Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Magazine 10-1-2008 BC Law Magazine Fall/Winter 2008 Boston College Law School Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclsm Part of the Legal Education Commons Recommended Citation Boston College Law School, "BC Law Magazine Fall/Winter 2008" (2008). Boston College Law School Magazine. Book 33. http://lawdigitalcommons.bc.edu/bclsm/33 This Magazine is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Magazine by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. JUVENILE RIGHTS COME OF AGE ADVISING OBAMA- REPORT ON GIVING REGISTER FOR Be LAWNET BY FEBRUARY 15, 2009 a nd you' /I be entered to win ani Pod Touch! Contents FALL I WINTER 2008 VOLUME 17 I NU MBER 1 D EPA H T 1\1 E ~ T S 2 In Limine 3 Behind the Columns 4 In Brief I I Legal Currents WHALE WATCH Lessons from the deep LEGAL DOCTORS Their unexpected value LAW'S DOUBLE STANDARD Security vs. liberty 3 I Faculty SCHOLAR'S FORUM Controlling digital speech FEATl- RES PROFILE: Ingrid Hillinger e.. BENCHMARKS I4 The Heist ACADEMIC VITAE Chris Hunter '98 helped topple an international Esquire ring of art thieves, successfully prosecuting the ALUMNI NEWS stateside case thanks to multi-agency collaboration REUNION 2008 and a transcendent mission to recover the GENERATIONS missing masterworks CLASS NOTES By Chad Konnecky 49 Light the World 20 Dear Mr. President Campaign Report We assembled our own presidential Cabinet Point of View of experts. BC Law faculty offer advice 54 to Barack 0 bama 55 Report on Giving Compiled by David Reich 76 In Closing 24 Girl Power Through holistic strategies, a law clinic helps troubled girls find their way-and shapes the future of the juvenile justice system By Jeri Zeder On the Cover: Illustration by Franklin Hammond FALL I WINTER 200 8 I Be LAW MAGAZI NE [ I N LIMINE] BC ILAW FALL / WINTER 2008 Calling All Cases VOLUME 17 NUMBER 1 D ea n John H. Garvey "Great Cases" series needs YOU Edi t or in Chie f Vicki Sanders ([email protected]) e floated a (ahem) trial balloon two issues ago with the idea for W a new series in the magazine called "Great Cases." So many BC Art Director Law alumni- be they litigators, corporate deal makers, pro Annette Trivette bono advocates, or mediators-resolve disputes or broker deals big and small every day. And some of their cases are exemplary. C ontributing Ed it o rs The story of Chris Hunter's prosecution of perpetrators of an art heist Deborah J. Wakefield in France in 2007 is as impressive as it is thrilling (see Page 14). The stuff Tiffany Wilding-White of screenplays, it is filled with a bold motorcycle getaway, undercover rendezvous, and whiz bang intelligence gathering. In the previous issue, Contribu t ing Wr i ters we featured an entirely different "Great Case," about the stupefyingly Sarah Auberbach complex merger of the Mittal and Arcelor steel companies in which Mark Erin Albright '10 Leddy '71 played a part. Marlissa Briggett '91 So, here's the deal. Do you have a case in your repertoire that you'd Terry Byrne like to share? Or maybe you've been impressed by the work of a fellow Chad Konecky alumnus? Please don't keep these cases a secret. Contact me at 617-552- Michael O'Donnell '04 28 73 or [email protected]. David Reich Not all the accomplishments of our alumni have the gloss of movie Jane Whitehead glamour, but there is plenty of evidence of star performances in the legal Jeri Zeder trenches. Take, for instance, the work of Francine Sherman '80, adjunct associate clinical professor and founder of the Juvenile Rights Advocacy Pho t ographe rs Project here. Over the past dozen or so years, she has built a pro­ Suzi Camarata gram for troubled girls that has changed hundreds of their lives Charles Gauthier and-perhaps more fundamentally- begun to change the system Michael Manning that serves them. Read about the national impact Sherman and her Dana Smith BC Law students have had as they've taken on the twin goliaths of adolescence and failed policy in "Girl Power" on Page 24. Design & P ri nt i ng Policymakers have a new spring in their step, thanks to the arrival Imperial Company of Barack Obama in the White House. But where do these wonks get their ideas? In part, from scholars like the BC Law professors quoted in "Dear Boston Coll ege Law School of Mr. President" on Page 20. Our "Cabinet" weighs in on everything from Newton, Massachusetts 02459-1163, publishes Be Law Magazine two times the environment to taxes, from corporate governance to immigration. a year: in January and June. Be Law Also from the academic front, we learn how nimble our professors Magazine is printed by Imperial Company in West Lebanon, NH. We welcome can be in a financial crisis. Student columnist Arthur Kimball-Stanley '10 readers' comments. Contact us by phone observes in "The Silver Lining" on Page 76 that the teachers deftly inte­ at 617-552-2873; by mail at Boston Coll ege Law School, Barat House, 885 grated current affairs into their classes last fall, enlivening discussions of, Centre Street, Newton, MA 02459-1163; say, free markets and regulation and adding immediacy to the dusty or by email at [email protected]. Copy­ lessons of the Great Depression. right © 2008, Boston College Law School. All publication rights reserved. And finally, though it may seem counterintuitive in the current eco­ Opinions expressed in Be Law nomic climate, we introduce in this magazine the Light the World Cam­ Magazine do not necessarily reflect the views of Boston College Law School or paign Report (Page 49), which brings you news of the launch of BC Law's Boston Co ll ege. endeavor to raise $50 million by 2015. In this and future issues, we will keep you apprised of the champions of this project and of its progress. Vicki Sanders Editor in Chief 2 Be L AW M AG A Z I NE FA LL I W I N TER 2008 [BEHIND THE COLUMNS] What a Difference An argument for institutional pluralism by Dean John Garvey have had the honor, this year, of serving as the president of the Association of American Law Schools (AALS) . The association's membership includes most of the 200 law schools in the United States. It aims to improve the quality of legal education, and to represent the interests of legal education before the federal government, with national higher education organi­ more people get more of what they want. This is zations, and in international legal circles. One of the particularly important in trying financial times, when things the president gets to do is to focus the atten­ the discipline of the market may lead to greater tion of the association- and by extension all of legal competition in price as well as variety in services. education- on a particular theme. I have chosen the Institutional pluralism may also be good for the subject of institutional pluralism. progress of legal thought. I had dinner recently with There is more variety in legal education than an alumnus, a writer who used to work for Johnny people usually suppose. Boston College, for exam­ Carson and now does scripts for TV shows like The ple, is a Jesuit Catholic school, and this provenance Simpsons. Comedy writing of that sort, he said, is a influences our institutional culture in ways we mem­ collective effort. It may involve a dozen people bers of the community can appreciate. Something around a table working on the same page of manu­ like this might be said about many of the other script. Their ideas inspire and feed off each other. religiously affiliated law schools in the country. But On a more sublime level, this was the institutional religious schools are not unique in their differences. design behind the Manhattan Project. The invention Think about law schools at historically black col­ of an atomic bomb called for coordinated effort and leges and universities (Howard). They have a special creativity that couldn't be obtained from universities mission and serve a particular population, and their scattered across the country. In the world of legal faculty and students bring a unique set of interests, education we can find similar stories. Legal Realism, principles, and points of view. Other schools may an influential twentieth century movement in legal focus on a particular subject matter, like the envi­ thought, was born at the Yale Law School. Law and ronment (Lewis & Clark) or intellectual property Economics, an equally important school of thought, (Franklin Pierce); or emphasize particular doctrines had its origins at the University of Chicago. like law and economics (George Mason) or the All this might seem both persuasive and obvious public interest (CUNY). Finally, there are more than but there are forces that push against the cultivation seventy state-supported law schools that give prefer­ of pluralism. The American Bar Association accredi­ ence to state residents and focus on tation process requires law schools to issues of special concern to the spon­ adhere to a set of standards that, not soring state: horses and coal in Ken­ surprisingly, have a homogenizing tucky, marine law in Maine. effect. The AALS's membership re­ I think this kind of variety is good view process used to compound this for legal education.