy Without Discourse that end of the runway.” Contempt is dedicated) on the In A Culture of Engagement, Ninth Circuit Court of Appeals. Unites Not Incites she engages in a broad range of And she was a health care lawyer Kaveny’s books offer a vision for a better world. issues, from both a judicial and at Ropes & Gray. BY KATHARINE WHITTEMORE theological perspective. These “I knew that if I wanted include the Hobby Lobby case, to teach law, I had to practice Like so many, Cathleen other special times, the Puritans which asked for a religious ex- law,” she says. “A great lawyer Kaveny thinks our cur- would gather to hear preachers emption from the contraception pursues questions around what a rent political climate issue jeremiads that blasted the mandate in the Affordable Care client needs, but I found I really is “almost hopelessly polarized.” people’s spiritual inadequacies. Act, or the Bush administration’s enjoyed pursuing questions for But we shouldn’t despair. It turns “It sounds funny to say, but the controversial “torture memo,” or their own sake.” out the way forward lies in turn- Puritans loved jeremiads,” says the ethics of assisted suicide. Readers can enjoy her next ing way back—about three thou- Kaveny. “Yet as the nation grew, Today, Kaveny teaches contract pursuit soon in Ethics at the Edges sand years back, actually, to the and became more pluralistic, the law to first-year law students, plus of Law: Christian Ethics and the scriptural rhetorical tool known terms of the covenant started to a number of seminars that tackle American Legal Tradition, forth- as the jeremiad. shift. The new covenant would be the relationship between law, coming from Oxford University In her latest book, Prophecy between the people and the Dec- philosophy, and theology, such as Press. All three of these recent Without Contempt: Religious laration of Independence, or the “Bioethics and the Law” and “Mer- books testify that “law is not a Discourse in the Public Square people and the Constitution.” cy and Justice.” But before she random set of commands or pro- (Harvard University Press), Kaveny holds that the modern became a law professor, Kaveny hibitions,” says Kaveny. “It’s about Kaveny plumbs the history of the gold standard for the jeremiad clerked for Judge John T. Noonan how we can live our life together.” jeremiad and shows why it should was Martin Luther King’s “I Have be revived today. Named after the a Dream” speech. “He was calling prophet Jeremiah, a jeremiad is a to account a nation in violation of Professor literary condemnation of a people the covenant that states ‘all men Cathleen Kaveny (in Jeremiah’s day, the Hebrews) are created equal,’” she says. “Dr. who’ve strayed from an agreed- King wasn’t saying ‘You bad white upon covenant with God. people did these bad things.’ He “A jeremiad is not a rant,” ex- didn’t want his political oppo- plains Kaveny, Darald and Juliet nents erased. He wanted them to Libby Professor of Law and The- see that their actions were hurting ology at Boston College. “It’s more the country, and thus themselves.” like a step-by-step legal indict- This year also brought the ment. You want to condemn the publication of another Kaveny behavior—but without contempt. book, A Culture of Engagement: Because you ultimately want to Law, Religion, and Morality bring that violator to reconcilia- (Georgetown University Press). tion within the community.” It’s a collection of fifty-six of her Kaveny, who is the cur- columns from Commonweal and rent president of the Society of they all, she says, “offer a vision of Christian Ethics, also traces how how the church should relate to the jeremiad has deep American the world.” Kaveny, who attended roots. “Our country was founded, Princeton undergrad, and Yale for in part, by Puritans who set up her JD and PhD, composes artful, a colony that was based on a jargon-free commentaries, with covenant with God,” explains this humor and grit. “Writing a col- Rhode Island native who came to umn is like landing a plane,” she’s BC from Notre Dame in 2014. On learned. “You have to reevaluate fasting days, election days, and each angle as you come in, and you

6 BC LAW MAGAZINE Summer 2016 Photograph by LEE PELLEGRINI who runs the Immigration Clinic, has made Doing Things deliberate efforts to spark these interactions the Law Firm Way for her students. In addition to encouraging Students work in real time at the Center for the cross-collaboration between JRAP and the Experiential Learning. BY ANDREA CLAVIJO ’16 Immigration Clinic, she invited a BC School of Social Work student to complete a yearlong Heather Perez ’17 knew exactly what she field placement with the clinic. wanted in a law school. She applied only to That student strengthened the law those with strong immigration law programs. students’ experience and success by provid- Much to her satisfaction, BC Law’s reputa- ing “an extra set of hands, eyes and ears, and tion for success in this practice area, she says, the perspective of someone not trained in “turned out to be true.” the law,” said Holper. “Having a social work Offended by the way immigrants are student helps law students approach very treated in this country, Perez enrolled in the difficult subject matters during client inter- Immigration Clinic her 2L year. The training views, broach the topic of traumatic experi- enabled her to argue at her client’s deportation ence, and assist in effective investigation and hearing—and win. The experience was the fact development.” result of a team effort. Perez worked with two The number of students enrolled in the classmates in the Immigration Clinic as well clinical programs speaks to their growing as a student in the Juvenile Rights Advocacy interest in centralized, hands-on legal work. Project (JRAP) to secure the fair hearing of a The Immigration Clinic this year took in ten

Law in London BC Law students in this year’s London young man in Texas who was scared to go back law students, an increase from previous years, Program participated in internships and a number of to his country. and welcomed alumna Beth Zilberman ’13 as enrichment activities under the direction of Professor The victory was just one in a string of suc- a clinic fellow. David Wirth. Shown here at the Palace of Westmin- ster/Houses of Parliament, from left: Wirth, Bader cesses BC’s immigration law program saw this Abu-Eid, Adithya Sudarshan, Tahirah Dean, Jennifer year, including several reasonable outcomes at Lichtman, Bradley “Joe” Lance, Zinnia Khan, Daniel bond hearings. The Immigration Clinic is one Hughes, (not pictured, Cara Fonseca). of eight clinics housed in the Center for Ex- periential Learning, which gathered all of BC BY THE NUMBERS Law’s clinical programs under one roof in the fall of 2014 to foster a law firm environment. 2016 RANKINGS EMPLOYMENT “Now, each of the clinics has access to the FOR CLASS resources of the firm,” said Brian Quinn, as- OF 2015* sociate dean of experiential learning. Included among those resources is the chance for, as he 2 puts it, “valuable spontaneous interactions” BC Law’s rank in PreLaw Magazine’s list of best among students within public interest schools 91.5 different practice areas. Professor Mary Holper Percentage overall encourages collaboration in employment, up from Professor Mary Holper, her Immigration Clinic. 90.1% in 2014 3 Boston’s rank in PreLaw Magazine’s list of best cities for young attorneys 85.4 AN EXHIBIT RICH IN RARITIES Percentage full-time, To honor the twentieth anniversary of the dedication long-term, bar passage of the Daniel R. Coquillette Rare Book Room, the required/JD advantage BC Law Library mounted a retrospective this past jobs, up from 83.88% in 2014 spring of exhibitions presented since 1996. The core 19 of the collection, with its focus on recreating the BC Law’s rank in National Jurist’s list of libraries of real working lawyers in America and Eng- schools that produce land, was donated over a span of years by Coquil- most Big Law partners lette, the J. Donald Monan, SJ, University Professor. 41 Other contributors include Kathryn “Kitty” Preyer, Placements in federal Michael H. Hoeflich, and Robert E. Brooker III. The clerkships or firms of Rare Book facility houses a collection of books by 100+ lawyers, exceed- ing the % for similarly and about Francis Bacon; a fanciful assemblage of 30 legal postcards; treasured works pertaining to St. BC Law rose 4 places in ranked schools. the US News and World Thomas More; and more. The exhibit was curated by

PHOTOGRAPHS, FROM LEFT, NATALIA BIZUNOK; CHRISTOPHER SOLDT BIZUNOK; CHRISTOPHER NATALIA LEFT, FROM PHOTOGRAPHS, Report rankings *Most recent figures available rare books curator Laurel Davis.

Summer 2016 BC LAW MAGAZINE 7 DOCKET In Brief 7 Boston Mayor Marty Walsh set a visionary tone for the “Imagine Boston 2030” conference on March 30. See story on page 12. A Heady Intellectual Mix Visiting dignitaries, inspiring speakers, and compelling issues contribute to a banner year of events.

1 BC Law was the site in April 3 When the Standing Com- of the annual two-day Patent mittee on Pro Bono Legal Conference, keynoted by Services of the SJC of Commissioner F. Scott Kieff Massachusetts came to (standing) of the International the Law School in February, Trade Commission. a lively discussion ensued on the history of pro bono service and current such projects at BC Law.

AROUND THE ACADEMY

Leon Rodriguez ’88 The US Citi- Miranda Perry Fleischer The Amartya Sen The Nobel Prize- Christopher Robertson Corrup- Bruce Ackerman A professor zenship and Immigration Services University of San Diego law winner keynoted “The Future tion in campaign financing was the at Yale Law School, Ackerman director, an early leader in BC Law’s professor presented “Not So Fast: of Economic and Social Rites” topic of the University of Arizona discussed “The Rise and Fall (?) Holocaust/Human Rights Research the Hidden Difficulties of Taxing conference in April sponsored by law professor’s paper, “Quid Pro of World Constitutionalism” in the Project, spoke at the group’s annual Wealth” at a Tax Policy Workshop the Clough Center for the Study of Quo Corruption,” presented at a Clough Distinguished Lecture in

lecture in January. in February. Constitutional Democracy. January faculty colloquium. Jurisprudence Series in April. BC MTS, SOLDT, AND CHRISTOPHER REBA SALDANHA PHOTOGRAPHS,

8 BC LAW MAGAZINE Summer 2016 A ROUND-UP

5 Making a Murderer attorneys Dean Strang (left) and OF EVEN MORE Walt Kelly ’68 captivated a BC Law audience with recollec- EVENTS tions of their roles in the blockbuster Netflix documentary Topics ranging from espionage (see page 30 for Kelly’s complete accounting). to self-censorship, water protection to exoneration were on this past semester’s busy calendar. Here’s a sample:

3 Spies Father Charles Gallagher of BC’s History Department gave a talk on Nazi and British espionage in Pre-World War II Boston in the context of American laws.

3 Fair Play The Inaugural Sports Law Symposium explored legal nuances of the sports industry and the skills that lawyers bring to the business.

3 Good Advice Speakers from the operational, legal, and investment sides of young businesses com- prised a “Start-up Panel” hosted by the Emerging Enterprises and Business Law Program.

3 H20 Commander David O’Connell, who enforces environmental law for the US Coast Guard, talked about prosecuting polluters under the Clean Water Act. 1 Professor David Olson shared concerns about the impact of emerging technologies on the 3 Good Sport Former professional insurance industry at the ACCEC symposium baseball player Randy Newsom ’12 “The New Face of Insurance Litigation.” gave this year’s annual Bob Barry talk on sports and entertainment law.

3 Head to Head Professor Kent Greenfield engaged in a spirited debate on free speech and self-censorship with Harvey A. Silverglate, US District Court Judge 1 cofounder of the Foundation for George O’Toole, who presided Individual Rights in Education. over the Dzhokhar Tsarnaev Professor Pat Marathon Bombing trial, talked 7 McCoy, left, Freed Victor Rosario returned to at length about the complexi- 3 and fellow pan- BC to speak to students about his ties of jury management during elists discussed exoneration after thirty-two years a high profile case. He spoke at debt packaging in prison. With the help of Andrea a panel in April. at the “The Petersen ’85 and CPCS Innocence Consumer Program director Lisa Kavanaugh, Debt Tsunami” Rosario’s arson and murder case was conference. reopened and overturned.

AROUND THE ACADEMY

Sarah Raskin The Deputy César Cuauhtémoc Garcia Paul Watanabe The UMass Mary Beth Basile Chopas ’93 Morris Ratner The UC Hastings Secretary of the US Treasury gave Hernández ’07 The author of Boston authority on domestic and The scholar spoke at a February College of Law scholar presented the keynote address at a March Crimmigration Law took issue in his international policies joined a Fred Legal History Roundtable about at a visiting professor colloquium in Rappaport Center conference on February Immigration Law Society Korematsu Day panel sponsored how “justice” works during times of April on “Competition, Coopera- the student debt crisis. See page 10 talk with the conflation of criminal by APALSA to discuss the Japa- historic crisis and drew parallels to tion, and Conflicts in Twenty-First for the story. and immigration law. nese internment during WWII. recent events. Century Mass Tort Litigation.”

Summer 2016 BC LAW MAGAZINE 9 DOCKET Policy “We need technology to layer conversations...and help us figure out what we need to worry about 100 years from now.” Holly St. Clair, director of Enterprise Data Management for Massachusetts

STUDENT DEBT Finding the ‘Sweet conversations…and help us figure out what we need to REACHES CRITICAL worry about 100 years from now.” PROPORTIONS Spot’ in Digitization Data is the side-view mirror of government. It also helps us figure out where our blind spots are, said Dan- TREASURY SECRETARY Government officials look at the hows and whys. EXPRESSES ALARM. BY ANDREA CLAVIJO ’16 iel Koh, chief of staff to Boston Mayor Marty Walsh. “Because there’s only so much time and resources, Deputy Secretary During the “Governing in a Digital Age” symposium data helps us give more to people in places we can’t be of the US De- February 25, panelists discussed the ways in which at that moment. Data in a vacuum is meaningless. We partment of the Treasury Sarah data is helping government leaders become more need to not only think about how we scrutinize data but Raskin outlined effective, improve fiscal management, and create a we also need to put in context how we look at it.” the grave issues better place for people living in the Commonwealth When the government can measure data in this facing students and of Massachusetts and beyond. way, it has the ability to inform policy makers, legisla- the entire edifice of student financing “If we can combine technology and data to make tors, and leadership where and when government during her keynote address at the more fruitful dialogue, that’s a sweet spot we should needs to step in. March 18 conference, “Student Debt strive for,” said panelist Holly St. Clair, director of The panelists were careful to suggest that the use Crisis: Issues and Solutions.” Enterprise Data Management for Massachusetts. of technology would not replace the in-person conver- “This is a critical challenge that Data equalizes the playing field, in that it enables sations and experiences that have driven government affects every part of our economy. up to this point. According to Koh, there is a miscon- As tuition has increased, the ability members of differing communities to let numbers and to afford a high quality education analytics speak for their human experience. Describ- ception that it’s either or. “If you’re using data in the has decreased,” said Raskin. ing data as the “language of the 21st century govern- right way, you can do more. …It’s a mutually enhanc- “With tuition growing at rates ment,” St. Clair said that data helps start dialogue ing experience [for constituents and government].” far in excess of average earnings, from the same level by creating a foundation for Whereas one panel answered “why” we need data, the challenge of maintaining an another answered “how,” when representatives from affordable, accessible system of high understanding, a dialogue that is hard to fit into a 6 to quality higher education has mark- 8 p.m. town hall meeting. Morgan Lewis, the ACLU, Massachusetts Governor edly increased,” she said. “We make sophisticated asks of our citizens to en- Charlie Baker’s office and the Massachusetts Attorney So has the speed of debt-taking. gage with us,” she said. “We need technology to layer General’s office discussed public records reform. “Americans owe more than $1.2 trillion in federal student loans today, up from just over half a trillion at the end of 2007,” she explained. “Though it does not rival mortgage debt, the with affordability and ease of transportation, total outstanding student loan debt among others, were discussed at length. What’s a Mayor to Do? Plenty. All stressed the importance of being is now larger than either credit card involved in one’s community, whether or auto loan debt. Seven out of every Though the five Massachusetts mayors state attention to municipalities in a Com- through volunteer work or civic office, and ten college graduates take on debt to who visited BC Law in February agreed monwealth so centered on Boston and its revealed a commitment to public service finance their education.” that challenges differ with the different surrounding cities. in their communities before their mayoral Though the system supports broad communities they govern, they all agreed Others talked about the necessity for administrations. They emphasized the access for millions of students who that the office of mayor has grown in repu- them to look beyond the everyday mainte- importance of remaining in close contact are able to manage their debt, Raskin tation and importance in recent years, with nance and survival of their cities and have with their communities and the individuals expressed alarm that “approximately relative federal gridlock requiring a more a vision for the economic mobility and they served. 11.6 percent of the balances of federal active and hands-on role from municipal cultural vibrancy of their communities years “Everybody should run for office,” leaders. They arrived at the Law School in the future. The challenges of balancing said Rivera. “We get the government we student loans that have entered repay- bearing the message that everyone should increasing prosperity and housing prices deserve.” —JAMES BARASCH ’18 ment are in default, and in the direct become more involved in the political life loan portfolio, another 5.5 percent are of their hometowns. at least 91 days delinquent.” These The panel consisted of Boston Col- Lisa Wong, statistics do not “reflect a student loan lege graduates Joseph Curtatone of former mayor financing system that is fully meeting Somerville and Setti Warren of Newton, of Fitchburg, its mandate to advance the public as well as Dan Rivera of Lawrence and Jon and Setti Warren, mayor good,” which higher education offers. Mitchell, mayor of New Bedford. Serving of Newton Public and private players as moderator was Lisa Wong, former mayor of Fitchburg. They were at the Law need to “better align enforcement School at the invitation of the Rappaport and metrics for accountability with Center for Law and Public Policy. the goals of our student loan financ- New Bedford’s Mitchell, who guides ing system,” Raskin concluded. the south coast’s largest metropolitan com- —JAMES BARASCH ’18 munity, described the difficulty of drawing

10 BC LAW MAGAZINE Summer 2016 At left, clockwise from upper left, “Imagine Boston 2030” speakers included Neil McCullagh (seated, from left, Harriet Tregoning, Shirley Leung, and John Barros), Walter Hood, Mayor Marty Walsh, and Leung.

STUDENTS AWARDED SUMMER RAPPAPORT FELLOWSHIPS Three Boston College Law School students are among twelve area law school students to win prestigious summer internships in public service from the Rappaport Center for Law and Public Policy. The fellows program provides opportunities in public policy at the highest levels of state and local government in Massachusetts. The BC Law awardees are Stephanie Johnson ’18, Amar Patel ’18, and Rodline Louijeune ’17 (below, from left). Johnson and Patel, both first-year students, are working this summer at the Boston Redevelopment Authority and the City of Boston’s Office of Innovation and Technology, respectively. Louijeune, a second-year student, is interning at the State Treasurer’s Office. “This year’s 2016 Rappaport Fellows are an extraordinary group of law students who exude passion and commitment to bettering communities, the also lessen segregation, while at the same environment, education, access to justice, women’s The Boston time reducing the need for school busing, a rights, veterans, individuals with disabilities, and the program that currently costs the city $100 world,” said Rappaport Center Executive Director of Tomorrow million annually. Elisabeth J. Medvedow. “The Rappaport Fellowship In an era of low, regressive taxes, cost- affords them opportunities to gain hands-on experience in government, benefit from mentors, and learn Today conscious thinking such as this dominated how law and public policy are used to effect change Panelists propose novel solutions for the the evening. “Why build a levee or a dike for the social good.” city of the future. BY DAVID REICH when you can build a waterfront park for flood protection?” asked Harriet Tregoning, What will Boston be like in fifty who heads community planning and develop- years? Will there be enough hous- ment at the US Department of Housing and ing, an adequate transportation Urban Development. Tregoning also recom- system, racially desegregated neighborhoods, mended that the city rezone to allow empty a school system that serves all the children, nesters to add second units to their houses. employment that provides income equality, Not only would this reduce older residents’ THIS JUST IN and structures to support an aging population? isolation and provide an extra income These were among the issues on the stream, it would also increase rental housing table at the “Imagine Boston 2030” confer- stock—all at no cost to government. ence convened and cosponsored by the Law Walter Hood, who teaches landscape School’s Rappaport Center for Public Policy architecture at UC Berkeley, wondered aloud at the Robsham Theater on March 30. whether businesses could set up internships It’s been fifty years since the city under- for older public school students, adding a took a comprehensive planning process, and real-world component to their education this event was part of the effort to get as much while reducing the cost of teaching them. public input and buy-in as possible. It was key- Also in the area of education, Shirley noted by Mayor Marty Walsh and moderated Leung, business columnist for the Boston by WBUR-FM radio host Megna Chakrabarti. Globe, suggested that businesses underwrite Martin O’Malley, an early Democratic contender in Panelists explored inventive ways to pre-K schooling, which has lifelong education- the 2016 presidential race and the former governor of Maryland, has been named the Jerome Lyle Rappaport address the challenges to be met if Boston al and economic benefits. “It seems as if the Visiting Professor at BC Law. He is the first to hold the is to continue to thrive. The city’s economic business community has rallied around taxes, professorship since the Rappaport Center for Law and development chief, John Barros, said that against indexing the gas tax,” she observed, Public Policy moved to the Law School in 2015. The mayor of Baltimore from 1999 to 2007, O’Malley will investing in mixed-income housing will not no trace of irony in her voice or expression. assume his post for the Spring 2017 semester and teach

PHOTOGRAPHS, REBA SALDANHA (IMAGINE 2013 AND MAYORS); MARTHA STEWART (RAPPAPORT FELLOWS) (RAPPAPORT STEWART MARTHA AND MAYORS); 2013 (IMAGINE REBA SALDANHA PHOTOGRAPHS, only help solve the housing crisis, it will “Maybe this could be their next big issue.” in the area of municipal law and public policy.

Summer 2016 BC LAW MAGAZINE 11 DOCKET Candid “What I have done or where I am or what I have achieved is an example of what people can do when you unleash them.”

STUDENT Potential SNAPSHOT Provenance Baghdad, Iraq. Unbound Learning BS in Management, Accounting and Finance, Mousa Mosawy ’18 finds his calling. University of Massachusetts INTERVIEW BY ANDREA CLAVIJO ’16 Boston. Languages Arabic, English. At BC Law Middle Eastern Law Students As- My mom couldn’t touch me—I was in a full cast until sociation Co-President, and age five to hold me together because of scoliosis. I got Business and Law Society Vice to travel all over for treatment, especially to England. President of Alumni Affairs. Best thing about BC Law I learned to speak English better than all of my friends “The way student affinity at home in Iraq. I’m very privileged that I had the re- groups collaborate with one sources to do these things and that my family worked another and are invested in each other’s success.” His and accepted the idea not to give up on me. Go-To Meal Chipotle burrito bowl. “I build it with white rice, Many times in my life I wonder if I’m doing what I real- chicken, mild salsa, hot sauce, sour cream, and cheese.” Most ly want to be doing. My mom sits me down for “review important: “Always get the chats.” She’ll go through Socratic questioning with chips and guac.” Guilty Plea- me and always helps lead me back to where I started. sures “I watch reruns of Family Guy and watched the movie She has really helped me reflect on how I would raise Unfinished Business at least my own children. You want to push your children to twenty times this semester.” become who they want to become, not who you want.

When I’m not at school, I’m helping out with my mother’s nongovernmental, nonprofit organization, the Iraq Health Aid Organization. Our aid works in different ways to improve health and its determinants in Iraq. We partner with private NGOs in the US and provide a lot of support for economic development.

Memories and political events from back home inspired me to write poetry and spoken word starting at around age seven. My grandpa was a big poet. Much of his work didn’t get published because it was very political. I never knew him, but reading his poetry helped me get to know him. As notes on my phone, I write down ideas for spoken words, verses, or songs and send them to a friend of mine who does beats. I performed “Paradise Lost” at TEDxTeen 2010.

I want people to know that I’m a Muslim kid from Iraq. What I have done or where I am or what I have achieved is an example of what people can do when you unleash them. Give people structure and foundation and they’ll achieve their dreams. A lot of talk goes on that my country has historical conflict that will result in nothing. We are people who are sys- tematically oppressed, but once we’re released…we become BC Law alums.

12 BC LAW MAGAZINE Summer 2016 Photograph by ADAM DETOUR

DOCKET In the Field POCKET RÉSUMÉ

Katherin Nukk-Freeman ’93 and Suzanne Cerra ’93 Founders of Nukk-Freeman & Cerra, one of the top employment law firms in the New York area, and SHIFT HR Compliance Training. Differentiator The firm makes work-life balance a priority, and mostly employs women.Friendship First They’re not just law partners, they’re best friends.

From left, Katherin Nukk-Freeman and Suzanne Cerra.

Have you ever had to sit through one of those cookie-cutter scious bias—that she will not want Split compliance training videos? They’re typically so over-acted to travel because of the baby. The and underwhelming that many employees required to complete manager’s intention may be pure, Decision harassment and discrimination trainings understandably roll their eyes but the unintended result is that Law partners expand at the canned sexist and obvious racist scenarios depicted. When clients the worker falls behind her peers with compliance of employment law specialists Katherin Nukk-Freeman ’93 and Suzanne because client interactions on the training business. Cerra ’93 asked their firm, Nukk-Freeman & Cerra, to recommend com- road are an important part of the BY MAURA KING SCULLY pliance training programs, the pickings were slim. “We looked at forty path to career advancement. examples of online harassment and discrimination courses,” recalls Nukk- “Everyone has biases based on Freeman, “and we couldn’t find any we would recommend to our clients.” upbringing and personal experi- So, last December, the law partners started a new online business, ence,” Cerra says. “Our approach SHIFT HR Compliance Training. “We saw that learners disconnected is non-confrontational because when the content was trite, so we created a nuanced training program this is a normal part of being a that doesn’t dumb it down for the learner,” explains Cerra. human being. Our online trainings The SHIFT program focuses on harassment and discrimination give learners the opportunity to though the lens of unconscious bias. “We really believe that unconscious explore their own unconscious bias is at the root of most harassment and discrimination so we address biases so that they can change the roots,” says Cerra. For example, a woman returns to work after a behaviors accordingly.” maternity leave. Her manager makes the assumption—based on uncon- One aspect of the training in-

14 BC LAW MAGAZINE Summer 2016 Photograph by CONOR DOHERTY 1 2 3 4 5 6

volves the learner viewing a quick Dispute He navigates struggled to find the right series of slides that ask questions, Paths to Success cross-border disputes, help- experts to help them. So, based on physical appearance. For Alumni find career satisfaction in unusual places. ing parties understand and she launched mosaicHUB, accept different legal sys- an online resource for small example, “Who looks like the IT 1. Carl Dierker ’77 as co-founder of Teach with tems. Always Something businesses, to fill that need. person?” or “Who looks like the Going Green The regional Movies, an online site that New “I find it challenging Matchmaker MosaicHUB manager?” The learners’ answers counsel for the EPA in New shows teachers how to cre- not having an easy answer lists more than 50,000 are not retained because SHIFT’s England provides legal and ate lesson plans using mov- for what are sometimes marketing, web, legal, ac- goal is to promote awareness and policy advice on federal ies and film.Inspiration basic questions, but each counting, and other special- environmental law to 600 Twenty years ago, he found case provides tremendous ists eager to help businesses positively influence workplace agency staff.Challenges his niche when he sug- learning experiences.” grow. Elbow Grease “With culture, not penalize. Garnering public support to gested his young son learn a start-up, you have very “We really want to be im- tackle critical public health about the civil rights move- 4. Charles McCullough ’03 limited resources to create pactful in the workplace: Shift and environmental issues, ment through watching and Down Under He builds something big. You have to what you’re doing, shift your such as global climate discussing movies. Impact bridges across the hemi- do everything, from strat- change and safe drinking “We have Learning Guides sphere as director of the egy to marketing to putting perspective, shift to something water. Building Consensus to more than 450 films, and Australian National Uni- together your own office that works,” says Nukk-Freeman. “First, you need to reach Teach with Movies is one of versity Liaison Office for desks. You have to be ready “We’re the only online provider out and listen to all par- the top sites on the internet the Embassy of Australia in to tackle anything.” that builds unconscious bias into ties, including those who dealing with movies and Washington, DC. Diplo- prevention of harassment and don’t have the resources education. On a typical macy Working on issues 6. Amber Villa ’00 to be heard and those with weekday, the site has more ranging from technology Put a Roof on It As an as- discrimination training.” interests who cannot speak than 8,000 sessions with to indigenous art requires sistant attorney general and Though SHIFT is a completely for themselves. Then, you 17,000 page views.” a nimble intellect and a director of the Abandoned separate business from their develop reasonable legal knack for nuance. Fear Not Housing Initiative in the employment law firm, the two en- and policy options to help 3. Adolfo Jimenez ’90 “It can be a lonely road to Massachusetts AG’s office, terprises are located near one an- make decisions that are Arts and Craft As the travel as you see classmates she leads a small unit that often extremely difficult. group leader for Holland choose the traditional works with cities and towns other in New Jersey. The business Finally, you explain those & Knight’s South Florida professional path, but the to identify abandoned and partners make all major decisions decisions in plain language Litigation Group and head road less traveled can make distressed properties and together, but have split the daily to the public, and, if neces- of its International Arbitra- all the difference.” return them to productive operations responsibilities, with sary, defend them in court.” tion and Litigation Team, use. Home Sweet Home Nukk-Freeman managing SHIFT he says, “Litigation is an art 5. Mary-Alice Miller ’99 “Returning even one dilapi- 2. James Frieden ’75 that requires balance and Problem SolverAt Ropes dated house to use not only while Cerra oversees the law firm. Lights, Action, Teach By the appropriate amount & Gray and General provides housing for a fam- Self-described as acting like “an day, he runs a civil litigation of civility, aggressiveness, Catalyst, she saw that many ily, but it can also change an old married couple,” the partners practice in Los Angeles, but perseverance, integrity, and entrepreneurs needed help entire neighborhood and each have three children and high- in his off hours, he is known professionalism.” Beyond growing their ventures but community.” —MKS ly supportive husbands. After law school, they individually practiced for several years in large firms, Scoring in the Legal Big League but they shared a mutual dream of co-founding a firm, and made that Bob Raskopf ’76 Raskopf loves the thrill of the game. Forty merman, who are suing Al Jazeera for reporting they used years ago, as articles editor of BC Law Review, he challenged illegal performance-enhancing drugs. happen ten years ago. “We see eye the editor of the Harvard Law Review to a softball game. “They “I always wanted to try cases. I thought it would be fun to eye on things to the point where scored six runs in the first inning and we won 10-6,” he recalls. to be in a courtroom,” says Raskopf. To date, he has litigated it’s almost scary,” says Cerra. That competitive streak has served Raskopf, chair of scores of cases through trial and appeal, and has been counsel They trace their success back Quinn Emanuel’s national sports litigation practice, well. He of record in almost 100 cases. His victories include one before to the bond they formed as room- has represented some of the biggest players in the sports the US Supreme Court on behalf of the Washington Redskins; business. For more than two decades, he was chief outside he’s been a chief legal strategist in their effort to retain their mates during law school. “We re- counsel handling intellectual property, litigation, and licens- trademark against opposition by a group of Native Americans. ally heard the BC message to do the ing for the NFL and its members, successfully representing Raskopf, an Alumni Board member, launched his career four right thing, to focus on ethics and teams such as the Dallas decades ago with Townley & Updike, then White and Case, morals and values. Through our Cowboys, Baltimore where he supervised the firm’s IP group with forty offices in firm and SHIFT, we try to do the Ravens, and Green Bay twenty-six countries. In 2006, he joined Quinn Emanuel, an LA Packers. Among others, firm that was pushing into the New York market. “It was a risky right thing for clients, employers, he’s currently represent- move, leaving an established practice,” he says, “but Quinn each other, and anyone we come in ing baseball players Ryan Emanuel was making a statement about being trial lawyers, and contact with,” says Nukk-Freeman. Howard and Ryan Zim- I like business development and trial work the most.” —MKS

Summer 2016 BC LAW MAGAZINE 15 DOCKET Impact

particularly Thomas Jefferson, AWAKENING is yet to be measured. Yet already TO LAW’S her findings have reverberated be- MACHINATIONS IN yond scholarly and constitutional THE REAL WORLD circles and reached the attention of mainstream America. A front “The takeaway for me [from the spring break trip to New Orleans] page article in the Washington was to question what the role of Post, a review in the Wall Street the lawyer is in an essentially unjust Journal that called the book “su- system: to focus on the personal, one client at a time, with fierce advocacy, perb,” and a spate of interviews, or to focus on the policy, taking on blogs, and speaking invitations to the long slog to change the law and the Library of Congress and Na- hopefully reality. There is no right answer. But as James Baldwin said, tional Archives, Montpelier and ‘Not everything that is faced can be Mount Vernon, and the First and changed, but nothing can be changed Second Circuit Judicial Confer- until it is faced.’ This trip was not just an opportunity to serve, it was also a ences have seen to that. challenge to face the harsh reality yet Bilder used digital technologies hopeful promise of the law at work, in and traditional textual analysis to stark contrast to its deceitful simplic- ity in the classroom.” reach new conclusions about what Professor Bilder’s —Eric Popp ’18 writing about the impact research may provoke really happened at the Philadel- of his pro bono experience in Louisiana, the rewriting of phia convention that produced where he and eleven fellow 1Ls American history the US Constitution, according volunteered with the New Orleans as it pertains to Innocence Project, Southeast Louisiana the nation’s seminal to publisher Harvard University Legal Services, and the New legal document. Press. “Madison’s evolving vision Orleans City Attorney’s Office of republican government, his Vir- ginia allegiances, his openness to constitutional protection for slav- COQUILLETTE New Truths about ery, his fascination with the finer BOOK LEADS points of political jockeying, and TO REMOVAL OF Madison’s Notes Echo his depictions of Alexander Ham- DISPUTED SEAL ilton and Charles Pinckney shifted In response to Far and Wide during the writing and rewriting of student protests Revelations alter country’s understanding of the US Constitution. his account. When the notes were inspired by BC Law Professor Daniel BY VICKI SANDERS finally published in 1840, the layers Coquillette’s of revision were invisible.” book laying bare Professor Mary Bilder knew that her book Madison’s Hand Stepping back from the quag- Harvard’s historic connections to slavery, the university was an important re-examination of the notes taken by James mire of Madison’s notes and revi- decided this past spring to replace its Madison at the 1787 Constitutional Convention. She had no sions, it is possible to see broader law school’s official shield. Based on idea, however, that her findings would not only change constitutional implications of Bilder’s work. “If the coat of arms of the family of Isaac Royall, an 18th century slaveholder history but that it would also propel her into the top echelon of US histo- original understandings of the con- who established Harvard’s first law rians as a 2016 winner of the Bancroft Prize. Past winners include such vention existed, we cannot retrieve professorship, the ubiquitous shield luminaries as Arthur Schlesinger Jr., George F. Kennan, and Samuel them,” she writes in her conclud- had been the symbol of Harvard Law School for eighty years. Eliot Morison. ing chapter. “Indeed, hours after Once its origins were brought Then came her appointment to Boston College’s esteemed Found- the convention ended for the day, newly to light in On the Battlefield of ers Chair professorship, an acknowledgment of her recognition in the Madison could no longer recover it Merit, which Coquillette published with co-author Bruce Kimball in academic community. precisely for himself.” 2015, students took up the call for its The full impact of Bilder’s discovery that Madison’s notes were not Thus does Madison’s Hand removal because of its racist associa- an objective diary of the convention, as was previously thought, but cast doubt on the idea that the tions. The seal—three bushels of wheat on a shield with the word “Veritas”—is rather a much-altered account completed years afterward and influ- framers’ intent can be divined by expected to be replaced in time for the enced by the political realities of the new government and its leaders, contemporary jurists. law school’s bicentennial in 2017.

16 BC LAW MAGAZINE Summer 2016 Bilder photograph by WEBB CHAPPELL NINTH CIRCUIT VICTORY CALLED ‘TRANSFORMATIVE’ BC Law’s Ninth Circuit Appellate Program has added another victory to its growing list of successful arguments on behalf of clients facing various immigration issues. These wins represent not only complex lessons for students but also potentially life-altering outcomes for the people they represent. The latest success came in May when the Ninth Circuit granted a petition briefed and argued by Jo- valin Dedaj ’16 and Cristina Manzano ’16 (under the supervision Professor Kari Hong). The court provided a review of the Board of Immigration Appeals’ decision that had found client Guillermo Vera-Valdevinos Policies of Compassion ineligible to apply for cancellation of removal based on a drug conviction. In Guillermo Vera-Valdevinos v Professor Sherman’s two decades-long efforts to Loretta E. Lynch, said Hong, “BC Law just ended deportation for most of Arizona drug crimes.” reform the juvenile justice system are paying off. Kara Hartzler, a federal defender and national expert in criminal immigration matters who has extensive experience in the Ninth Circuit, put it another way. “It is hard to underestimate the impact of this watershed decision. Professor Hong and her students continue to be at the cutting edge of appellate Professor Francine Sherman ’80 litigation, bringing transformative change to an area of law on behalf of indigent and marginalized im- stepped to the lectern at the John migrants. They are single-handedly changing lives—not only those of their individual clients, but all those who come after and reap the benefits of their hard-fought victories.” F. Kennedy Library last May and began with these words: “Over my career I’ve met and interviewed many girls and young women, who ‘ A Lantern in the Dark’ those who love freedom have grown up in very challenging Connecticut Governor Dannel Malloy’s political but are persecuted, in circumstances and have been in- courage earns him presidential award. misery, or in need.’” volved with the juvenile or crimi- In a similar show of Congressman Kennedy, Pro- nal justice system. We talk about This is not the first time took a stand against the courage after the Sandy fessor Sherman, and Catherine Brady of the Action Corps what has meant most to them, that Connecticut Gover- hateful, xenophobic Hook Elementary School what helped them turn it around. nor Dannel Malloy ’80, rhetoric,” said President massacre in 2012, Mal- Every one of them tells some version of the same story: the 2016 recipient of the Kennedy’s grandson loy stepped forward There was a person or a group of people who recognized John F. Kennedy Profile Jack Schlossberg, who to endorse gun safety their unique value and contribution.” in Courage Award, has presented the award. “In legislation in Connecti- In probably more ways than can be counted, Sher- taken an unpopular stand doing so, he put prin- cut that was among the man, as the founder of BC Law’s Juvenile Rights Project, to protect others, and it ciples above politics and toughest in the nation. has been that presence in the lives of thousands of such probably won’t be his last. upheld my grandfather’s For his leadership, girls. One outcome: Massachusetts is an exception to the The award is perhaps vision of America that Malloy was honored in national trend of girls making up a larger share of the America’s most prized ‘has always served as a 2013 with BC Law’s St. juvenile justice population. “The state has been a leader recognition for remain- lantern in the dark for Thomas More Award. in this area, and as a result we have one of the lowest ing steadfast for good incarceration rates in the country,” Sherman says. in the face of injustice. Sherman was at the Kennedy Library to receive the People who do so often Embracing the Legacy Award from Robert F. Kennedy pay a price for their Children’s Action Corps CEO Ed Kelley. “Clearly one of the bravery, but their ac- most talented in her field, she has passionately and con- tions also pay lasting sistently highlighted and advocated for better services and dividends to society. understanding of young women in the system,” he said. In May, Malloy The co-author (with Annie Balck ’05) of the 2015 received the presidential study Gender Injustice: System-Level Juvenile Justice honor for inviting a fam- Reforms for Girls, Sherman’s reach goes well beyond ily of Syrians, spurned Massachusetts. She is preparing to launch another report by Indiana, to settle in this year based on her findings from interviews with New Haven. He did so de- twenty adult women across the country who are striving spite growing American to overcome the trauma of their early years. resistance to accepting Sherman also helped to draft the Office for Juvenile refugees from the war- Justice and Delinquency Prevention’s (OJJSP) Policy torn country. Guidance, and, as a consultant to the OJJDP’s National “As half of US gover- Girls Initiative and to the Annie E. Casey Foundation, nors, leading presidential she works with jurisdictions nationwide to implement candidates, and countless those principles. others across the country “It is incredibly gratifying,” Sherman says, “to watch voice support for a ban on systems examine their practices, identify ways girls are Syrian refugees from en- unnecessarily detained and incarcerated, and change tering the United States,

SHERMAN: PAUL MAROTTA SHERMAN: PAUL their policies and practices to prevent that confinement.” Governor Dannel Malloy

Malloy photograph by BOB O’CONNOR Summer 2016 BC LAW MAGAZINE 17 DOCKET Brainstorm

Q+A WITH Business Leader James M. Micali ’73 and DEAN VINCENT ROUGEAU

“Companies know the value of accountability and reputation. ABRIDGED AND EDITED You’ve got to do everything you can to make sure that your brand remains BY JERI ZEDER at a high level of integrity.” —JAMES M. MICALI ’73

18 BC LAW MAGAZINE Summer 2016 James M. Micali ’73 spent thirty-one years at tire giant Michelin and was chairman and president of Michelin North America from 1996 to his retirement in 2008. Now principal of Micali Advisory Services, he serves on the boards of directors of Sonoco, SCANA, and American Tire Distributors. In 2004, Furman University named him a Distinguished Senior Fellow in Political Economy and Leadership Management.

some of those skills as part of A Head for Business their general law degree. Turning a law degree to advantage in the corporate arena. On another note, today’s workplace allows you to do a lot of work VR: Corporations generally prefer where to find the people to run virtually. How do you think that is hiring lawyers who have had prior that plant. Senior management is changing the practice of law? law firm experience. Is there a pretty busy. They don’t have the way to overcome this? time or desire, frankly, to read a JM: Today’s connectivity lets you 100-page document. If you can get decentralize your in-house staff, JM: If you can get an internship that down to three or four pages, not just throughout the US, but prior to graduation, then the com- you may well carry the day. globally. In-house lawyers are now pany knows what you can do and in satellite offices, working day to may take a chance on you. Or if VR: A case can be made that lawday with local management. They you have some business or manu- yers also bring character skills. have a much better understanding facturing experience or a degree of the issues, the problems, and in chemistry or speak French or JM: That’s true. When you learn solutions. Connectivity makes Spanish, then target companies how to write a brief and you have that possible. that need those skills. to cite a case, you’re telling the court that case stands for a certain VR: Right. And emerging technol- VR: What do corporations value in principle. That will get tested, by ogy and artificial intelligence are a law degree? the judge and by the other side. already doing document review, When you claim that the record and that’s only the beginning. If JM: Seeing both sides of an argu- contains a statement and it turns technology can handle those tasks ment, being able to parse through out that’s not so, that’s not the best at very low cost, you probably don’t the determinative facts from the position for a lawyer to be in. A law need a big suite of offices where all ones that weren’t really important school education teaches you in- these lawyers are working. or were superfluous, putting that tegrity. Companies know the value Plus, there are changes in how into a cogent argument to persuade of accountability and reputation. people live. Younger employees somebody that your client’s view You’ve got to do everything you have different expectations about or your view of the issue is the can to make sure that your brand the workplace and the work-home right one—those skills are critical remains at a high level of integrity. balance. I think technology is in today’s business environment. opening up new possibilities there. VR: There’s been a lot of discus- VR: We try to communicate that sion these days about whether JM: And technology is having a about a law degree. None of us someone with a law degree also huge impact on discovery and knows how these skills will travel benefits from having an MBA. document production. Instead with us through our lives, but in any of having an associate look at job, the fact that you can analyze JM: One of the biggest criticisms 300,000 documents to find the fif- facts and write well, that you are a you’ll hear is that very few lawyers teen you have to prove, you have a logical thinker and can make a co- get a lot of accounting or financial tech tool that will do that for you. gent argument, every organization education in law school. They may We also have a competitive needs someone who can do that. not have marketing experience, advantage in that globalization puts or know how to read a balance an English-speaking law degree in JM: Exactly. Suppose a company sheet or an operating statement. a very good position. But it’s still must decide whether to make a So, I think a JD and MBA are very extraordinarily useful to learn $250 million investment. Factors complementary degrees. another language, and not just to to consider are whether the prod- be globally competitive. If you’re uct is needed, which markets to VR: We’re starting to provide practicing law in Miami and you’re ship the product to, which coun- course work here that will give not bilingual, it may be hard to do tries to build a plant in (or not), law students the option of getting the kind of job you want to do there.

Photograph by ADAM DETOUR Summer 2016 BC LAW MAGAZINE 19 DOCKET Faculty Scholarship

Fighting Malfeasance POCKET with Pen, RÉSUMÉ

Credentials AB, Not Sword LLB, Harvard; When Brown writes about corruption, BC Law faculty member since 1971; even Supreme Court justices listen. Robert F. Drinan, BY DAVID REICH SJ, Professor of Law since 2007. Clout Governor’s The Idea: In Citizens United v. FEC (2010), Task Force on the Supreme Court endorsed the idea that Public Integrity, influence and access brought about through 2008-2009; Assis- tant Independent campaign contributions are not corruption. Counsel, Office Outside the campaign context, however, of Independent the law has been deeply suspicious of direct Counsel Donald C. Smaltz, 1998-1999; transfers of money and other gifts to public Chair, Massachu- officials, whether elected or not. There is a real setts Ethics Com- danger that the Citizens United approach— mission 1994-1998. Interests Public the product of electoral vision—will spread corruption, federal- to ordinary corruption cases. This would state relations. undermine deeply rooted traditions of impar- Publications Law reviews: Cornell, tial administration, as well as disapproval of Ohio State, USC, payments to public officials. Georgetown, William and Mary, Virginia, The Impact: Professor George Brown’s and others. writing has been cited more than 500 times in law review articles and court opinions. Brown recently saw his fortieth article published, an impressive feat for any academic, and nearly a quarter of the articles, including most of those published since the mid-1990s, call for a robust federal role in prosecuting wayward state and local officials. Such prosecutions raise federalism questions, Brown admits. “There’s a line you have to walk. In a perfect world, the states would be leading the prosecutions within their own ranks. I’d like to see the states be the good guys, but they aren’t.” In his dissent from the denial of certio- rari in Sorich v. US (2009), Supreme Court Justice Antonin Scalia cites a Cornell Law Review article in which Brown tries to res- cue the “honest services” language in the mail fraud statute from those on the court who find the language vague and are of-

20 BC LAW MAGAZINE Summer 2016 Illustration by JOE CIARDIELLO “There’s a line you have to walk. In a perfect world, the states would be leading the [corruption] prosecutions within their own ranks. I’d like to see the states be the good guys, but they aren’t.”

fended by the picture of a federal judge making up case of Virginia ex-governor Bob McDonnell. In BC LAW FACULTY rules for state officeholders. In the article, Brown, April, the Supreme Court heard oral arguments in ACHIEVEMENTS who shares those concerns, suggests an ingenious McDonnell’s appeal of his conviction on federal Fulbright in Russia Professor David workaround: that federal courts use state law corruption charges. As governor, McDonnell Wirth has won a Fulbright award that will take him to Russia for the 2016-17 to define corruption by state officials. The Fifth requested and received cash and gifts whose total academic year. An expert on inter- Circuit Court of Appeals adopted Brown’s posi- value exceeded $160,000 from Jonnie R. Williams, national environmental issues, he will tion in 1997 and cited his article as an example of head of a dietary supplement firm. Prosecutors serve as the Distinguished Chair in “cogent, scholarly commentary.” alleged that in return, McDonnell gave his benefac- Sustainable Development at the Higher Scalia would have gone further, by removing the tor access to top state officials and allowed him to School of Economics in Moscow. Wirth will consult with faculty on curriculum honest services language from the federal statute use the governor’s mansion for a product launch. development, help shape teaching book. But a year after Sorich, in Skilling v. US, the According to Brown, McDonnell’s lawyers and standards, give a series of lectures, and court upheld the language, though only as applied amici have done exactly what he warns against in lead an advanced course for undergrad to bribery and kickbacks. (Not included were other his article. “McDonnell’s champions use the word and graduate students. forms of corruption such as gratuities, extortion, ‘donor,’” Brown complains, “as if [Williams] was A Pitch for Global Equality Professor and influence-peddling.) “I was pleased that the a campaign contributor,” a use of language that Frank Garcia presented on globaliza- court took a middle ground,” Brown says, “but I Brown calls “sleight-of-hand.” tion, inequality, and international eco- thought my middle ground was a better one.” Had Justice Scalia lived, says Brown, he would nomic law during the “Growing Apart: The Implication of Economic Inequality” Taken together, Brown’s articles show a US have been “very attracted to the argument that conference at Boston College in April. Supreme Court that has defined corruption ever McDonnell was providing ordinary constituent Sponsored by the Jesuit Institute, the more narrowly. An early example is the landmark services.” But what the governor did in return for two-day event united scholars from the case US v. Sun-Diamond (1999), for which Brown the gifts is immaterial, Brown argues. As he writes disciplines of social work, law, education, himself helped write the government’s brief. In in the Notre Dame article, “the crime of bribery is political science, management, economics, theology, and philosophy. A confer- Sun-Diamond the court considered whether an complete upon the knowing acceptance of a bribe ence highlight was the keynote address agri-business could legally give gifts worth more and agreement to take future official acts.” Thus, by US Senator Elizabeth Warren. than $5,000 to the secretary of agriculture. The the question, he says, “isn’t whether McDonnell Wylie Retires Professor Norah Wylie unanimous verdict: The gifts were permitted performed official acts. It’s whether he agreed im- was applauded by colleagues and friends because the government had failed to show a link plicitly to use his influence at some future point.” at a retirement farewell at BC Law on between them and any official acts performed or to Accounts of the oral arguments show what May 12. Herself a law graduate of the be performed on behalf of the gift-giver. Brown calls “surprising support for McDonnell’s class of 1979, Wylie served the University in administrative and teaching capacities Brown’s latest article, in Notre Dame Law position.” A McDonnell victory, he says, might for some twenty years. She was the Law Review, warns against the leakage of the Citizens rouse Congress to enact a law undoing the court’s School’s Associate Dean for Students United definition of corruption from the electoral work, by defining corruption more expansively. until 1996, and most recently taught context into the sphere of “ordinary corruption,” “If McDonnell were to win,” says Brown, “and the Legal Reasoning, Research, and Writing. where the items of value go to officeholders di- public understood the extreme generosity that Scholars in the News In an Op-Ed in rectly and not to their campaigns. had been showered upon him, I think that would the Boston Globe, Professor Paulo Bar- Will courts heed this warning? One test is the provoke political interest in making a change.” rozo and co-author Elizabeth Bartholet argued for the passage of a Congres- sional bill that would place the US in the forefront of supporting greater inter- NOTABLE FACULTY PUBLICATIONS national adoption rights. Professor Kari Hong weighed in on the North Carolina Professor Brian Quinn Professor Natalya Shnitser, Professor David S. Olson, Professor R. Michael Cas- restroom law, discussing the law’s con- recently released Mergers and the David and Pamela Donohue advancing his scholarship in the sidy, a criminal law expert, cau- stitutionality with NECN, WBZ, and Acquisitions: Law, Theory, and Assistant Professor, authored areas of patent and copyright tions in his Indiana Law Journal WBUR. Professor Alfred Yen was cited Practice. Co-authored with “Funding Discipline for US Pub- law, has co-authored “A Sus- article “Silencing Grand Jury on NPR’s “Morning Edition” regarding Steven Davidoff Solomon lic Pension Plans: An Empirical tainable Music Industry for the Witnesses,” that, in the wake the US Court of Appeals’ reinstatement and Claire Hill, the textbook Analysis of Institutional Design” 21st Century” for Cornell Law of the scrutinized jury verdict of New England Patriots Quarterback explores a number of recent in Iowa Law Review. Cited by Review Online. The article, writ- in Ferguson, “efforts by pros- Tom Brady’s suspension for allegedly deals, among them manage- Tax Notes as one of its Notable ten with Grammy-nominated ecutors and judges to impose deflating footballs. Professor Robert ment buy-outs and hostile bid- Employee Benefits Articles of singer-songwriter Aloe Blacc extrastatutory secrecy obliga- ding wars, to provide students 2015, the article examines how and Irina D. Manta of Hofstra tions on grand jury witnesses Bloom ’71 talked to the Boston Globe an overview of the entire deal disparities in states’ funding University, makes a case for undermine the independence about US Attorney for Massachusetts process, including auctions and mechanisms have exacerbated completely overhauling the cur- of the grand jury, and thwart its Carmen Ortiz’s probe into strong-arm board decisions during a sale. the funding problem. rent system of music licensing. proper screening function.” tactics by union officials.

Summer 2016 BC LAW MAGAZINE 21 DOCKET Evidence

Faculty Who Speak Volumes Books, articles, degrees, and more: BC Law profs go where research takes them. BY JERI ZEDER

The academic pursuits of Boston College Law School’s faculty have led them to every corner of the globe. They have also traveled down theoretical paths to the deepest questions of constitutional law, corporate governance, ethics, immigration, legal history, taxation, mergers and acquisitions, criminal justice, and much more. Here, we quantify some of the reasons why BC Law professors have earned renown as astute teachers and exacting scholars.

PUBLICATIONS

Five 190 31 19 Number of treatises authored or co-authored by faculty Total law review Articles in generic law Faculty who Handbook of Massachusetts Evidence, MARK BRODIN and other reviews by the US News have authored Moore’s Federal Practice, DANIEL COQUILLETTE 18 Chapter 11 Theory & Practice: A Guide to Reorganization, scholarly journal & World Report’s Number of books or co-authored INGRID HILLINGER articles published Top 50-ranked law published by faculty textbooks Practical Guide to Estate Planning, RAY MADOFF 2010-present schools 2010-present 2010-present in common usage The International Guide to Partnerships, JAMES REPETTI

22 BC LAW MAGAZINE Summer 2016 Illustrations by DAVIDE BONAZZI DOWNLOADS DEGREES TRAVEL

5 The most degrees 83 held by a single professor, Percent of BC Law’s Dean Hashimoto tenure and tenure- 3.9 MILLION track faculty who AB Stanford earned a JD or JD Yale Full-text downloads MD University of California from Digital Commons advanced law degree at San Francisco from the US News & @ Boston College Law MOH Harvard University World Report’s Top School, the institu- MS University of California tional repository of BC 10-ranked law schools at Berkeley Law’s scholarly output 2010-present

CENTERS + INITIATIVES 28 Percent of faculty who collectively hold 22 advanced TWENTY-FOUR degrees in other fields: Number of countries where BC Law faculty’s scholarly pursuits took them 2011-2016

Eight AM MDiv/STL MS Argentina England Japan Serbia Chaired by Harvard Woodstock Stanford Australia Finland Malta Slovakia BC Law faculty University (2) College University Austria France The Netherlands South Korea Weston University The Bahamas Germany New Zealand Spain Boston College MA Jesuit of California Innocence Program Ohio State School of at Berkeley Belgium Hong Kong Philippines Sweden Bosnia and Herzegovina Ireland Portugal Switzerland Center for University Theology MSLS Canada Israel Qatar Turkey Experiential Learning Oxford MOH University Simmons China Italy Saudi Arabia United States Center for Human Rights Harvard College & International Justice University University of California PhD Clough Center for the at Berkeley MPH Study of Constitutional Harvard CLERKSHIPS CHAIRS, PROFESSORSHIPS + VISITING FACULTY FUNDS Democracy University Harvard University of Virginia University Forum on Philanthropy Yale Yale University University & the Public Good MPhil University Foundations of US Law & MBA Yale University of California Practice Summer Institute Boston College at Berkeley Post-Deportation Human MPP MD ScD 19 Rights Project University Harvard Number of faculty who’ve University Harvard Rappaport Center for of California at University held clerkships in major Law & Public Policy San Francisco courts (US Supreme Court, Supreme Court of Canada, High Court FACULTY SUPPORT AWARDS of Australia, state supreme courts, and federal courts of appeals) 2016 13 TOP PRIZE Number of endowed The Bancroft Prize 5 research funds in American History Faculty who clerked and Diplomacy to for more than Professor Mary Sarah one major court Bilder for her book, $10 Madison’s Hand: MILLION Revising the Constitu- Support for faculty, tional Convention. 4 research, and scholarship She was also a finalist Faculty who clerked during Light the for the 2016 George for a justice of the One Nine World campaign Washington Prize. US Supreme Court 1986 2016

Summer 2016 BC LAW MAGAZINE 23

DraftKings, Uber, and New Jersey Governor Chris Christie are among recent clients who have sought the counsel of Debra Yang ’85, who earned her bona fides as a judge and US Attorney before joining an LA law firm. And to think it all began in a bean field.

by katharine whittemore photographs by mark leibowitz seems right to start with the green beans. One named one of the Top 100 Lawyers in Califor- summer long ago, Debra Wong Yang and her fam- nia by the Los Angeles Daily Journal and one ily left their home in Los Angeles to visit rela- of the top female attorneys in the state, year tives in Oregon. She was thirteen, and wanted to after year. She was just recognized as the Top White Collar Lawyer in the Nation (individual earn some spending money. Bean fields beckoned category) by Chambers USA for 2016. nearby. “I was not a fantastic picker,” she admits, “Debra is able to understand all the di- Itwith a laugh, “I’m short and couldn’t reach the top rows. The farm mensions of a problem,” Olson continues. “We paid by the weight and, after ten hours of hard labor, I’d made very deal with major problems where a client is little money.” ¶ She complained to her father, David Wong, a CPA facing serious incidents with criminal or civil who later became a venture capitalist. “I can’t believe this is all I exposure. She figures it out, dispenses advice, all without seeming to be ruffled at all. She is got!” Yang wailed, showing him a check for $1.76. He was a man of extremely effective and extremely sought af- few words. But when he did speak, it made an impact. “I never forgot ter. She’s a tremendous addition to our office, a what he told me that day,” Yang recalls. “He said: ‘You can use your delightful person to know, and I’m very proud head or your hands—the choice is yours.’” ¶ Flash forward a dozen to be her partner.” years. It’s Yang’s graduation day from Boston College Law School, All this—the heavy hitter clients and partners, the flattering quotes—may make Yang sound a bit daunting. She is anything but. This native class of 1985. Her parents are full of pride. She is also currently on the legal team Californian and single mother of three has a David hands something to Debra. It’s this very providing counsel for Uber, the San Fran- hearty laugh. She’s one of those people who same check. Cancelled, a bit worn, but intact. cisco on-demand technology company that touches your arm often to make a point. At a He’d saved it all this time, for this moment. has recently grappled with a class action suit critical case meeting, she once deadpanned Clearly, she’d made a choice—to use her head. from drivers who claim they’ve been misclas- that a top French statesman owed $10 million And that’s how it’s played out: Yang’s pro- sified as independent contractors rather than dollars more in damages because he’d yelled at found intelligence and work ethic have been employees: In April, Uber and the plaintiffs her. There was stunned silence, until everyone her hallmarks, as well as her heritage. This cuts reached a proposed $100 million settlement to realized she was joking. across all phases of her career, from her stellar drivers in Massachusetts and California, who “Debra has this joy in life you rarely private practice, to California state judge, to will stay independent contractors. Yang has find in the law,” says Steve Zipperstein, who being named the first female Asian American been on the trial team from Day 1; if the courts supervised her for a time when Yang was an US Attorney in history. Since 2006, Yang, now don’t approve the settlement, she’ll be one of assistant US Attorney. (He’s now general fifty-six, has been a partner at the LA office of the attorneys arguing their case in court. counsel for Blackberry Ltd.) “So many lawyers the prestigious firm of Gibson, Dunn & Crutch- The DraftKings and Uber cases have got- take themselves so seriously,” he adds. “But er. She co-chairs its Crisis Management Group ten plenty of media play, but they pale in com- she’s able to find the humor and is a member of these other groups: White parison to another of her recent clients, New in any situation—and also French powerbrokers Collar Defense and Investigations; Privacy, Cy- Jersey Governor Chris Christie. Yang helped function as one of the best tried to pressure Yang to ease up [in her bersecurity, and Consumer Protection; Media, conduct an internal review regarding his staff’s litigators in the US.” prosecution of Crédit Entertainment and Technology; and Intellec- alleged role in “Bridgegate,” wherein lane Humor comes in handy Lyonnais], as did Wash- tual Property Practice. As such, she currently closures on the George Washington Bridge when you come from a ington bureaucrats reluctant to alienate an advocates for many high-profile clients in the may have been done in retribution against the big extended family; Yang allied nation. But Yang thick of complicated, controversial lawsuits mayor of Fort Lee, NJ, for failing to endorse is the oldest girl of thirty pushed forward with that boil up a lot of headlines. Christie for the 2013 gubernatorial election. cousins. “Hey, when you’re finesse—and muscle. One headline dubbed One of those clients is DraftKings. The “Chris Christie has enormous regard for both Chinese and Catho- her “The 5-Foot-1-Inch Boston-based daily fantasy sports contest Debra’s ability and her judgment,” says Ted lic there’s no reason not Giant-Killer.” company is now fighting various injunctions Olson. A partner himself at Gibson Dunn, to have more children!” and prohibitions, state by state, which claim Olson is most famous for two successes: she jokes about her background. She’s fourth it’s a gambling concern. (In contrast, Draft- representing President George W. Bush in generation Chinese-American. Her pater- Kings and experts define it as a “skill-based Bush v. Gore and challenging Proposition 8, nal grandfather, Lew Hing, has a five-page gaming destination.”) Yang can’t comment on California’s state constitutional amendment Wikipedia entry. He came to the Bay area specifics. But she will say it’s probably one of banning same-sex marriage. Olson sings from Kwan-tung (Canton) in 1870 at the age the most interesting cases she’s ever worked Yang’s praises as well. “She has such a reputa- of twelve, and rose from a conscript laborer to on, because of its massive scope (there are tion for integrity that, when she represents a owning the Pacific Coast Canning Company; now some ninety civil law suits) and its inter- client, the integrity carries over to them too.” like Yang, he seems to have chosen head over play between law and policy. This superstar quality resulted in Yang being hands too. The company would go on to supply

26 BC LAW MAGAZINE Summer 2016 Summer 2016 BC LAW MAGAZINE 27 canned goods for Herbert Hoover’s food reha- what drives them and makes them successful.” My roommates laughed at me because I always bilitation program for Europe after WWI. At Gibson Dunn, her thoroughness and stamina volunteered to shovel the walk.” Her maternal grandfather, Geui Hong are legendary. “She is extraordinarily ener- Several BC Law professors really stick out (Daniel Hall) Quan, arrived in the US from getic,” marvels Olson. “She manages to do more in her memory now, such as James Houghteling Guangdong province in 1913 and went on to things in one day than any normal human being (“he was so fun, so beloved”) and Cynthia Lich- run his own meat marketing business. “We should be able to do,” he jokes. tenstein. “As a young woman, it was fantastic to always had the best cuts, growing up,” Yang Yang’s mother, Doré Hall Wong, got her see this very articulate, powerful female profes- says. “I never ate meatloaf until I was thirty.” master’s and PhD in education when Debra sor who had such tremendous command of Quan became a founding father in Los Angeles’ and her sister were growing up, and served her subject matter.” BC Law also opened doors Chinatown, buying real estate, and expanding as an elementary school principal in China- right after graduation; she got her first job at a his business ventures. He used to walk Debra town and elsewhere in the LA area. Education Santa Monica law firm run by several alums. to her elementary school in Chinatown in the was paramount in the Wong family, and after A few years later, her then-boyfriend took a mornings. “While we walked, he’d talk with me high school, Yang attended Pitzer College in post in Chicago, and she joined him in that city, about my responsibilities to my family and my Claremont, CA, where she majored in political signing on at Wildman Harrold Allen & Dixon. community,” she says. After school, sometimes, studies. (In 2004, she was given the college’s While at Wildman Harrold, Yang helped launch Yang would do her homework at her grandfa- inaugural Distinguished Alumni Award). After the National Asian Pacific American Bar As- ther’s Chinatown office: “As I wrote, he’d do graduation, she toyed with the idea of various sociation (NAPABA), then just a dozen people, his accounting with an abacus. I remember the occupations, including graphic artist. Yang but now numbering almost 50,000 attorneys. click, click, click.” is a person of faith, and around this time she In those years, her extended family met headed to Taiwan for a job with a Catholic She left Chicago (“it was too cold”) for a clerk- for a big lunch every Sunday at her grandfa- missionary camp in Kaoshiung, Taiwan. Here, ship with California federal district court judge ther’s house, right after mass at St. Bridget’s in foreign students, nuns, and priests did language Ronald S. W. Lew, the first Chinese American to Chinatown. As the oldest female child, she was immersion before setting off on missionary be appointed to the bench. “He was an incredi- expected to help afterward in the kitchen, tack- work throughout Asia. ble role model, and changed the trajectory of my ling the dishes. “The only way to get them done While in Taiwan, she pondered whether life in many ways,” says Yang. Lew was highly was to learn how to commandeer other cousins graduate school was her next move. “My father devoted to the Asian American community, and to help me,” says Yang. Now, as a manager and uncle used to have a joking debate about often took his clerks to local functions. “He put at Gibson Dunn, “this has stood me in good whether I’d go into law or business,” says Yang. me on the course of being active in the minor- stead,” she adds, with a smile. “And I’m a really “But law school felt like the right choice for me. ity community,” she adds. Indeed, in 2002, the good dishwasher!” The camp’s priests gave me long lectures about Asian Pacific Bar Association selected her as Later, she added business management how I should go to a Jesuit school, and Boston the recipient of their Public Service Award. And to kitchen management. After picking green College came up a lot. I’d never ventured be- Yang was also pivotal in founding the Chinese beans that summer, she spent subsequent yond the west coast, and thought the east coast American Museum, which opened in LA in school breaks tagging along with her dad, as would be a big adventure.” 2003; she served for a time as its president. Yang he checked on various small businesses in his Boston College was an eye-opening experi- herself is characteristically earthy about all this venture capital portfolio. She got behind the ence for Yang. “Everyone in the northeast acclaim: “At the end of the day, if there’s a plus scenes, listened to him go over concerns with was so intellectual!” she says. “There were all over my grave instead of a minus, I’m good.” the managers, and pitched in doing inventory; these thoughtful discussions about politics, Yang never speaks about her family in public, at a bowling supply company, she counted the the world, the environment. I really grew up at a customary caution among those who’ve hand- bowling balls and shoes, and at a Mexican res- BC. It was such an instrumental place for me.” ed down sentencing in big criminal cases. She taurant company, she tallied burrito packages. This LA woman did feel some culture shock, will add a little dark humor though: “I stopped “I was exposed to many aspects of running a though. Partly, it was the food: “At that time in sleeping after the third child,” she jokes. business,” says Yang. “I found it fascinating at Boston, it seemed like everything was baked, After clerking for Judge Lew, Yang became the time and still do. In my practice now, I like boiled, or broiled,” she cracks. And partly, it an assistant US Attorney in Los Angeles. “That diving into my clients’ businesses and seeing was the weather: “I’d never seen snow before. was the best job ever,” she says. “You get a lot of responsibility at a young age to go into court and stand on your own feet, working for a just cause.” Indeed, she tried a number of high- “Some lawyers are great on their feet in court. Some are great profile cases, including a Glendale arson case in which a local firefighter was convicted of writers. She’s one of the very few who combines both great oral setting a number of blazes (over the decades, and written advocacy, along with superb judgment and instincts. it may have been as many as 2,000); a kidnap- For one person to have all these attributes is rare.” ping case in which the victim, a young female Realtor, succumbed to Stockholm syndrome. steve zipperstein, former supervisor (To understand the phenomenon, Yang sought

28 BC LAW MAGAZINE Summer 2016 legal profession, but when you’re on the side of “She has such a reputation justice, you can’t have biases at all,” says Yang. “Was there evidence of sufficient harm by this for integrity that, when she law firm? Was there reckless intent? Yes—the indictment was completely mandated by what represents a client, the integrity the facts necessitated.” The biggest fraud case of all involved Crédit carries over to them too.” Lyonnais. This historic French bank, founded ted olson, a partner and colleague in 1863, began lending money to Hollywood at gibson, dunn & crutcher studios in the 1980s, and went on to set up false front companies to illegally acquire the assets of a dying California insurance company. The case was un football politique: French pow- out the renowned UCLA psychology professor Yang boosted morale, in part, by marshal- erbrokers pressured Yang to ease up, as did Louis Jolyon “Jolly” West, who’d examined ling the 260 lawyers under her supervision Washington bureaucrats reluctant to alienate Patty Hearst years ago.) Her most complicated to litigate creatively, and aggressively, for an allied nation. But Yang pushed forward with cases, during this time, involved espionage. widespread impact. Her office used RICO laws, finesse—and muscle. One headline dubbed her “You had to assess if someone was a spy, for example, to bring down violent gangs en- “The 5-Foot-1-Inch Giant-Killer.” double spy, or more, and decide how that status meshed in drug-dealing, most notably launch- During her time as US Attorney, fears of ter- changes how you look at the evidence,” Yang ing “Operation Silent Night,” a 1,300-police rorism were at a fever pitch. There were threats explains. “It was very head-spinning.” officer sweep, which resulted in thirty-six to Los Angeles Airport, and many more loca- In 1997, she went on the bench, serving on arrests, and effectively shut down the notori- tions and structures. She flew to Washington the Los Angeles Municipal Court, becoming ous gang, the Vineland Boyz. every other week for briefings from Homeland a member of the Los Angeles Superior Court She also assembled a team to go after Security and the other agencies bound to keep bench, and then Presiding Judge of the Hol- Evergreen International, a shipping company Americans safe. Yang recalls that time with great lywood Courthouse where, at age forty, she was illegally dumping waste oil into California’s gravitas: “When I left [the job], a huge weight fell the youngest judge. “It’s a noble profession, and rivers and the Pacific. “I thought back to off my shoulders—because no one had died from the stress and strain put on judges is under- Zygmunt Plater for this case,” she says, citing terrorism, in my district, on my watch.” rated,” Yang reflects. “You’re all by yourself and the BC Law professor still teaching today. “I In 2006, when she exited the US Attorney you don’t have a lot of support because of the audited one of his environmental law courses, post for Gibson Dunn, it gusted up a media financial system of the judiciary and the over- and it was very cutting edge at the time, be- microburst, from the New York Times to the whelming volume of cases.” The daily human cause he talked about how to expand litigation Daily Kos. The timing seemed fishy. Her office toll just keeps mounting, too. “I had a real sense in this area. I thought, ‘If you can do that in law had kicked off an investigation of a Republican of sadness when I had to sentence somebody to school, why not as a lead prosecutor?’ So we congressman representing the San Diego area, a lengthy period of incarceration,” says Yang. really broadened the scope of the case in order and some guessed that the Bush administra- “Unless this person was completely off track, to make a deterrent effect.” She teamed up DAs tion, allegedly removing other US Attorneys the system had failed them in some way.” from five districts, and Evergreen pled guilty to who’d been pursuing political investigations, In 2002, in the wake of the September 11 twenty-four felony counts, paying a record $25 had told Yang she was on the chopping block attacks, President George W. Bush appointed million fine. While investigating the case, staff- too. Yang completely dismisses this theory. Yang the US Attorney for California’s Central ers found a document on one of the ships that “Leaving was a completely personal decision,” district, the largest US Attorney’s office out- read “Be careful on the West Coast. They’re she says. “When you’re starting to borrow side Washington, DC. As the Asian American really strict.” This pleased her inordinately. money from your mother to pay the mortgage, website Goldsea.com put it, “when the Bush Yang’s biggest impact as US Attorney, it’s time to leave the government.” White House was casting for a Republican star though, involved white-collar crime. During her Yang has been pleasantly surprised by how with sterling credentials and diversity points, first year in charge, her office filed 483 cases of much she’s loved this last decade, litigating at Debra Yang rose to the top of every list.” The business fraud, for the first time ever surpass- Gibson Dunn. “I did not expect private practice honor was eminently deserved, says Steve ing the New York US Attorney’s office, which to be as invigorating and fascinating as it has Zipperstein. “Some lawyers are great on their always leads the pack on such matters. Multiple been,” she exclaims. “I’ve thoroughly enjoyed feet in court,” he says. “Some are great writers. companies came under investigation, including every minute.” For a woman who chose to use She’s one of the very few who combines both Boeing, which had to pay out $615 million, then her head, this comes from the heart. great oral and written advocacy, along with su- the highest penalty paid by a defense contrac- perb judgment and instincts. For one person to tor. Her office also pursued the securities law Katharine Whittemore writes a book review have all these attributes is rare. But that’s Deb.” firm Milberg Weiss Berchad & Schulman, issu- column and parenting column for the Boston Central had a lackluster reputation at the ing a twenty-count indictment of obstructing Globe. She lives with her family in Northamp- time, and many top prosecutors were fleeing. justice, perjury, bribery, and fraud. “I’m in the ton, Massachusetts.

Summer 2016 BC LAW MAGAZINE 29 GREAT CASES

Walt Kelly’s efforts to win a $36 million wrongful conviction settlement for the man at the center of the Making a Murderer saga exposed egregious actions by law enforcement. But on the eve of an expected victory, Steven Avery was accused of another violent crime. This time the question of who was lying and who was speaking the truth may never be put to rest. THE TWO SIDES

OFBY CHAD KONECKY TRUTH PHOTOGRAPHS BY ADAM RYAN MORRIS 30 TWO TWO THE SIDES

ADAM RYAN MORRIS RYAN ADAM BY PHOTOGRAPHS TRUTH KONECKY CHAD BY OF 31 alt Kelly ’68 didn’t have a starring role in holder at Freedman Boyd in Albuquerque, New Making a Murderer. He wasn’t a player in Mexico, and one of the most respected plaintiffs’ antitrust litigators in the country. “He’s smart, the sexual assault case that sent Steven aggressive, and persistent. That’s what Walter Avery—an innocent man—to prison for was as a law student, and it’s what he’s shown nearly two decades. Nor was he involved himself to be as an attorney. If you were in trouble, you would want Walter as your lawyer.” in that same defendant’s subsequent Avery’s 1985 conviction was vacated via un- murder trial and conviction following equivocal DNA evidence in September of 2003. his exoneration from the assault verdict. By then, Gregory Allen, the actual perpetrator of the assault on the woman named Penny Ann ¶ Rather, Kelly’s part in the saga that Beernsten, was already serving a sixty-year sen- spawned the documentary Forbes mag- tence for his conviction in a 1995 sexual assault. azine dubbed “Netflix’s most significant Before taking on Avery’s civil lawsuit, Kelly enlisted some help. He didn’t have an active ever,” was about making amends. Kelly criminal practice at the time, and that made represented Avery in a civil suit during a him uncomfortable. He called Steve Glynn, a short-lived but symbolic oasis of legal and ethical recompense friend and Milwaukee-based criminal defense attorney with a long record of representing cli- sandwiched between two bitterly contested criminal cases. ¶ ents he believed to be falsely accused of crimes. The streaming documentary Making a Murderer chronicles Unbeknownst to Kelly, Glynn had represented the story of Steven Avery, who had a relatively low-key crimi- Avery almost ten years earlier in the first of two post-conviction attempts to use DNA nal record and lived on the lot of his family’s auto salvage yard evidence to prove his innocence. in rural Wisconsin. Convicted of first-degree sexual assault With the legal team in place, the objective in Manitowoc County in 1985, Avery spent eighteen years be- was clear. “We knew the case was going to involve hind bars before being exonerated by DNA evidence in 2003. constitutional violations of the exculpatory ¶ Enter Walt Kelly, well known in civil liberties circles, who laws under Brady v Maryland, says Kelly. “We would become half of the two-man team that Avery chose to had to prove that the sheriff and the DA, acting for Manitowoc County, had violated Steven’s represent him in a $36 million wrongful conviction civil action. constitutional rights in securing his arrest and conviction in the sexual assault case.” The lawsuit was filed in 2004 and within a year, a wrongfully imprisoned criminal defendant As Kelly notes, the core of the lawsuit would the plaintiff’s legal team had Manitowoc Coun- before. In this particular forum, he was—and be built upon section 1983 of the US Code, ty against the ropes. Case files and depositions remains—a rookie. “Steven’s [post-]exoneration which applies to deprivation of rights secured clearly demonstrated gross misconduct by the case is the first and last exoneration case I’ve by the Constitution. Job No. 1 in crafting the former district attorney and retired sheriff in done,” Kelly confirms, sounding as if he himself suit was pouring through a mountain of docu- their push to secure Avery’s 1985 conviction. is still somewhat surprised by the detail. mentation. The existing record was enormous In 2005, with his lawsuit poised to com- Be that as it may, by the time he accepted and everything had to be reviewed: the entire mence, Avery was arrested for the murder of a Avery as a client, Kelly was deeply familiar with criminal proceeding from 1985 in addition to photographer who was last seen on his proper- ACLU and civil rights issues. He also knew staff the post-conviction efforts to secure Avery’s ty. His wrongful conviction case fell apart. The at the Wisconsin Innocence Project, which had release prior to his exoneration, as well as documentary indicates that a vindictive and secured the DNA testing that proved Avery’s records compiled by the Innocence Project. dishonest police department may have framed innocence in the sexual assault case. Kelly had Kelly and Glynn decided to withhold filing Avery because of the pending lawsuit. previously won a well-publicized police and DA a suit for damages until the completion of Kelly’s trajectory to accompanying Avery misconduct lawsuit just a ninety-minute drive an ongoing investigation into Manitowoc’s to the doorstep of a likely civil victory in 2005 from the county line in Manitowoc. handling of the Avery case by the Wisconsin was seemingly random. But in many ways, Joe Goldberg, a former BC classmate, Attorney General. Walt Kelly was predestined to end up as Steven insists that Kelly’s status as a wrongful- “Our thinking was that the AG would be very Avery’s lawyer. conviction neophyte wouldn’t have sent him, likely to find misconduct, which would help the Kelly was well into his fourth decade as an Goldberg, in search of alternative counsel had civil suit,” explains Kelly. “We also wanted the attorney when he took Avery’s case. He was he been in Avery’s shoes. DOJ investigators to ‘have at’ all of those wit- eminently qualified, except for one rather “Walter exemplifies what you really want nesses in order to put meat on the bones of the conspicuous fact. He had never represented in a lawyer,” says Goldberg ’68, a senior share- story that we could then use in the civil suit. It

32 BC LAW MAGAZINE Summer 2016 turned out that we had a great disappointment schlager’s investigators were very strongly in supported the allegation that Avery had been with the AG’s ultimate conclusions.” favor of finding misconduct,” says Kelly. “But it the victim of aggravated constitutional viola- Former Attorney General Peggy Lauten- was the AG and one of her deputies who made tions. Legally speaking, it was a bloodbath. schlager’s fourteen-page findings concluded the decision not to do that. And we had all of “I think the depiction of the Steven Avery there was “no basis to bring criminal charges or those internal documents.” story in the [Netflix] series is a positive good,” assert ethics violations against anyone involved Before Avery’s legal team had deposed a says Kelly. “It reveals the underbelly of the in the investigation and prosecution of [Av- single witness, there was an arsenal of am- criminal justice system. Although this is a ery].” The document was released in December munition from the AG’s office supporting spectacular case in itself, these operations and of ’03, just weeks after Avery was set free. a section 1983 claim. Meanwhile, Avery’s biases and countervailing forces that go on in The surprising outcome was a blessing in story had entered the national consciousness disguise. As part of the discovery for Avery’s and Avery himself had become a statewide lawsuit, Kelly and Glynn got access to all the symbol of a broken criminal justice system in WALT KELLY: investigatory reports that formed the basis of need of repair. OUR DEPOSITIONS BROUGHT OUT Lautenschlager’s decision. Ultimately, Kelly and Glynn deposed almost “In truth, what happened in that case forty witnesses on Avery’s behalf. Each set of THE VERY AGGRAVATED was that inside the Wisconsin DOJ, Lauten- testimony was more damning than the last and NATURE OF THE CONSTITUTIONAL VIOLATIONS. IN FACT, SOME OF THEIR CONDUCT WAS SO EGREGIOUS THAT THERE WAS THE POSSIBILITY OF A FEDERAL CRIMINAL CIVIL RIGHTS INVESTIGATION. THAT WAS THE STATE OF AFFAIRS.

the criminal justice system are daily events. And they require us to think twice about what’s important in that system.” As the discovery period progressed in Av- ery’s civil suit, two moments in particular sent a charge through his attorneys. First, they elicited testimony revealing that Manitowoc County detectives had begun round-the-clock surveillance of Gregory Allen two weeks before the sexual assault on Beernsten in 1985. However, surveillance of Allen was temporarily suspended on the day of the assault because police resources were redirected to another case. What’s more, Beernsten continued to receive threatening phone calls after Avery’s arrest, which county sheriff Tom Kocourek dismissed as immaterial. Worst of all, just days after Avery’s arrest, a Manitowoc County detective informed Kocourek that Allen was not under surveillance when the attack occurred, and it was likely that the wrong man was in custody. The detective was told to steer clear of matters outside his jurisdiction. A second high point during discovery was equally incriminating. Beernsten had identi- fied Avery as her assailant using an image array

Summer 2016 BC LAW MAGAZINE 33 of suspects. But deposition testimony con- vated nature of the constitutional violations. fall from a state of grace to a state of ignominy firmed that the sheriff’s department had used a In fact, some of their conduct was so egregious because of the accusation that he had mutilat- booking photo of Avery to generate its forensic that there was the possibility of a federal ed and murdered Teresa Halbach,” says Kelly. composite drawing. criminal civil rights investigation. That was “Steve Glynn and I went through the transition The misstep? The mug shot that inspired the state of affairs.” where we handed off all that we had from the the drawing was taken in January of 1985, and The goings-on behind the scenes in civil suit to Dean Strang and Jerry Buding, who Avery’s appearance at that time was dramati- Manitowoc County at the time affirmed Kelly’s were the lawyers we recommended to Steven cally different from how he looked when he optimism. Throughout the pretrial phase, the and his family for the [new] criminal case.” was arrested in July. Meanwhile, the depart- county looked at every insurer it had a rela- In December of 2005, Avery accepted ment possessed and was aware of a 1983 book- tionship with and which among them might a settlement with Manitowoc County for ing photo of Allen that looked a lot like Avery’s qualify as a potential indemnifier, then made a $400,000. He needed the money to foot the bill composite drawing, but omitted it from the tender of defense to each of them. for his new criminal defense team. The county image array Beernsten reviewed. According to Kelly, Manitowoc was telling accepted no fault or liability regarding Avery’s “Those were the two moments when we its insurers: “We think you’re covering us on 1985 wrongful conviction in the deal. All told, knew—to a degree that you rarely know in a this; we want you to represent us and indem- Avery received just over $22,000 in annual civil right’s suit—that we had the defendants, nify if there’s a judgment.” Without exception, compensation after serving eighteen years ice-cold,” recalls Kelly. “I will tell you that in the insurers replied with a reservation of rights for a crime he didn’t commit. On June 1, 2007, my mind and [co-counsel] Steve Glynn’s mind, letter. In the simplest terms, they were cau- Avery was sentenced to life in prison for the if we had to go to trial, the only issue was going tioning the county: “We’ll represent you, but if murder of Halbach. to be: ‘how much?’ Steven Avery and his lawyers are able to prove Kelly prefers not to call the outcome of the When Kelly and Glynn filed Avery’s lawsuit what they say they are going to prove, we’re not civil suit a legal loss. “We all had a specific legal on October 24, 2004, the dollar demand wasn’t going to cover you.” goal and approach, and it was achieved. Only af- arbitrary. Using a survey by the Innocence “It was dramatic,” recalls Kelly. terwards were the exigent circumstances such Project of wrongful conviction exoneration Avery’s lawyers completed a particularly that we had to settle for what we could get.” awards, along with other recent data from revealing deposition supporting their claim And what of Steven Avery’s fate? across the country at the time, Avery’s lawyers in late October of 2005. A few days later, on “I’ll tell you, I don’t think it’s over,” Kelly did their best to extrapolate. The grand total: Halloween, Wisconsin photographer Teresa says. “He’s retained new counsel to continue $18 million in compensatory damages for Halbach disappeared. Her last known destina- to challenge his conviction. This is an ongoing targeting, personal hostility, and obstruction tion was the Avery salvage yard to photograph story as far as I’m concerned.” of justice, along with punitive damages of an a vehicle for Auto Trader magazine. In a broader sense, the sudden turn of events additional $18 million. A swift investigation followed, featuring in Avery’s lawsuit can’t diminish the worth of The math involved a little alchemy (and striking discoveries and bizarre investigative cases Kelly has made a habit of taking on. helped to set precedent) since these were the phenomena (this is the part where you have “Lawyers like Walt Kelly have spent much early days of DNA exoneration cases and as- to watch the show). Avery was arrested in of their careers beating their heads against the sociated lawsuits. Kelly explains how the team November and pretrial testimony produced wall,” says BC Law Criminal Procedure Profes- arrived at $36 million. enough evidence for him to be held for trial. sor Robert Bloom ’71, a former civil rights “We looked at the eighteen years served Predictably, Avery’s civil case unraveled. attorney and co-author (along with Profes- (of a thirty-two-year term) and we looked at “Once the investigation commenced, I sor Mark Brodin) of Criminal Procedure: The the incredible losses that Steven had taken. would say it didn’t take long at all for Steven to Constitution and the Police. “Sometimes, those Not only the possible loss of his mind, but the are immovable walls. That doesn’t stop these loss of his marriage and the loss of contact From left, In 1968, Walt Kelly, center, after BC Law’s first National folks from continuing to go ahead and do these Moot Court championship. A poster from the Netflix series on Steven with his children. We thought that a million Avery. Mug shots of Avery in 1985 and entering court in 2007 for things. Walt Kelly is a hero to me. And a hero to dollars a year was reasonable based upon sentencing after his murder conviction. Kelly at BC Law in 2016. some of my colleagues too.” everything we knew. Then, we looked at the developing law of punitive damages, and one of the [key components] was and is some kind of a reasonable ratio between the punitive damages demand and the compensatory damages demand. We decided to make that ratio one-to-one.” At this point, the case was essentially all but over. Except for the payout. “Everybody knew [we were going to win],” says Kelly. “The defense lawyers knew as well. Our depositions brought out the very aggra-

34 BC LAW MAGAZINE Summer 2016 ATTORNEYS KELLY AND GLYNN DEPOSED ALMOST FORTY Kelly is a Newton native, the son of a litigator WITNESSES ON practice, where he spent seven years before who transitioned to business and became CEO becoming a partner in his own practice, Sut- of a General Electric subsidiary. Kelly’s dad was STEVEN AVERY’S ton & Kelly. In 1994, he opened the solo prac- from “that generation of Irishmen who cracked BEHALF. EACH SET OF TESTIMONY tice that he maintains to this day. His current the barrier at Harvard College and Harvard Law WAS MORE DAMNING Milwaukee-based firm focuses on general trial School.” Predictably, the law was a regular topic THAN THE LAST AND SUPPORTED and appellate work, emphasizing employment of conversation around the dinner table. and labor law, trade regulation, civil rights, As a consequence, Kelly arrived at BC with a THE ALLEGATION and discrimination. deep-seated respect for the law. But those influ- By the time Avery hired him, Kelly owned ences could not have shaped the course of Kelly’s THAT AVERY HAD considerable civil liberties bona fides, having career if not for a certain confluence of events. BEEN THE VICTIM OF spent more than a half-decade in consecutive First, Robert Drinan, SJ, was dean of AGGRAVATED CONSTITUTIONAL terms as Chairperson of the Board of Direc- the law school when Kelly was a student. A tors of the Wisconsin American Civil Liberties Catholic priest, Father Drinan was a member VIOLATIONS. Union, and as the Wisconsin Representative to of the Massachusetts Bar, owned a doctorate in LEGALLY SPEAKING, IT WAS A BLOODBATH. the ACLU’s national Board of Directors. theology, and was later elected to the US House “My early and continued trial and appellate of Representatives. He was educated and and you could see it from day one in law work in labor was an invaluable experience,” iconoclastic. A colossal role model. school,” says Cary Coen ’68, a classmate of says Kelly. “It definitely informed my approach The cultural milieu of that time was Kelly’s and a retired attorney. “Every day, he to civil rights, and it informed my approach equally compelling. Kelly entered law school was totally engaged in all the issues that come to the Avery case.” The release of Making a two years after President Kennedy’s assas- up in those classes and in debating them. I Murderer this past December thrust Kelly’s sination and the same year Lyndon Johnson didn’t know him before law school, so it was representation of Avery and the criminal sent the first American combat troops to incredibly noticeable. I think perhaps what’s proceedings that followed into the national Vietnam. Weeks before Kelly graduated, unique is, Walt’s love for the law continues dialogue. Soon, Professor Bloom was inviting Martin Luther King Jr. was killed, and shortly almost fifty years later.” Kelly to BC Law to discuss the case and Kelly afterward, Robert Kennedy met a similar fate. Kelly scored a clerkship with the late US brought along Avery’s criminal defense attor- Meanwhile, Kelly’s tenure at BC also coin- District Court Judge Raymond Pettine in ney Dean Strang. cided with the Warren Court’s transformation Rhode Island. A Johnson appointee, Pettine “I think Walt is an excellent example of of the American legal landscape. once said the Constitution should be interpret- what we call a reflective practitioner,” says BC “Bob Drinan was a remarkable man and cer- ed in ways that “give meaning to the heart and Innocence Project Director Sharon Beckman, tainly had a lot to do with setting me on course soul of what it’s all about: a kinder, more under- who is also co-director of the Boston College for the career I’ve had,” says Kelly. “There was standing Constitution that recognizes the dis- Criminal Justice Clinic and planned the Kelly/ a sense in the air when we were all there from enfranchised, the poor, and underprivileged.” Strang visit with Professor R. Michael Cassidy, ’65 to ’68 that human rights and civil rights get For Kelly, it was a match made in heaven. faculty director of the Rappaport Center for a priority. A sense that, as much as lawyers are When his two-year stint with Pettine Law & Public Policy. devoted in so many fields of their work, doing ended, Kelly took a job as a trial attorney and “All of us on the faculty are really hoping to this work is particularly important. The school spent a year in the private sector before joining empower our students to think first about what set that tradition and it still does.” the administration of newly elected Wiscon- kind of career would give them joy,” Beckman The BC Law environment and the churning sin governor Patrick Lucey. Kelly served as explains. “Something they would be good at societal mores of the day represented an exter- Executive Director of the Wisconsin Council and something the world needs them to do. nal “pull,” but Kelly’s built-in desire to battle on on Criminal Justice under the governor, a Walt did a better job teaching that to our stu- the right side of history constituted the “push.” state and federal revenue-sharing program for dents than perhaps we could do because he’s “He’s just an incredibly passionate person, improving the criminal justice system. such a living example of that.” Lucey, who died in 2014, was a hard-nosed Indeed, Kelly used the end of the panel progressive who once summed up the essence discussion at BC Law as just such a teaching of his political success by quoting a volunteer: moment. Acknowledging that there is still “The big shots are against you and the little ambiguity about Avery’s murder conviction, shots are for you. But there are a lot more little he said: “Here’s an ethical provocation. Should shots than there are big shots.” Clearly, during Steven Avery’s life sentence be reduced by the Kelly’s two years in the state capitol, another time served for the crime he didn’t commit?” critical building block of his professional rai- son d’être slid into place. Chad Konecky is a regular contributor to BC He began practicing law again in Milwau- Law Magazine. His most recent article was “No kee in 1973, ultimately becoming a partner in Biz Like Showbiz,” about Neflix senior counsel a labor and employment trial and appellate Joel A. Goldberg ’92.

Summer 2016 BC LAW MAGAZINE 35

THERE WAS NO DAY,

NO NIGHT,

NOTHING TO MARK THE

A prison within a prison, solitary confinement has reached epidemic proportions in America. HowTIME the work of Zachary Heiden ’02 is helping to reverse that trend. BY JERI ZEDER ILLUSTRATION BY ARTHUR E. GIRON

37 Eighth Amendment’s prohibition on cruel and unusual punishment, but it would be years before the call for reform on solitary policy for all prisoners started gaining momentum across the country. That momentum got an extra push from a report that Heiden generated about the successes he and his colleagues have seen through in Maine. Threatening litigation, Heiden persuaded the state’s Department of Corrections to create new policies and a “secure mental health unit” where prisoners with mental illness would receive extra monitoring and treatment. However, Maine’s ACLU and Amnesty Inter- national found that, despite the new policies After failing a urine analysis for drugs in a a prisoner inside a cell the size of a parking and placement, nothing was really changing Maine state prison in 2003, Joseph Jackson space for up to twenty-three hours a day, for for these prisoners. In 2009, Heiden, who had spent a year in solitary confinement. The days to weeks to years, without outlets or been promoted to legal director two years small concrete cell had a stainless steel sink distractions. Solitary is assumed to be reserved before, and his colleagues started planning a and toilet, a tiny, scratched up stainless steel for the “worst of the worst,” but, in fact, it is class action lawsuit. Four years later—years mirror, a thin mattress, and a light that glared, frequently applied for rules infractions, like that were marked by sometimes adversarial, undimmed, twenty-four hours a day. The talking back or trafficking cigarettes, or against sometimes cooperative work among Maine’s ventilation system roared constantly, sounding prisoners with poor impulse control and other ACLU, a coalition of reformers, and prison of- like an airplane engine taking off. There was no behavioral problems. ficials—Heiden completed his report. night, no day, nothing to mark the time. Since the 1980s, the growth in the solitary In that report, the forty-three page “Change Without meaningful stimulation, Jackson’s prison population has outpaced the growth is Possible: A Case Study of Solitary Confine- mind went to dark places. “One of the things of the prison population generally, a remark- ment Reform in Maine,” Heiden captured how thatA stands out for me the most is how loud able statistic given that, from 1980 to 2008, Maine, one of the first states in the country to your thoughts get. Your thoughts get so loud America’s prison population quadrupled address solitary confinement, became a leader sometimes you feel like somebody’s in the room (from 500,000 to 2.3 million). Today, 80,000 to in prison reform, reducing its solitary popula- with you, and you just find yourself wallowing 100,000 prisoners spend their days in solitary. tion by half by 2013, and not just for prisoners in anger, grief, and regret. You play the what-if Critics of solitary confinement say that it is with mental illness. game over and over again in your mind,” he inhumane, damages prisoners psychologically, David Fathi, the Washington, DC-based recalls now, three years out of prison. “It felt and is exorbitantly costly without leading to director of the ACLU’s National Prison Project, like I was being tortured, mental and physical safety benefits inside prisons or to the public credits the hard work of advocates and a 2011 torture. Constantly. It was never-ending.” once prisoners are released. change in leadership in Maine’s Department of Today, Jackson works for prison reform as Heiden was ahead of the prison reform Corrections for these reforms. The advocacy, the coordinator of the Maine Prison Advocacy curve on this issue. A year after he became he says, “wouldn’t have happened without Coalition. “I don’t think any human being the first staff attorney of the ACLU of Maine Zach Heiden” and he calls Heiden’s report “a should be treated in that fashion,” he says. in 2004, he teamed up with the ACLU’s groundbreaking and seminal document in the Zachary Heiden ’02, legal director of the National Prison Project and started advocat- movement to reform solitary confinement.” ACLU of Maine, agrees. He’s taken on the ing on behalf of mentally ill prisoners held Reforming solitary “is something meaning- cause of ending solitary confinement in Maine. in solitary. Courts across the country were ful that people can do, and they may, in fact, Solitary confinement, widely used as a way ruling that placing mentally ill prisoners in achieve significant results in improving human to maintain control in prisons, involves locking long-term solitary confinement violated the rights,” Heiden says. He wrote “Change Is Pos-

38 BC LAW MAGAZINE Summer 2016 that’s not what happened. Rather than stick to SOLITARY IS ASSUMED a narrow focus as charged by the Legislature, the committee “decided to take a serious and TO BE RESERVED FOR THE objective look at the entire operation of Maine’s [higher-than-maximum-security special “WORST OF THE WORST,” management unit]—the policies, the actual practices, and the shortcomings in each. Their research reinforced many of the claims and concerns made by advocates, and because the group BUT, IN FACT, IT IS included both mental health and corrections personnel, their conclusions could not easily FREQUENTLY APPLIED FOR be dismissed,” Heiden wrote in his report. He continued, “The Maine report ended up being RULES INFRACTIONS, one of the most important components fueling the state’s reform efforts—and it had the impact LIKE TALKING BACK OR it did because of who the authors were (insid- ers) and where they were from (Maine).”, TRAFFICKING CIGARETTES, Meanwhile, in 2011, Maine got a new DOC commissioner. Joseph Ponte was a breath of OR AGAINST PRISONERS fresh air, dispersing bitterness and antagonism that had built up between campaigners on both WITH POOR IMPULSE sides of the issue. Heiden reported, “the final stages of the Maine campaign were character- CONTROL AND OTHER ized by a great deal of cooperation between advocates and corrections professionals. In large BEHAVIORAL PROBLEMS. part, this was due to the arrival of a new corrections commissioner, who felt no ownership over the prior policies, who had an interest in sible” because, he explains, “It felt significant Heiden’s work in Maine reveals the power working with advocates, and who had not been to me to have an accounting written down of community organizing to effect change. scarred by previous years of contentiousness.” somewhere with as much detail as possible. As he and his colleagues were crafting their Ponte took the committee’s recommenda- And I wanted it to be something that would be class action lawsuit in 2009, other advo- tions to heart. He convened a second working useful, so I tried to draw some lessons from cates in Maine were seeking reform through group to turn recommendations into reform, what we did here in Maine.” Solitary reform legislation. They were spurred in part by Atul and, in a first for the DOC, appointed two pris- requires a complex, multi-tiered strategy and Gawande’s 2009 New Yorker piece, “Hell Hole,” on rights advocates to serve among the group’s prolonged commitment from hundreds of which noted that Maine had one of the highest members. (To this day, advocates receive brief- people, and inevitably involves setbacks and rates in the country of prisoners in solitary ings and data on prison policies from the DOC. disappointments. And so Heiden started his compared to its overall prison population. Heiden himself visits prisoners and communi- report with a pep talk: Legislators drafted a bill, and a coalition that cates their feedback to prison officials.) included Maine’s ACLU, the NAACP, Maine By 2011, Maine’s DOC had made significant “There are times when every advocate for Council of Churches, Disability Rights Center changes. Fewer prisoners were sent to solitary, prison reform feels that change is not pos- of Maine, prisoner volunteers, a former pris- they spent less time there, and the conditions sible—that the legal and cultural barriers are too firmly rooted, or that the public’s oner, and a journalist pushed for it. Maine’s of their confinement had improved. Prison- antipathy to prisoners and their families Department of Corrections, however, opposed ers in solitary had access to more care and is too powerful. This despondency might it, citing serious risk of injury or death to staff services to prevent the deterioration of their lead reformers to settle for superficial and inmates if the legislation was enacted. In mental health, and they had more control over measures or, worse yet, to give up the fight in favor of easier targets. It is my great the end, the bill failed overwhelmingly. But the their destinies because they were given a clear hope that the message of this report— legislature “resolved” to have the DOC appoint path for earning their way out of solitary. By that reform of the use of solitary confine- a committee to study the due process rights of 2013, Maine’s solitary population fell from ment is both necessary and possible— prisoners with mental illness. ninety-one to forty-six, an entire prison block will provide some measure of encouragement in those difficult moments that Reformers worried that this DOC-appointed was closed to solitary confinement use, and every worthwhile campaign experiences.” committee would simply defend the DOC. But new disciplinary approaches were instituted.

Summer 2016 BC LAW MAGAZINE 39 “IT IS MY GREAT HOPE THAT THE MESSAGE OF THIS REPORT—THAT REFORM OF THE USE OF SOLITARY CONFINEMENT IS BOTH NECESSARY AND POSSIBLE— WILL PROVIDE SOME MEASURE OF ENCOURAGEMENT IN THOSE DIFFICULT MOMENTS THAT EVERY WORTH- WHILE CAMPAIGN EXPERIENCES.” —Zachary Heiden HEIDEN’S REPORT IS “A GROUNDBREAKING AND Corrections staff received training in how to manage difficult prisoners and de-escalate SEMINAL DOCUMENT IN challenging situations. In Maine, solitary confinement is now a disciplinary tool of last, THE MOVEMENT TO REFORM rather than first, resort. Ponte left Maine in 2014 to serve as New SOLITARY CONFINEMENT.” York’s commissioner of corrections. His replacement, Joseph Fitzpatrick, is continuing —David Fathi, director of the ACLU’s National Prison Project reform efforts. As of this writing, Maine’s solitary population was down to thirty, the lowest in Maine’s history. What Maine is doing dif- ferently, Fitzpatrick says, is providing inmates and British Literature from the University him. “That is a tremendous shift,” Bellows with treatment, rehabilitation, and therapeutic of Florida in 1998. Eventually, however, he says. “That is a testament to his hard work programming to keep them out of solitary, to swerved off of this path. “It felt too much like and thoughtful approach and trust that he has get them out of solitary, and—because 85 per- a one-way conversation that I was having been able to build in the state.” cent of all prisoners are eventually released—to with these dead authors, and I was interested “He is viewed within [the ACLU] as a rising lower the chances that they will recidivate. in looking for a way to interact with living superstar, the next wave of great lawyers and Fitzpatrick wants to continue reducing people and help them have more engagement civil liberties advocates,” says Witold (“Vic”) Maine’s solitary population, and sees Heiden with human beings,” he says. He worked for Walczak ’86, legal director of the ACLU of as a partner in getting this work done. “Get- a year at a Boston-area computer company Pennsylvania. “He’s working in what is not an ting insight from Zach on approaches to take doing software localization—that is, making easy area, up in Maine. While it is part of the to move the system in a positive direction has user interfaces culturally and linguistically Northeast, it has got a very idiosyncratic politi- always been helpful, and I think that will be his accessible to broad audiences—and started cal and cultural makeup and it makes it tough role going forward,” Fitzpatrick says. law school in 1999. to do the work we do.” Both men are well aware that a lawsuit by After graduation, Heiden clerked at the If working hard, being smart, knowing the ACLU is always an option. But Fitzpatrick Maine Supreme Judicial Court, worked briefly when to seek advice and assistance, and appreciates that Heiden’s preference is to work for the now-defunct Boston firm Testa, Hur- skillfully building coalitions all explain why collaboratively. “We both understand that we witz & Thibeault, and then set his sights on the Heiden is so effective, Heiden’s law school have a role in this play, and we have to play that ACLU of Maine. mentor and friend, Professor Kent Greenfield, role out,” Fitzpatrick says. “There are going to His timing was perfect. The national ACLU cites additional reasons. “He’s so self-effacing be certain things that I probably can’t change was requiring all its state affiliates to hire staff and so unassuming, I think he sweeps people that Zach might want me to. There are going attorneys. His resume didn’t scream “ACLU!” into his orbit without them even knowing it,” to be certain things that he can’t let go of even but, he says he used that to his advantage. “My Greenfield says. Greenfield recalls that, in law though I can’t change them.” But, Fitzpatrick pitch to the executive director at the time was school, Heiden “wasn’t star-struck by anybody. says, “because he comes to the table collabora- that I didn’t have a whole lot of bad habits I think that served him well. I’m sure he can go tively and not as an adversary, we end up com- and she was a more experienced manager and into the governor’s office and be as natural and ing to some very creative solutions and moving lawyer and would be able to shape my develop- as persuasive in that setting as he is around the the system in a positive direction.” ment as a lawyer. What I did have was a lot of coffee machine at work.” Maine’s experience is its own and, of knowledge of constitutional law because I had Heiden has represented protestors whose course, will not be precisely duplicated a great grounding in that at Boston College Law free speech rights were being trampled, a preg- elsewhere, but it is nevertheless a compelling School and also just an incredible commitment nant woman held beyond her prison sentence case study. ACLU of Maine Executive Director to civil rights and human rights.” for what the judge said were medical reasons, Alison Beyea says that other ACLU affiliates “Zach’s impact has been extraordinary,” the rights of panhandlers to stand on median and prison reform advocates are “calling Zach, says Shenna Bellows, the ACLU of Maine’s strips, and more. But he says that solitary relying on his report, using his expertise, using former executive director who worked with reform is “one of the most important things I his lessons learned to push this issue forward Heiden from 2005 to 2013. “He has developed have done and continue to do.” all over the country.” a cutting-edge legal program in Maine that “Solitary reform is going to be,” he says, The report is impactful not only in its has helped develop really important civil “something that I work on for the rest of my detail and analysis, but also in its readability. liberties policies for our state.” When she and career.” That’s no accident. Heiden graduated in 1995 Heiden started working together, Bellows from Bowdoin College with an AB in English, recalls, they were the ones putting in the Jeri Zeder is a Boston-area freelance writer. She and earned a master’s degree in Modern Irish phone calls to policy makers. Now, they call can be reached at [email protected].

Photograph by JESSICA WEISER Summer 2016 BC LAW MAGAZINE 41 Alumni News and Events of Note

GENERATIONS 42 CLASS NOTES 43

SPOTLIGHTS Peter R. Zeidenberg 43 Jessica Singal Shapiro 44 Leila A. Amineddoleh 45 Robert C. Robinson 46 ALUMNI NEWS 48 CLICK 52 LIGHT THE WORLD 54

GENERATIONS

VICKI HAWKINS- JONES ’76 AND MICHAEL D. JONES ’76, CENTER, WITH NIECE CHRISTINA J. WEAVER ’09, AND SON MICHAEL D. JONES JR. ’16.

42 Photograph by STEPHEN VOSS 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. Due to space considerations, alumni news regarding inclusion in Super Lawyers Magazine and The Best Lawyers in America will be published on BC Law’s LawNet.

Lawrence A. Ruttman the legal profession. She is chief Library of Congress National Book announces the New of appeals at the Federal Public Festival in Washington, DC. 58 York City premiere Defender’s Office for the districts Steven Wright, executive part- of Jews on First , a new musical by of Massachusetts, New Hampshire, ner in the Boston office of Holland Larry Tish, Lee Goodwin, and Erin and Rhode Island. & Knight LLP, is the only lawyer Murray Quinlan adapted from his among the recipients of the 2016 book, American Jews and America’s Michael V. Abcarian, Good Guys Award presented by the Game: Voices of a Growing Legacy in managing partner Massachusetts Women’s Political Baseball. For more information on 77 in the Dallas, TX, Caucus to men who demonstrate a the show and Ruttman’s book, visit office of Fisher & Phillips LLP, was commitment to achieving parity for www.jewsonfirstmusical.com. named to the Board of Directors of women in the Commonwealth. the Business Council for the Arts in Gerald E. Farrell prac- Dallas. Hon. Joseph F. Leighton tices family law with Len DeLuca was the keynote Jr. was sworn in as a 66 his sister, Lynne, and speaker at the 11th Annual Boston 85 Massachusetts Supe- twin daughters, Christine Farrell College Business and Law Society rior Court judge in May. Prior to his Grochowski ’94 and Ann M. Farrell Banquet in March. He is the founder appointment, he was a partner in ’94, at the Law Offices of Farrell & of Len DeLuca & Associates LLC in the Boston office of Wilson Elser. Grochowski in Wallingford, CT, New York, NY, the senior vice presi- Peter R. Zeidenberg was recently PETER R. where he also serves as town at- dent for original content at IMG, and featured in the 60 Minutes seg- ZEIDENBERG ’85 torney. He and his wife, Mary Ann, an adjunct instructor at the NYU ment “Collateral Damage,” report- On Being Interviewed on will celebrate their 50th wedding School of Professional Studies Tisch ing on Americans wrongly accused 60 Minutes Nerve-wracking, anniversary in August. Institute for Sports Management, of espionage-related crimes. He exciting, and slightly surreal. Media, and Business. successfully represented a Chinese- Focus White collar law. How John F. Bronzo is American citizen accused of ille- You Clear Your Head at the A ten-mile the author of Mary Dannel P. Malloy, gally sending sensitive information End of a Workday bike ride home, every day, rain Bernadette: Secrets of governor of Con- to China. Peter is a partner at Arent 74 or shine. Last Book You Read a Dallas Moon: A Young Vietnamese 80 necticut, was named Fox LLP in Washington, DC, and is a That Had an Impact On Girl’s Tale from the Grave about the the 2016 recipient of the John F. former assistant US Attorney in the Yo u The Orphan Master’s Son. Killing of JFK published by Archway Kennedy Profile in Courage Award District of Columbia. Favorite Part of Law School Publishing in August 2015. for his decision to welcome refugees Friday afternoon bar review with the rest of the “back row” from Syria to Connecticut despite , Christopher G. Betke crew. Proudest Moment Giv- Kathryn Cochrane heightened security concerns a founding partner at ing the closing argument in the Murphy is president of following the 2015 terrorist attacks 88 Coughlin Betke LLP Scooter Libby case. 75 the American College in Paris. in Boston, was elected to a second of Real Estate Lawyers (ACREL) three-year term on the Board of and a member of the ACREL Board Chuck Greaves was Directors of the Rose Kennedy Gre- of Governors. A partner at Boston- named a finalist for the enway Conservancy, the nonprofit based Krokidas & Bluestein LLP, she 81 2016 Harper Lee Prize steward of the Greenway’s urban focuses her practice on commercial for Legal Fiction for his histori- parks in Boston. real estate transactions. cal/true crime novel Tom & Lucky and George & Cokey Flo published Andrew W. Cohen is Judith H. Mizner was by Bloomsbury USA in 2015. The senior counsel in honored with the 2016 award, which honors the novel that 92 the Office of United 76 Woman of the Year “best illuminates the role of lawyers States Senator Edward J. Markey Award presented by the Women’s in society and their power to ef- ’72 in Washington, DC. He was pre- Law Center of Boston College Law fect change,” will be presented in viously a litigator in private practice School for her contributions to September in conjunction with the in Washington, DC.

Summer 2016 BC LAW MAGAZINE 43 ESQUIRE Class Notes

Jason A. Farber was Human Services (DHS). She previ- focuses her practice on represent- named co-chair of the ously served as chief of staff to the ing large and small companies in 93 health care practice at two previous DHS commissioners, asbestos litigation, products liability Davis Wright Tremaine LLP. A part- and as chief of staff to the deputy litigation, and business litigation. ner in the firm’s Seattle, WA, office, commissioner in the department’s Robert Kim is coauthor of Educa- he focuses his practice on mergers Children and Youth Division. She is tion and the Law, Fourth Edition and acquisitions, joint ventures, and married to Mathieu Shapiro ’95, the published by West Academic other business transactions. managing partner in the Philadel- Publishing in November 2015. He phia, PA, office of Obermayer Reb- is the deputy assistant secretary for John F. Ventola, a mann Maxwell & Hippel LLP. Strategic Operations and Outreach partner at Boston- in the Office for Civil Rights of the 94 based Choate, Hall Jennifer A. Creedon US Department of Education in & Stewart LLP, was appointed is a partner at Washington, DC. co-chair of the firm’s finance and 97 Boston-based Martin, Fernando M. Pinguelo was recog- restructuring group. Magnuson, McCarthy & Kenney and nized as a 2015 “Cybersecurity and

Maura K. McKelvey, a partner in the Boston 95 office of Hinshaw & JESSICA SINGAL Culbertson LLP, was appointed to SHAPIRO ’96 the firm’s Management Committee. Milestone Celebrated her She focuses her practice on the rep- nineteenth anniversary working resentation of mortgage servicers, for the City of Philadelphia lenders, and trustees of securitized this year. Passion Strengthen- ing and protecting vulner- mortgage trusts. able children and families. Ingrid C. Schroffner is co-author Inspiration BC Law Professor with Joseph Belza ’17 and Matthew Francine Sherman and the Taylor ’17 of “A Practical Guide to Juvenile Rights Advocacy MassHealth Estate Recovery” in the Project. Quote “Meeting and talking with youth involved Winter 2016 issue of the Boston Bar in the system while at BC Journal. Schroffner is an Alumni Law profoundly impacted my Board member and the assistant career choice.” If I Could general counsel in the Massachu- Add One More Hour to the setts Executive Office of Health and Day I would spend more time hanging out with my two kids Human Services. and my husband, Mathieu Shapiro ’95. Michael F. Mahoney was featured in an Summer Success Douglas Saphire, associate director of Career Services, moderated a pre- 96 article entitled “New dominately alumni panel on getting summer jobs at large firms. Panelists, from left: Laura Ballgame for Father, Son” by Thor Jacobs ’16, Lindsay Higgins, Jason Kropp ’02, and Erik Hawkins ’15. Jourgensen in the Lynn (MA) Daily

Item in December. In addition to ALUMNI ASSOCIATION NOTICE his personal injury law practice at the Law Offices of Michael F. The Alumni Meeting on November 4, 2016, will feature Walt Kelly ’68, who Mahoney in Lynn, MA, he teaches was featured in the Making a Murderer series on Netflix, as the guest speaker, litigation skills as an adjunct pro- immediately following the Alumni Board 2017 elections. If you have volun- fessor at BC Law. teered for the Law School since June 2015, you are a member of the Alumni Assembly and have the right to vote for members of the Alumni Board. Please was Jessica Singal Shapiro check the website at www.bc.edu/lawalumni for all association notices. named acting commissioner of the For more information on the assembly, the election, or how to join the board, contact Philadelphia (PA) Department of Christine Kelly at [email protected].

44 BC LAW MAGAZINE Summer 2016 Data Privacy Trailblazer” by the Laura E. Gibbs is a National Law Journal. A partner in founding partner at the New York, NY; Ocean, NJ; and 00 Gibbs & Heinle LLP Washington, DC, offices of Scar- in Wellesley, MA, and was previ- inci Hollenbeck LLC, he serves as ously a partner at Ginsburg Leshin chair of the firm’s cyber security Gibbs & Jones LLP in Wellesley. She and data protection group and co- is founding member of the Greater chair of the crisis and risk manage- Boston Family Law American Inn of ment group. Court, founder and executive board member of the American Academy Geaneen M. Arends of Certified Financial Litigators, was elected to serve serves on the board of the Massa- 98 as a member of the chusetts Chapter of the Association Detroit Educational Television of Family and Conciliation Courts, Foundation/Detroit Public Televi- and is a member of the Massachu- sion Board of Trustees. She is a setts Bar Association Alternative partner in the Detroit, MI, office of Dispute Resolution Committee. Butzel Long and concentrates her Amber A. Villa is director of the practice on general business law and Abandoned Housing Initiative of the commercial real estate. Massachusetts Attorney General’s Richard J. McCormick is a partner Office, where she worked previously in the New York, NY, office of as an assistant attorney general in Mayer Brown LLP. As a member the Consumer Protection Division. group, was appointed vice chair of the of the firm’s intellectual property American Bar Association’s Women in LEILA A. practice, he represents innova- Janine M. Susan is a Mergers and Acquisitions Task Force. AMINEDDOLEH ’06 tor pharmaceutical, biotech, and partner in the Boston Day Job Works to recover stolen art for clients, protect medical device companies in office of Burns & Cameron M. Luitjens 01 them against art scams, and patent infringement and licensing Levinson LLP and a member of the is an associate in the champion artists’ intel- dispute matters. firm’s intellectual property group. 05 Minneapolis, MN, lectual property and moral Her practice focuses on all areas office of Fish & Richardson and rights. Goal “Working with art Elizabeth C. Canning of chemistry, biochemistry, and focuses his practice on patent pros- objects in the legal realm is a is director of Title IX molecular biology, including small ecution and client counseling in the fascinating way to protect art and heritage for future genera- Initiatives/Clery Act molecules, as well as engineered areas of biotechnology, diagnostic 99 tions.” Art Law Foundation Compliance and Title IX coordina- monoclonal antibodies, transgenic screening platforms, therapeutics, BC Law’s IP classes and an tor at the College of the Holy Cross animals, and vaccines. and medical technology. independent study examin- in Worcester, MA. She was previ- Shana M. Solomon is a partner ing museums and their legal responsibilities to protect art in ously director of Equity and Compli- Charles A. McCullough in the Boston office of Preti Fla- the public trust. Favorite Art- ance Services and the nondiscrimi- was appointed herty and a member of the firm’s II ist Bernini—he melded beauty, nation coordinator and Title IX 03 director of the Aus- litigation and professional liability realism, and passion. Define coordinator at Johnson and Wales tralian National University North practice groups. Art Creative expression. University in Providence, RI. American Liaison Office at the Em- Sandra M. Rodriguez-Diaz was ap- bassy of Australia in Washington, Leila A. Amineddoleh pointed an administrative law judge DC, where he previously served as was featured in an at the New York City Tax Appeals Tri- deputy director of education. 06 article entitled “IP bunal. She was previously in private Litigator Says She Was Startled to practice as S.M.R.D. Estate Planning Rita-Anne O’Neill, Find that Her Art Forgery Article Law Group PLLC in New York, NY, a partner in the Los Had Been Plagiarized Online” by and specialized in estate planning, tax 04 Angeles, CA, office Martha Neil in the ABA Journal in for trusts and estates, and trusts and of Sullivan & Cromwell LLP and a April. Her written response to the estates administration. member of the firm’s general practice plagiary, “Article about Copying and

Summer 2016 BC LAW MAGAZINE 45 ESQUIRE Class Notes

Forgeries Is Plagiarized by an IP At- Lord LLP and a member of the firm’s torney,” was published on the intel- public finance practice group. lectual property law blog IPWatch- David R. Smith is special counsel dog.com. A partner and co-founder in the Palo Alto, CA, office of Wilm- of Galluzzo & Amineddoleh LLP in erHale and a member of the firm’s New York, NY, specializing in art, intellectual property practice. cultural heritage, and intellectual Victoria L. Steinberg is a partner property law, she is also an adjunct at Boston-based Collora LLP and professor at Fordham University focuses her practice in the areas of School of Law in New York, NY, and employment litigation and complex St. John’s University School of Law business litigation. in Queens, NY. Daniel E. Burgoyne is a partner at Zoe M. Argento is a Roberts, Carroll, Feldstein & Peirce recipient of the 2016 in Providence, RI, and focuses his 07 Burton Award for practice on bankruptcy and insol- distinguished legal writing for her vency law. co-authored article, “The Brave New Tiffany A. Buckley-Norwood is a World of Wearables in the Work- partner in the Detroit, MI, office of place: Privacy and Data Security Jackson Lewis PC and focuses her Concerns for Employers.” She is an practice on employment litigation associate in the Denver, CO, office and counseling. An author and fre- of Littler Mendelson PC. Previ- quent speaker on employment law ously, she taught internet, privacy, issues, she has published articles intellectual property, and torts law for the State Bar of Michigan Labor at Roger Williams University School and Employment Law Section of Law in Bristol, RI. newsletter. Kavitha Janardhan is a litigation Christopher P. McHugh is of associate at Bousquet Holstein counsel in the New York, NY, and PLLC in Syracuse, NY. She was pre- Washington, DC, offices of Green- viously an associate in the Chicago, berg Traurig LLP and focuses his IL, and New York, NY, offices of practice on investment fund and Seyfarth Shaw LLP. investment adviser matters. He Andrew R. Remming is a partner previously served as counsel to at Morris, Nichols, Arsht & Tunnell Commissioner Kara M. Stein at the LLP in Wilmington, DE, and focuses A LIFE WELL LOVED: 1921-2016 US Securities and Exchange Com- his practice on corporate restruc- ROBERT C. ROBINSON ’52 mission in Washington, DC. turing and bankruptcy. After a six-decade marriage, Robert C. Robinson ’52 and his wife, Lucille Rob- Jennifer Capasso Mendonça is a Matthew P. Ritchie is a partner inson, who received her BC undergraduate degree in 1950, passed away within partner in the Boston office of Locke at Nutter McClennen & Fish LLP in hours of each other on April 20, 2016. Robert, 95, died peacefully while Lucille, 93, was sleeping at his side. She passed away six hours later. Their love story began while Robert was at BC Law. Lucille met Robert at a BC party during Lent when he impressed her with his quick recitation of the Lenten mass schedule. In 1952, Robert and Lucille married and moved to Robert’s hometown of Portland, Maine, where they raised their four children. IN MEMORIAM Robert enjoyed a successful fifty-year career in law. He was a co-founder of the Portland law firm Robinson, Kriger & McCallum, campaign manager for former Maine Governor John Reed, general counsel for the Roman Catholic John J. Maciel ’47 John F. Testa ’54 Peter J. Cahill ’66 Diocese of Portland, and general counsel for the Catholic Charities of Maine. John W. Flynn ’50 John J. Coffey ’58 Steven H. Whiteman ’68 William J. Reynolds ’51 John J. Desmond III ’61 Richard R. O’Leary ’69 Robert C. Robinson ’52 Ronald W. Del Sesto ’65 Hon. W. James O’Neill ’71 Robert P. Malone ’53 Hon. Paul F. Healy Jr. ’65 Anita C. Miller ’73 Joseph P. Sullivan ’54 Donald J. MacDonald ’65 C. Redding Pitt ’75

46 BC LAW MAGAZINE Summer 2016 Boston and focuses his practice on mechanical, electromechanical, and complex civil litigation. In addition, software arts. he is a member of the Boston Bar YanLing (Winnie) Wang is as an as- Association Business Litigation sociate in the Philadelphia, PA, office Section Steering Committee, and of Blank Rome LLP and concen-

has represented indigent criminal trates her practice on corporate gov- 1 2 3 4 defendants and veterans on a pro ernance, mergers and acquisitions, bono basis. and general business matters. She Asha Santos is a partner in the was previously an associate at White Boston office of Littler Mendelson and Williams LLP in Philadelphia. PC and focuses her practice on employment disputes, including Mackenzie A. Mango discrimination and harassment, is an associate in the 5 6 7 8 workplace privacy and data security, 13 Boston office of Mintz and wage and hour matters. Levin and a member of the firm’s Neal Shah is a partner in the litigation practice. She was previ- SELECTED Cincinnati, OH, office of Frost ously an associate in the Boston Extraordinary Stat Of the seventeen attorneys invited to join the 2016- Brown Todd LLC and a member in office of Locke Lord LLP. She and 2017 class of the Boston Bar Association’s Public Interest Leadership Program the firm’s labor and employment Chris Queenin ’11, a litigation as- (PILP), eight are BC Law alumni. PILP Mission To promote civic engage- practice group. sociate in the Boston office of Nixon ment and public service by advancing the leadership role of lawyers in service to their community, their profession, and the Commonwealth of Massachu- is a partner in Peabody LLP, are engaged and plan Scott R. Wilson setts. Genesis PILP was launched to help new lawyers understand the meaning the Baltimore, MD, office of Miles to be married in the Trinity Chapel of community leadership and develop lasting connections beyond their existing & Stockbridge PC and a member at BC Law in August. legal networks. BC Law’s PILP fellows for 2016-2017 are: of the firm’s corporate, securities, and tax and emerging business prac- Steven J. Petkovsek 1. Richard Baldwin ’07 5. Brian McLaughlin ’04 tice groups. is an associate in the Foley Hoag Brian McLaughlin, Esq. 15 Boston office of Fish & 2. Emily Jennings ’14 6. Peter Obersheimer ’10 Jason R. Gagnon is Richardson and focuses his practice Skadden, Arps, Slate, Meagher & Flom Murphy & King a partner in the Wa- on patent prosecution and patent 3. Hannah Joseph ’13 7. David Scheffler ’07 terbury, CT, office of litigation in software, semiconduc- Beck Reed Riden Office of the Massachusetts 08 Attorney General Carmody Torrance Sandak & Hen- tor devices, medical devices, signal 4. Jane Lovins ’09 nessey LLP and focuses his practice processing, mechanical devices, and US District Court, 8. Mark Woodroffe ’14 on commercial litigation with an networks. District of Massachusetts Cooley LLP emphasis on products liability, util- ity law, and employment law.

Amy E. Bolian is an associate in the 10 Tysons Corner, VA, office of McGuireWoods LLP and a member of the firm’s health care practice. She was previously an associate in the Washington, DC, office of Jones Day.

Andrew Rejent is an associate in the 12 Boston office of Fish & Richardson and focuses his prac- PILF Auction The twenty-eighth annual fundraiser for the Law School’s Public Interest Law Foundation on March 31 drew a large tice on patent prosecution in the crowd to the offices of Morgan Lewis in Boston, where a talk by speaker Marilyn Mosby ’05 and eager bidding made for a lively evening.

Summer 2016 BC LAW MAGAZINE 47 ESQUIRE Alumni News

Here’s the thing about judicial clerkships. If you want to do Using the attorney’s connections, Wanted: one, don’t give up, whether you’re a student or a law graduate. Gottstein landed a clerkship If current trends are any indication, graduates are increas- with Judge Catherine Easter Seasoned ingly attractive to judges—often even more so than are current students, of the Alaska Superior Court in who’ve traditionally been tapped for the jobs. Anchorage. Judge Easter mostly Lawyers That’s a lesson that Sam Gottstein ’15 learned when he set his sights on handles family matters—divorce, clerking for the Alaska Supreme Court in Fairbanks. Gottstein, an Alaska child custody, parental rights. She for native and Yale grad who worked as an aid for the Alaska Legislature before turns to Gottstein, her sole clerk, attending BC Law, applied for the clerkship the summer before his 3L year. for help researching and drafting Clerkships “The Alaska Supreme Court is quite competitive, really,” Gottstein says. “A bench memos and opinions on Coveted posts are no lot of the justices fly all over the country to conduct interviews at the top the less routine, more complex longer chiefly the province of fourteen law schools.” Gottstein got a “good” rejection from Justice Daniel legal questions she encounters— law students. BY JERI ZEDER Winfrey—the justice encouraged him to apply for the following year. questions like whether a person Determined to find a clerkship before graduation, however, Gott- before her has sufficient mental stein applied to the criminal court of appeals, and when that didn’t work capacity to decide whether or not out, he reached out to an attorney he knew who was a former judge. to divorce.

48 BC LAW MAGAZINE Summer 2016 Photograph by JOSHUA CORBETT INTELLIGENCER Sam Gottstein ’15 accepted a clerkship he applied for as a 3L. The experience he earned there made him the winning Woman Strong Judy Mizner candidate for a similar position next year with Justice Daniel Winfrey of the Alaska Supreme Court. ’76 doesn’t blink in the face of tough cases as the Chief of Appeals at the Federal Pub- lic Defender’s Office for the In addition to the mentoring he ing trend: judicial clerkships, espe- districts of Massachusetts, New Hampshire, and Rhode Island. receives from his judge, Gottstein is cially federal clerkships, are increas- For her strong track record as gaining insight into legal practice. “I ingly going to experienced alumni. In an appellate advocate, she was get to see what kind of work attorneys 2006, 29 percent of federal clerkship recognized in April as the Eighth do. Sometimes you see some good applicants were alumni (the rest were Annual Woman of the Year by BC Law’s Women’s Law Center. briefs, and many times, you see some law students) and they filed 20 percent Among her accomplishments: search of an arrestee’s cell phone terrible briefs. It’s an exercise in what of applications. By 2014, 63 percent Mizner handled the initial appeal absent exigent circumstances. not to do,” he says. He adds that BC of applicants were alumni, filing 55 of Marathon bomber Dzhokhar Among the dignitaries gathered Law’s legal writing programs and his percent of applications. “Pre-reces- Tsarnaev in the First Circuit and to honor Mizner were Federal time on law review prepared him well sion, more of our federal clerkship successfully argued before the Defender Miriam Conrad, retired Supreme Court in US v Wurie, US District Court judge Nancy for his clerkships. recipients were students, and now that in which the court ultimately Gertner, and former director Next year, Gottstein, who by then has been flipped,” says Christopher held a warrant and probable of the ACLU of Massachusetts will be an experienced graduate, will Teague, senior associate director of BC cause are necessary for a police John Rubenstein. realize his law school dream. He will Law’s Office of Career Services. be clerking for Justice Winfrey of the Despite the trend toward hiring Alaska Supreme Court. alumni, BC Law students continue Dana Walsh Kumar ’13 had always to be competitive. The Law School PRIZED CHANCE TO HELP OTHERS wanted to clerk for a judge, but when recently ranked third in New England New grads awarded public service fellowships. she applied during law school, nothing after Yale and Harvard for the high- Two newly minted alumni, Meghan Morgan ’16 and Caryn Sigurdson panned out. She graduated and spent est percentage of students securing ’16, are the recipients of the 2016 Public Service Legal Fellowships. These two years at a Wall Street law firm federal clerkships at graduation over yearlong, post-graduate fellowship positions allow BC Law graduates to when, suddenly—an opportunity. the last three years. work full-time at a public interest organization or government agency. Judge Cathy Seibel of the United Professor Daniel Coquillette, chair The program aligns the Law School’s commitment to social and economic justice and its dedication to improving access to legal services. It also States District Court for the Southern of the Law School’s Judicial Clerk- enhances the mission of BC Law to train lawyers who will not merely be good District of New York ship Committee, attributes lawyers but ones who lead good lives that will enrich their communities. needed a fourth law clerk “Pre-recession, the trend to a change in the Two public service fellowships were possible this year as a result of for a complex products more of our federal federal courts’ hiring time- funding from the Law School. liability case that was clerkship recipients line, with many judges now Morgan joins the Massachusetts Office of the Attorney General’s Gov- ernment Bureau/Administrative Law Division. The Massachusetts Office of coming to trial. Kumar were students, preferring to hire experi- the Attorney General is an advocate and resource for the Commonwealth got the job, and she loves and now that has enced grads. and its residents, and is led by Attorney General Maura Healey, who is the it. “It is a high profile been flipped.” Students and alumni chief lawyer and law enforcement officer of the Commonwealth. CHRISTOPHER TEAGUE, SENIOR whose interests align with The Administrative Law Division of the Government Bureau represents case, so it’s been a good ASSOCIATE DIRECTOR OF BC LAW’S learning experience CAREER SERVICES OFFICE a court’s expertise may state agencies and state officials in a broad range of civil litigation matters and protects the public interest by defending the Commonwealth’s to see how the lawyers find that many courts are agencies that provide essential government services, programs, and public operate,” Kumar says. receptive to them. “State benefits. At the AG’s Office, Morgan will serve as a Special Assistant Erica Johanson ’05 clerked right trial courts can offer terrific experi- Attorney General and assist in the division’s representation to the state out of law school for a state superior ence for a litigator,” Coquillette says. agencies and officials it serves. court judge in Maine. Then, after A bankruptcy court clerkship would Sigurdson joins MetroWest Legal Services in Framingham. Across a service area that includes forty-one communities in Massachusetts, practicing for five-and-a-half years, be great for an aspiring bankruptcy MetroWest Legal Services provides free legal advocacy in civil cases to she landed a clerkship with Chief lawyer, a probate court clerkship for protect and advance the rights of the poor, elderly, disabled, homeless, Judge Nancy Torresen of the United an aspiring domestic relations lawyer, and other disenfranchised individuals and families so they may obtain States District Court for the District a patent tribunal or court of claims legal, social and economic justice. of Maine. “Both of my clerkships were clerkship for an aspiring intellectual As a Legal Fellow, Sigurdson will provide direct representation to victims of domestic violence. Her service delivery model will be to provide probably the most satisfying years of property lawyer. wraparound services to victims by assessing their legal needs in a list of practice that I have ever had,” she says. A judicial clerkship, Coquillette priority areas, including family law, housing, benefits, food security, health Other alums who are starting clerk- says, “is a really extraordinary experi- care access, and immigration, with the goal of resolving their legal issues ships soon are Austin Simko ’13 (Mas- ence that can change your whole view and moving them down the path to social and economic independence. sachusetts Supreme Judicial Court) of the profession and it is really worth Sigurdson will also participate in community legal education and training of community partners and other service providers. and Kelli Powell ’11 (United States doing.” He invites interested alumni to The third Law School funded post-graduate fellowship, the Prosecu- Court of Appeals for the First Circuit). reach out to the Career Services Office tor/Defender Fellowship, will be awarded by the Public Service Awards These examples speak to the grow- at [email protected] or 617-552-4345. Committee in August.

Summer 2016 BC LAW MAGAZINE 49 ESQUIRE Alumni News

My Resilient Career Elizabeth Martin ’92 takes on death, art, and health care. BY JANE WHITEHEAD

From prosecuting death penalty cases in Texas to a string of high-level executive posts at a major insurance company, with a detour into the world of art dealing, Elizabeth Martin has taken some surprising turns in her career. “You never know what’s going to happen—your best laid plans are often foiled in life,” said Martin, a straight- talking Texan who was recently named to the Dean’s Advisory Board for BC Law. Now twenty years sober, she talks frankly about the alcoholism that dogged her after law school, and the life- saving support she received from the Lawyers Helping Lawyers hotline in Austin, Texas. “Within ten minutes, a judge I argued in front of showed up at my office and took my ass to an AA meeting, and I never looked back,” she said. Four years out of law school, Martin was an Assistant Attorney General in the Office of the Texas Attorney General, representing the state in federal court litigation arising from challenges by death row inmates to their convictions and sentences. “I was arguing and writing briefs to the Supreme Court—you couldn’t ask for anything more interesting,” said Martin. But she faced an ethical quandary in a state which at the time had no public defender’s office and in which the only sentencing options for convicted murderers were life with parole or death. She was on the team of lawyers arguing the state’s case for the execution of Karla Faye Tucker. When her execution for murder in February 1998 made national headlines, Martin received death threats and was censured by the Catholic Church for her role. Torn between professional duty and her belief that Tucker had reformed in prison and deserved mercy, Martin resigned her post, bought a truck, and drove to Santa Fe, New Mexico, swearing never to practice law again. Tucker’s case affected Martin profoundly. In 1983, Elizabeth Martin, whose career moves have been in a drug-induced frenzy, Tucker had murdered her ex- inspired by injustices, boyfriend and his current girlfriend with a pickax. “She moved into the health care field after it took didn’t claim innocence. She didn’t even claim an unfair eighteen appeals for her trial. Her only claim was that she was entitled to mercy,” insurance company to honor her claim for a brain said Martin, who saw in Tucker’s brokenness a reflec- aneurysm she suffered. tion of her own struggles with alcoholism. “I was white, privileged, educated, and lucky,” she reflected, “and

50 BC LAW MAGAZINE Summer 2016 Photographs by CAITLIN CUNNINGHAM SCHOLARSHIP DINNER 2016

when I reached out, someone “I’m a nonprofit advocate, was there to grab my hand I’m a card-carrying member of and extend the lifeline.” But the ACLU, I’m about as liberal nobody was there to help Karla as you can get, with a conserva- 1 2 Faye Tucker and so many other tive company knocking on my defendants Martin saw in door,” said Martin. After sev- desperate need of treatment eral refusals, she answered the and services. knock, structured the housing In Santa Fe, Martin found deal, and started a ten-year refuge in the art world, fa- progression through United’s miliar from childhood in an Optum companies, first as artistic family. While running CEO of the New Mexico pro- a contemporary art gallery, gram, and then as national Vice 3 4 co-owning an art shop, and President of Program & Net- ultimately serving as execu- work Integrity, charged with tive director of the Santa Fe rooting out waste and fraud in Center for Contemporary Arts, health care initiatives serving she encountered many artists. around 60 million people in 39 Learning about their legal states. “I did not choose health problems prompted her to get care, it chose me,” said Martin, licensed and launch a private whose passion for delivering practice representing clients “the right care at the right time from across the spectrum of in the right place” is fueled by 5 6 the arts and philanthropy. her own hard-won personal That new life was derailed and professional battles. in 2002, when Martin suffered Martin’s latest move, in a brain aneurysm December 2015, has while exercising Torn between taken her opera- on a treadmill. “It professional duty tional experience was a hard climb and her belief that into the policy back—two years. I [executed murderer arena, as a vice was brain injured, Karla Fay] Tucker president at the 7 8 and I had to appeal had reformed in Washington, DC, my insurance prison and deserved health and human company eighteen mercy, Martin services consult- times,” she re- resigned her post, ing firm The Lewin called. Vowing that bought a truck, Group, another nobody should and drove to Santa Optum company have to fight so Fe, New Mexico, that acts as consul- hard for essen- swearing never to tant to the federal tial health care, practice law again. government and 9 10 after recovery she several states. started volun- “The public teer work as an advocate for sector is a place of incredible The Eleventh Annual Scholarship Dinner was held April 14 people with mental illness and need,” said Martin, and she at the Taj Boston Hotel. An elegant reception and dinner substance abuse issues. Her sees her new role as a chance brought donors and their student recipients together for name came to the attention of to drive positive change on an a shared evening of celebration and appreciation. insurance giant United Health even larger scale by advising 1. Michael Puzo ’77, Alyssa Fixen ’18, Christine Puzo. 2. Stacey Best ’95, Rodline Louijeune ’17. 3. Vincent Care, then looking to invest $23 on “policy and innovative ideas Nuccio, Brandon Curtin ’18, Mark Nuccio ’83. 4. Thomas Dolan, Carmen Ortiz, Patrick Kessock ’17, Mark million in supportive housing that start with government Morisi, Elaine Morisi. 5. Michael Fee ’84, Laura Zapata-Kim ’17, Elizabeth Fee. 6. Robert Keefe ’72, Kelly Morgan ’18. 7. Erika Steinbauer ’18, David Weinstein ’75. 8. David Donohue ’71, Madeline Niemi ’18, Pamela in New Mexico. endorsement and funding.” Donohue. 9. Mary Dupont, Sean Brady ’17, Robert Decelles ’72. 10. Joseph Vanek ’87, Patrick Raynor ’18.

Summer 2016 BC LAW MAGAZINE 51 ESQUIRE Click

LAW DAY 2016

Hundreds of alumni, faculty, and friends gathered at the Boston Harbor Hotel on May 3 for the annual Law Day celebration. This year’s sold-out event was the most successful yet. Six awards were prese- sented by Chair John Hanify ’74: The St. Thomas More Award: Michael Mone Jr. ’96. The William J. Kenealy, SJ, Alumnus of the Year Award: Aaron von Staats ’91. The Daniel G. Holland Lifetime Achieve- ment Award: Owen Lynch ’59. The Special Service Award: Thomas Carey ’65. The Hon. David S. Nelson Public Interest Law Award: Leon Rodriguez ’88. The Recent Graduate Award: Marilyn Mosby ’05. Save the date for Law Day 2017 at a new venue, the Hyatt Regency Boston, on April 27.

1. Aaron von Staats ’91, Thomas Burton ’96, Leon 1 2 Rodriguez ’88, Michael Mone Jr. ’96, Marilyn Mosby ’05, John Hanify ’74, Thomas Carey ’65, Owen Lynch ’59. 2. John Hanify ’74. 3. Marian Ryan ’79, Marilyn Mosby ’05. 4. Russell Conn ’77, Prof. Alfred Yen, Len DeLuca ’77. 5. Leo Boyle ’71, Paul Sugarman, Charles Reidy ’67. 6. Michael Puzo ’77, Dean Vincent Rougeau. 7. The Mone family. 8. Warren Tolman ’86, Ralph Lepore ’79.

LAW DAY 2016 SPONSORS 3 GOLD

SILVER

BRONZE Choate Hall & Stewart 4 5 Esdaile, Barrett, Jacobs & Mone Goulston & Storrs Holland & Knight Mintz, Levin, Cohn, Ferris, Glovsky and Popeo

MAROON Collora Conn Kavanaugh Rosenthal Peisch & Ford Crowe & Mulvey Hemenway & Barnes Liberty Mutual Lynch Brewer Hoffman & Fink McGrath & Kane 7 Meehan, Boyle, Black & Bogdanow Morgan, Brown & Joy Morgan, Lewis & Bockius Nutter McClennen & Fish O’Malley and Harvey Proskauer Rose Seyfarth Shaw Sloane and Walsh Sugarman and Sugarman Thomas J. Carey Jr. Witmer, Karp, Warner & Ryan

PATRON Adler Pollock & Sheehan 6 8 Beck Reed Riden

To view photos of Law Day, 52 BC LAW MAGAZINE Summer 2016 go to www.bc.edu/lawday. Photographs by FRANK CURRAN COMMENCEMENT 2016

US Senator Jeanne Shaheen, bottom left, of New Hampshire addressed two hundred and twenty-seven JD and fifteen LLM graduates at BC Law’s eighty-fourth Commencement on May 27. The only woman to be elected as both a Governor and US Senator, Shaheen urged the graduates to be good stewards of the legal system, saying, “BC Law has equipped you with something perhaps more valuable than a diploma. Here, you have been taught to be ‘men and women for others.’”

To view the video of Commencement, go to www.bc.edu/lawcommencement.

Photographs by CAITLIN CUNNINGHAM Summer 2016 BC LAW MAGAZINE 53 ESQUIRE Light the World

Alumni REACHING NEW HEIGHTS Community Surpasses Goal for $63,912,809 Light the World Raised for BC Law Boston College Law School recently All numbers reflect totals during the life of the campaign, June 1, 2004, to present closed out its most ambitious fundraising effort ever—part of the University-wide Light the World campaign—with gifts and pledges totaling nearly $64 million, more $23.2 Million than 25 percent beyond its original goal. Designated to the Law School Fund, which provides immediate, flexible support “This was a remarkable achievement, to address strategic priorities and seize new opportunities particularly given the economic conditions in place when the campaign held its public launch in 2008,” says Jessica Cashdan, Additionally, gifts were designated to these key BC Law priorities: executive director of advancement and associate dean. “Our success is due entirely to Facilities the hard work and commitment of alumni, $1,182,759 students, faculty, parents, and friends who embraced the campaign’s potential to secure a bright future for BC Law.” Faculty Professorships + Research Among the largest areas to benefit are $10,022,166 life-changing financial aid, vital support for faculty scholarship, and major investments in new centers of excellence. The campaign also helped fund numerous public service initiatives and curricular innovations that strengthen BC Law’s position as one of the Loan Repayment premier law schools in the nation. Assistance Above all, the campaign has helped $3,215,484 maintain BC Law’s impressive track record in preparing students to play meaningful roles throughout society. From law Public Interest Centers of firms to boardrooms, from government $1,766,936 Excellence/ agencies to legislatures, from nonprofit Academic organizations to entrepreneurial ven- Financial Aid Initiatives tures, our graduates make a difference in $12,860,405 $7,833,199 every aspect of social, legal, and political life in this country. “The Light the World campaign has strengthened our ability to deliver on our commitment to prepare today’s students to become tomorrow’s leaders,” notes Dean Vincent Rougeau. “We extend deep Designation Other• gratitude to each and every person who Pending•• $537,413 played a role in this success.” $3,251,868

•Includes student service trips, student prizes, and special events 54 BC LAW MAGAZINE Winter 2016 ••Includes bequest intentions CAMPAIGN DONORS** ADVANCING EXCELLENCE

$7.5 Million+ Dennis A. Lalli ’77 Anne P. Jones ’61 1,273 Phyllis and Jerome Lyle Joan Lukey ’74 and Robert P. ’75 and Jeanne Joy PILF summer stipends awarded Rappaport Philip D. Stevenson* Paul M. ’70 and Raymond T. Mancini Ellen Ennis Kane P ’93, ’92 $3 Million+ Christopher C. ’75 and Donald M. Keller ’83 Liberty Mutual Laura Lee Mansfield John M. and Lizanne T. Kenney Robert C. Mendelson ’80 George M. Kunath ’73 963 $2 Million+ James M. ’73 and Lisa Micali* Mark Leddy ’71 Alumni received loan repayment Arbella Foundation Raymond F. ’61 and Peggy Ann Leen assistance—100% of all eligible applicants Marianne D. Short ’76 and Pamelee Murphy* James Lerner ’80, P’14 Raymond L. Skowyra* Jeanne M. Picerne ’92 David Leslie ’74, P ’07 Ronald R.S. Picerne P ’92 Douglas J. MacMaster ’58 $1 Million+ Michael J. Richman ’85 Elizabeth A. Martin ’92 Four Anonymous* Jeffrey S. Sabin ’77 William A. McCormack ’67 New professorships endowed James A. ’68 and Lois Champy* John H. Schaaf ’51* † James McDermott ’80 and Leonard F. ’77 and Geri DeLuca* William ’82 and Cynthia Simon Sharon Bazarian David and Pamela Donohue Assistant Professorship David A.T. ’71 and David M. ’76 and Lisa Solomon John J. McHale ’75 William J. Kenealy, SJ, Professorship Pamela Donohue John A. ’81 and Kathleen M. McKenna ’78 Liberty Mutual Professorship Charles J. ’59 and Patrice Tarantino P ’12 Michael E. ’67 and Jerome Lyle Rappaport Visiting Professorship Barbara Gulino* Margaret Supple Mone P ’96 Edward R. ’71 and Patricia Leahy* $100,000+ John T. ’75 and David C. Weinstein ’75 Anonymous (2) Kristin Montgomery P ’11, ’06 Anonymous* Daniel F. ’75 and Two $750,000+ John F. Boc ’74, P ’07 Jane E. Murphy Jr. Centers of excellence launched Robert K. Decelles ’72 and John F. ’74 and Carole Bronzo P ’11 Albert A. Notini ’83 Rappaport Center for Law and Public Policy Mary L. DuPont* George G. ’59 and Mark Nuccio ’78 Center for Experiential Learning Estate of Tedd J. ’35 and Sandra Backofen Burke* P ’92 Estate of Frank Oliver Victoria E. Syak Joseph H. Burke ’72 Amy Parker ’13 Philip Cahill ’48* Martin ’90 and $500,000+ Richard Campbell ’74 Kathleen ’90 Pasqualini Roger M. ’62 and Robert C. Ciricillo ’70* Robert and 436 Barbara Bougie* Denis P. Cohen ’76* Kathleen Paulus P ’05 Research grants awarded to faculty Kimberly L. and Paul T. Dacier Daniel R. Coquillette P ’96 R. Robert Popeo ’61, P ’98, ’94 Robert D. Keefe ’72 John J. ’57 † and Francis D. Privitera ’56, P ’95, ’95

A UNITED COMMUNITY Michael H. ’83 and Helen Lee Mary D. Curtin † P ’90, ’88 Philip J. Privitera ’95 Miss Wallace Minot Leonard Lidia B. ’80 and Hon. and Mrs. James F. Foundation David W. Devonshire † Queenan ‘53 Michael J. ’77 and John D. Donovan ’81 and Jeffrey Renzulli ’92 9,913 Christine Marie Puzo* Donna L. Hale Patricia K. Rocha ’82, P’14 Alumni, students, parents, Lawrence Ruttman ’58* Clover M. Drinkwater ’81 Kitt ’77 and Heather B. Sawitsky* and friends made gifts Joseph M. ’87 and Laura Vanek Douglass N. ’72 and Kathleen E. Shannon ’75 Caroline A. Ellis Richard A. and $250,000+ Michael K. ’84 and Joanne M. Spillane P ’12 Anonymous (2) Elizabeth C. Fee P ’15 James F. Stapleton ’57 92+% Anonymous* Deborah Beth Goldberg ‘83 Debra Brown Steinberg ’79 Of 3Ls now give each year to the Hugh J. and Martina David Ault* and Michael Winter Paul E. Sullivan ’69 Graduation Gift Campaign Kathryn J. Barton ’87 Goulston & Storrs Robert A. Trevisani ’58 John F. Donohue and Michael A. Hacker ’78, P’13 WilmerHale Frances L. Robinson John D. ’74 and David Wirth* Ellen S. ’75 and Jeffrey G. Huvelle* Barbara F. Hanify P ’17 Douglas L. ’78 and

98% William M. Kargman ’67, P ’11 John E. Henry ’91 Maureen E. Wisner Of faculty made a gift in the final year Kieran Estate Harold Hestnes ’61 Joanne Caruso ’85 and of the campaign Brian J. Knez ’84 Thomas P. Jalkut ‘76 Thomas ’84 Zaccaro

* Includes a legacy gift designated to BC Law School ** Includes gifts and pledges made between June 1, 2004 and present †Deceased Winter 2016 BC LAW MAGAZINE 55 ESQUIRE The A WEEKEND TO REMEMBER More than 570 alumni Reunion and friends celebrated Reunion and Alumni Weekend 2015 last No- Terence P. O’Malley Robert B. Carpenter vember. It was wonderful Giving Alan K. Posner Howard L. Drescher to see so many alumni— Norman C. Sabbey Ellen Mattingly Driscoll young and old—recon- Michael D. Saunders Stephen K. Fogg necting with classmates, Walter R. Smith Kevin P. Glasheen professors, and our Report Kurt M. Swenson Bruce A. Haverberg beloved alma matter. Michael Carlin Towers Robert P. Joy The weekend kicked Mark W. Vaughn Richard G. Kent Stephen W. Webster Anne Maxwell off with a Thursday evening reception for BC Livingston Law alumni who serve in the US Congress. 2015 Paul F. Lorincz Friday’s events included the official launch of Class of 1975 Ronald C. Markoff the Rappaport Center for Law and Public Policy 40th Reunion Richard B. McNamara Class of 1965 featuring distinguished female leaders discuss- $10,000+ Class Gift Total: $322,947 Ruth McNiff ing the gender gap in politics. The Alumni 50th Reunion Frederic N. Halstrom Class Participation: 29% Kathryn Cochrane Assembly followed with keynote speaker David Class Gift Total: $37,635 $5,000+ Murphy Simas ’95, director of White House Office of Class Participation: 22% Richard J. Schulman $100,000+ Marshall F. Newman Political Strategy and Outreach. Friday evening $2,500+ Ellen Huvelle Clifford Orent concluded with our much-loved Bar Review. $25,000+ David Thomas Gay John T. Montgomery Mark L. Ostrovsky Paul McNamara Paul M. Kane $50,000+ George E. Pember Saturday’s festivities at the Ritz-Carlton $5,000+ Peter W. Fink John McHale Marcia Allara Peraza started with alumni and faculty panels exploring Clifford J. Ehrlich Edward P. Henneberry $25,000+ Jean S. Perwin † various topics: the death penalty, the role of Andrew J. McElaney David Weinstein Helen S. Rakove corporations in today’s society, the emergence of Additional Donors Thomas F. Reilly Kathleen E. Shannon Stephen R. Rubenstein caregivers’ discrimination law, and equal access Howard J. Alperin $1,500+ $10,000+ Donna M. Sherry to justice. Later, Dean’s Council members gath- Constance Jane Betley Donald C. Hillman Elizabeth A. Deakin James M. Smith ered for a reception with Dean Vincent Rougeau, Edward M. Bloom Christopher C. Mansfield William S. Stowe who expressed deep gratitude for their support. Mary Egan Boland Additional Donors Daniel F. Murphy Jeffrey M. White The evening culminated with spirited class din- Thomas J. Carey Philip Abraham Kenneth S. Prince Harry H. Wise Robert J. Zapf ners where alumni shared updates and stories Rae B. Condon Victor A. Aronow $5,000+ James J. Coogan Michael R. Berlowitz Terrence A. McGinnis about their professional and personal lives. John F. Dobbyn Louis B. Blumenfeld Kevin P. Phillips To mark their reunion milestone, many Thomas J. Dorchak Andrew J. Chwalibog Jaffe D. Dickerson Class of 1980 alumni were inspired to make a gift and encour- Sidney P. Feldman Robert C. Ciricillo $2,500+ 35th Reunion aged their classmates to do the same. The total George M. Ford Robert S. Cohen Howard W. Burns Class Gift Total: $224,291 amount raised from reunion classes exceeded Francis J. Frasier Mary M. Connolly James L. Rudolph Class Participation: 19% $1.24 million. Special congratulations to the Frank E. Green Thomas A. Coughlin Ruth S. Hochberger Class of 1975, which raised the most with gifts Philip P. Hudock Thomas M. Cryan Kathleen King Parker $100,000+ and pledges totaling $322,947. Paul R. Lawless Christopher E. Doyle C. Stephen Parker James McDermott Planning for Reunion and Alumni Weekend William J. McDonald John M. Farrington $1,500+ $25,000+ 2016 is well under way for November 4-5. If John F. McDonough Eugene P. Flynn William T. Baldwin F. Thomas O’Halloran Peter J. Norton Charles B. Gibbons Kevin B. Belford Robert Mendelson your graduation year ends with 1 or 6, please Richard W. Norton James S. Goldberg Daniel C. Crane $10,000+ mark your calendars. Please also consider serv- Nick Soloway Richard J. Hindlian William F. Joy James H. Lerner ing on your class reunion committee. To join or Frances X. Hogan Charles F. Rogers $5,000+ learn more, contact the BC Law Alumni Office Fred Hopengarten Kathleen F. McCarthy Fradique A. Rocha Class of 1970 at [email protected]. Peter J. Kilmartin Eugene A. Skowronski $2,500+ We hope to see you there. 45th Reunion Joseph M. Kozak Thomas A. Barnico Class Gift Total: $ 159,265 Willard Krasnow Additional Donors $1,500+ Margie Palladino ’85 Class Participation: 35% Edward J. Krisor Berndt W. Anderson Lidia B. Devonshire FORMER ALUMNI BOARD MEMBER; Peter G. Marino David M. Banash James R. Repetti MEMBER, CLASS OF $100,000+ David S. Mercer Michael J. Betcher Susan L. Repetti 1985 REUNION COMMITTEE Anonymous Richard T. Moses Elizabeth Butler Francine T. Sherman

56 BC LAW MAGAZINE Summer 2016 † Deceased Additional Donors Dannel P. Malloy $50,000+ Carol M. Connelly Polly Rutherford Dowton Rebecca P. McIntyre Cheryl M. Cronin Richard G. McLaughry Michael Richman Maria Hickey Jacobson Paulette A. Furness Stephen E. Meunier Kathleen C. Caldwell Janet Wilson Moore $25,000+ Walter A. Reynoso Ronald T. Gerwatowski Peter M. Michelson Eva H. Clark James F. Raymond Mark Michalowski Joseph M. Stockwell Sheila B. Giglio David T. Miele Foster Jay Cooperstein Michael Roitman $10,000+ Robert J. Gilson Tracy A. Miner Mary E. Corbett Linda J. Sanderson David P. Curtin Additional Donors Lisa R. Gorman Laura A. More Louise Richter Corman Larry G. J. Shapiro Scott A. Faust Alicia Alvarez David A. Grossbaum Fritz Neil Edward F. Donnelly Winthrop A. Short David P. Fialkow Nancy A. Armstrong Joseph M. Hamilton Nancy G. O’Donnell Neil S. Ende Dana J. St. James Margaret J. Palladino David L. Arons Nina V. Huber William P. O’Donnell Lawrence E. Fleder Alan R. Tousignant Sharon R. Ryan Stephen K. Ault Cynthia Kaluza Hern Herbert G. Ogden Jeffrey D. Ginzberg John Michael Joanne Caruso Zaccaro Christopher A. Bandazian Robert D. Hoffman Julie K. O’Neil Gary R. Greene Tucciarone $5,000+ Julie Johnstone Bernard Renee M. Landers Jonathan W. Painter Steven S. Greenzang Steven A. Wilcox Ramona Gail See Laurel E. Bretta Wendy B. Levine Robin A. Painter Carol A. Gross Nancy R. Wilsker Toby G. Brink Frank A. Lombardi Judith M. Woo Poutasse Thomas R. Hanna Dion C. Wilson $2,500+ Kimberly M. Collins Anne Cushing Magner Virginia S. Renick Constance S. Huttner Paul E. Bouton John Phillips Connelly Mary Beth Martin Eugene R. Richard Stephen J. Imbriglia Geoffrey E. Hobart Richard Placido Consoli Jill L. Matsumoto Toby B. Richard Susan L. Kantrowitz Class of 1985 David A. McKay Mark C. Cowan Susan A. Maze-Rothstein Judith Duker Rosenberg Ann Kendall 30th Reunion $1,500+ David J. Doneski Kathleen C. McCabe Michael L. Roy Katherine J. Keuthen Class Gift Total: $223,619 Maureen Bennett Judith A. Davidow James G. McGiffin Ettore A. Santucci Michael F. Magistrali Class Participation: 32% Kevin M. Burke Melissa M. Der Lisa M. McGrath Richard A. Sawin

Illustration by ALISON SEIFFER Summer 2016 BC LAW MAGAZINE 57 ESQUIRE

The Reunion Giving Report 2015

Class of 2000 Lloyd Elliot Selbst Jessica D. Gray Additional Donors $2,500+ Ryan T. Sykora Mary Ann Snyder Julie A. Hardy Danilo Antonio Avalon 15th Reunion Julia Yong-Hee Park Aric J. Wong Laury P. Sorensen Thomas H. Hayman Stacey A. L. Best Class Gift Total: $50,760 $1,500+ Mary Ellen P. Sowyrda Karen Mendalka Marc W. Boland Class Participation: 14% Puja M. Kaul Additional Donors Constance Sprauer Hoerrner Garrett J. Bradley Robert J. Amara Deborah S. Steenland Mark Damian Hoerrner Heather M. Bradley $25,000+ Additional Donors Christine J. Bang Sherri Federbush Jared W. Huffman David William Brown Louis P.A. Lehot Erik G. Barrios Alexander X. Berrio Stepakoff Walter E. Judge Catherine Sheehan $1,500+ Ashburn H. Bywaters Matamoros Jane E. Sullivan Yvette L. Kruger Bruno Tamara Devieux-Adams Kathleen M. Celio Alexandra C. Boudreau Michael A. Sullivan Carmel Anne Leonard Christopher A. Callanan Joseph Justin Mueller Javier Chavez Kathleen M. Brill David E. Surprenant Joni Katz Mackler Frances Rosaly Colon Suzanne E. Murray Charity R. Clark Keith E. Clayton Ann N. Townes Raul E. Martinez Sarah Elisabeth Curi Stacey Nicole Schmidt Rebecca Tobin Elizabeth A. Clerkin Karen Barrios Vazquez Kevin J. McCaughey John W. Dinneen Craven Tobias W. Crawford Mark Vogel Maura K. McKeever Susan Christine Ellison Additional Donors Dietrich P. Epperson Dallas N. Cruz Terry Barchenko Rosemary E. Mullaly Rebecca H. Ethier Cleora S. Anderson Ross E. Firsenbaum Mariel S. Dator Weigel Colleen M. Murphy Scott Carter Ford Eric Darnell Anderson David A. Giordano Brian K. Doxtader Peter E. Wies Alicia Mawn-Mahlau Scot Edward Gabriel Patricia E. Antezana Dominic A. Gomez Irina Feldman Audrey L. Yee Sam A. Mawn-Mahlau Glenn Gates Joshua M. Bowman Brigid A. Harrington D’andre T. Fernandez Lorenzo A. Mendizabal Brett M. Goldberg Mary Liz Brenninkmeyer Kevin C. Heffel Aaron W. Fine Mary Ellen Natale Victoria Lyn Grady Eric M. Chodkowski Misha K. Hill Tammy H. Fish Class of 1990 Aaron Martin Nisenson David Hammer Charmaine Clyde John V. Hobgood Michael B. Garvey 25th Reunion Maureen O’Halloran, Joseph Laurence Harrold Enrique Goicoa Colbert Matthew P. Horvitz Andrew M. Golden Class Gift Total: $148,790 R.S.C.J. Heather Lynn Hayes Julia K.M. Conlin Patrick A. Jackson Angela Guarino Class Participation: 25% Melanie Mitchell Denise Hilger Gregory Paul Connor Erica M. Johanson Teresa K. Hau Pagano Duncan Baker Hollis Lorie K. Dakessian Bradley T. King Igor Helman $50,000+ Michelle R. Peirce John Legus Hunt Michelle Dawn Kalavoda Rebecca A. Koch Harriet A. Hoder Deirdre O’Connor Quinn Stephen Joseph Pender Melinda Robbin Davis John S. Logan Julia W. Holliday $25,000+ Amy Dwyer Ravitz Lawrence John M. Dealy John A. McBrine Hilary C. Jaffe Kathleen O. Pasqualini John Reily Edouard Charles LeFevre Susan Harriette Easton Robert M. McGill Emily B. Kanstroom Martin J. Pasqualini Alina Pilar Reynolds Sandra Lespinasse Sarah Weyland Ellis Stacie M. Moeser Ryan F. Kelley $10,000+ Lori A. Rutledge Shannon M. Lynch Susan Flanagan-Cahil Conor T. Mulcahy Arthur E. Kimball- Anonymous Marci J. Silverman Pamela B. Lyons Sean M. Fontes Julie A. Muse-Fisher Stanley Diane Bunt Power Ruth C. Slocum Maura Katherine Heather E. Hall Kristin A. Pacio David Koha Deborah C. Segal Charles Lorin Solomont McKelvey Christina Latta Henry Joseph C. Perry Margaretta Homsey $5,000+ Nancy L. Sommer Joseph P. Mingolla David Moses Jellinek Christian A. Rivera Kroeger Erik P. Kimball Daniel C. Stockford Lisa Nalchajian Christopher B. Samuel Roy Weldon Peter Alexander Laserna $2,500+ Rajaram Suryanarayan Mingolla Kaczmarek Price Adam M. Leamon Timothy J. Byrne Christopher T. Kimberly Short Morgner Robert M. Lafferty Chiquisha R. Colin Salter Levy Joseph P. Curtin Vrountas Nicole Shurman Murray Scott S. Mazur Robinson Nathan N. McConarty Adolfo E. Jimenez Tony Tiu Yeh Vincente Matias Murrell Danielle L. Meagher Jennie Santos-Bourne Michael John David Harris Resnicoff Dana Ng Kevin M. Meagher Stephanie S. St. Louis McMahon Brenda Ruel Sharton Susan J. Nock Kamyar Mehdiyoun Julia B. Vacek Wilde Marie H. Mueller Class of 1995 $1,500+ John D. Norberg Andrew C. Murphy Emily A. Vainieri Caitlin M. Mulligan Kevin M. McGinty 20th Reunion Lisa M. Ortiz Jennifer Clark Pearson Rosalind Valcimond Jorge Ernesto Munio Patricia E. Muse Class Gift Total: $43,815 A. Paul Rimas Rebecca O’Brien Radford Morgan C. Nighan Maribeth Petrizzi Class Participation: 22% Ana M. Rivera Richard C. Rossi Daniel P. O’Connor Cheryl Lynn Shaw Mathieu Shapiro Joseph Edward Ruccio Class of 2010 Peter C. Obersheimer $5,000+ Alexis H. Shapiro Diana M. Steel 5th Reunion Jennifer L. Olson Additional Donors Michele Goodwin Shaun B. Spencer Donaldine B. Temple Class Gift Total: $21,035 Jessica L. Palumbo Albert P. Bedecarre George H. Harris Marcus Lovell Stevenson Toiya L. Taylor Class Participation: 21% Leslie Dougherty Parker Rhonda Beninati Philip Privitera Amy Corn Suffredini Amber Villa Ricardo Brandon Rios Ivelisse J. Berio Lebeau $1,500+ Brian Richard Suffredini Steven P. Wright $1,000+ Kareema O. Scott Alison F. Blackwell Eric Einhorn Louisa McKay Terrell Matthew J. Bouillon Jenny Shum Paul Buchanan Joshua S. Goodman Paula J. Testa Irina Feldman Nicholas T. Stack Colleen A. Conry James Joseph Mawn Andrew F. Upton Class of 2005 Yan Kuznetsov Richard Alan Subrizio Kenneth Victor Desmond Denise Ann Pelletier Carlos Zimmerman- 10th Reunion James E. Martin Amanda Tenerella- Brian C. Dunning Ingrid Chiemi Diaz Class Gift Total: $12,135 Louis Vincent Sorgi Brody

Carol Ann Dunning Schroffner Jill Zimmerman-Diaz Class Participation: 15% Jason M. Swergold Paul A. Trifiletti CAITLIN CUNNINGHAM PHOTOGRAPH,

58 BC LAW MAGAZINE Summer 2016 You’re Invited!

Join your classmates and colleagues at BC Law’s biggest celebrations.

REUNION & ALUMNI WEEKEND NOVEMBER 4 & 5, 2016 FOR ALUMNI WHO GRADUATED IN CLASSES WITH YEARS ENDING IN 1 OR 6. Join us for this weekend-long celebration of social, academic, and networking events on campus and at the Ritz-Carlton in Boston.

To join your Reunion Class Committee or learn more, visit www. bc.edu/lawreunion or contact BC Law’s Alumni Association at 617-552-4378 or [email protected].

BOSTON HOLIDAY RECEPTION DECEMBER 8, 2016 6:00–8:00 P.M. BOSTON MARRIOTT LONG WHARF 296 STATE STREET, BOSTON Celebrate the holiday season with alumni and faculty. .

To view alumni events around the country, visit bc.edu/lawalumni.

LAW DAY / APRIL 27, 2017 HYATT REGENCY BOSTON 1 AVENUE DE LAFAYETTE, BOSTON Honor outstanding individuals for their courage and commitment to the ideals of BC Law School. Proceeds go to the Law School Fund for student scholarships.

To view awards and make a nomination, visit bc.edu/lawday. In Closing

compel Apple to rewrite its operating system and permit the FBI to hack into one of the attackers’ phones. The government—in the courts and in the public sphere— framed this request as a matter of national security. In reality, as it was quickly revealed, the FBI had similar requests in nine other cases, none of them concerning national security. One, in fact, involved a New York drug dealer whose iPhone the FBI wanted to hack simply to identify his customers. Another startling example was the show of force by militarized police in Ferguson, Missouri, in response to unrest after a black teenager was shot by a white officer in 2014. The police hit the streets with armored tanks, gas masks, and assault rifles, equipment police forces nationwide had begun acquiring after Congress authorized the buildup in 1997 to protect citizens from terrorism. The scene in Ferguson, a sight usually reserved for military coups in Third World countries, was so unsettling that the call to curtail the militarization of police forces ensued. My secondary worry is that the urgent and ratcheted calls to prevent terrorism are not keeping the threat in perspective. The actual fatalities from terrorism are low. Between 2001 and 2013, in the United States, 3,380 people were killed in terrorist attacks and 406,496 were killed by gun violence. Starting at 2002 (to take out 9/11), the numbers are 390 to 376,923. Put another way, since 2002, toddlers with access to guns have killed more Americans than have terrorists. In thinking about terrorism, then, my call is to care- fully consider the costs of expanded law enforcement initiatives. Not all societies respond with a loss of civil liberties. In 2012, Norway experienced its most brutal act of terrorism, a deranged extremist who massacred sev- What We Sacrifice for Security enty-seven people (mostly teenagers). Two days after the tragedy, Prime Minister Jens Stoltenberg, in an address Do law enforcement powers threaten our liberties? BY KARI HONG to his nation, rejected a call for vengeance. He spoke in It is hard to imagine crimes more devastating to the public than ter- favor of freedom, not in acquiescence to aggression: “Our rorist acts. The immediate victims, by design, are innocent bystand- response is more democracy, more openness, and more ers who include children, the elderly, and others who are simply humanity,” he said. “We will answer hatred with love.” Likewise, the toughest response to terrorism is not chosen at random. As those who live in Boston know all too well, the always the smartest. As a criticism of the torture used in harm is not confined to the initial crime scene: The lasting impact is Guantanamo Bay, retired WWII military interrogators felt by all in public spaces and at public celebrations for years after remarked that they had been able to successfully obtain the event. ¶ I do not want to minimize the inhumanity driving these information from Nazi captives in games of chess and crimes or the depravity motivating the terrorists who engage in such ping pong. Benjamin Franklin once observed that “those misguided attacks. ¶ But, from my experience in the defense bar, my who surrender liberty for security will not have, nor do primary concern is that the threat of terrorist attacks is expanding they deserve, either one.” To avoid Franklin’s prophecy, my hope is that anti-terrorism measures remain targeted law enforcement powers—powers that, if not kept in check, imperil and proportionate. important civil liberties. ¶ One recent example of excessive might was the recent iPhone lawsuit by the FBI. Shortly after the Decem- Assistant Professor Kari Hong is an expert in criminal law ber San Bernardino terrorist attack, the FBI sought a court order to and founder of BC Law’s BC Ninth Circuit Appellate Program.

60 BC LAW MAGAZINE Summer 2016 Illustration by CURT MERLO I remember my years at Boston College Law School as among the best in my life. “ Father Drinan awarded me a Presidential Scholarship. I met my wife, Patricia, there. I am still in touch with some of my professors. Many of my classmates became my clients, and many more remain my friends.

“If my gift can help others have experiences like this, that—in and of itself—is reason enough for giving.”

—Edward R. Leahy ’71

LEAVE YOUR LEGACY

Join Ed Leahy ’71 and other alumni who have made a bequest, trust, or other planned gift to BC Law.

To learn more, contact Jessica Cashdan, associate dean of advancement, at 617-552-3536 or [email protected]. Boston College Law School 885 Centre Street Non-profit org Newton, MA 02459-1163 U.S. Postage PAID Burlington, VT Permit No. 19

Today’s Students. Tomorrow’s Leaders.

With help from the Law School Fund, Esther Adetunji ’11 has realized her dream of becoming a lawyer.

Now a senior staff attorney at Bread for the City in Washington, D.C., she envisions a career protecting human rights on the local and international stage.

Your gift makes it possible. bc.edu/lawschoolfund

ONE COMMUNITY. ONE MISSION. JUSTICE FOR ALL.