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BC Law Magazine Fall/Winter 2003 Boston College Law School Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Magazine 10-1-2003 BC Law Magazine Fall/Winter 2003 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 2003" (2003). Boston College Law School Magazine. Book 23. http://lawdigitalcommons.bc.edu/bclsm/23 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]. ' . .. .. FALL / WINTER 2003 VOLUME 12 I NU MBER 1 Contents / DEPARTMENTS 2 In Limine 3 Behind the Columns 4 In Brief IO Gallery II Legal Currents THE VAGARIES OF GLOBAL LAWMAKING: Taxation plows new ground JUDICIAL PRECEDENTS AND SETBACKS: Massachusetts' checkered history of racial equality WHICH WAY WILL THE WIND BLOW? Aesthetics, alternative energy at odds in wind power debate 28 Faculty SCHOLAR'S FORUM: FEATliRES Reforming corporate law PROFILE: Larry Cunningham Public Life and the Law ACADEMIC VITAE An interview with candidate John Kerry '76. 37 Esquire Eye Spy ALUMNI NEWS 16 CLASS NOTES Welcome to the Orwellian world of workplace surveillance. By Frederick S. Lane III '88 49 Report on Giving 20 Good Sports 68 In Closing Robert Martin '02 has staked his future as a sports agent as much on players' integrity as on their RBIs. By Tiffany Wilding- White 24 Through the Looking Glass ~l \ In its first strategic plan in 75 years, Be Law builds on strengths to chart a course for the future. By Vicki Sanders On the Cover: Illustration by Barrie Maguire On the Back Cover: 2003 Race Ipsa Loquitur by Justin Allardyce Knight FAL!. I WINTER 2003 I Be LAW MAGAZINE [ I N LIMI~EJ BC ILAW FA LL / WINTER 2003 A Propitious Time VOLUME 12 NUMBER 1 Dean John H. Garvey The many ways to celebrate our 75th anniversary Editor in Ch i ef Vicki Sanders oston College Law School next fall will welcome a special group of Associate Editors new students, the Class of 2007, aka the Seventy-Fifth Anniversary April Otterberg '06 B Tiffany Wilding-White Class. Their progress through law school, paralleling that of the first class, which entered in 1929, will be marked by three years of schol­ Contributing Editor arly and alumni events and commemorations and will culminate at the Deborah J. Wakefield Law School's three-quarter-century commencement in 2007. "BC Law School came out of nowhere and went from being nonexis­ Contributing Writers tent to being top ranked in an incredibly short period of time," says Holly English '83 Professor Daniel R. Coquillette, chair of the Law School's Seventy-Fifth Michael O'Donnell '04 Anniversary Committee. "Not only that, no one as young as we are is Ron Powers ranked where we are." BC Law's twenty-second-place ranking among David Reich American law schools by US News & World Report makes it the youngest Jane Whitehead of the magazine's top twenty-five picks. "It's time for some self-congratu­ Nathan Winegar '06 lation," Coquillette rightly says. Jeri Zeder The congratulations will take various forms during the anniversary's three-year time span. One subcommittee is planning colloquia, symposia, Intern and other scholarly programming to highlight the Law School's academic Stephanie Hauser strengths. Another committee is investigating ways to acknowledge the achievements of alumni and friends, and a series of social events involving Art Director the entire Law School community is being planned. A publisher has been Susan Callaghan selected to produce an illustrated history of the schools' first sevenry­ five years (see "Collecting Your Stories," page 5), and other archival Design & Printing and historical projects are in the works. Imperial Company Please keep an eye out in future issues of this magazine and other BC Law communications for how you can become involved in the Photographers Tom Brown seventy-fifth-anniversary planning process, be it as a contributor of Suzi Camarata anecdotes, photographs, and memorabilia or as a participant in Kindra Clineff nominating worthy colleagues for medals or special acknowledgement. Charles Gauthier The seventy-fifth anniversary comes at a propitious time for the Law Gary Gilbert School for another reason. It happens to intersect with a just-completed Justin Allardyce Knight strategic plan designed to chart a future course for the Law School. The Michael Manning plan, which proposes exciting new curricula, academic centers, and initia­ Patrick O'Connor tives, is about to enter the implementation stage. An article detailing the Todd Plitt plan appears on page 24, and Dean John Garvey puts the findings into Dana Smith perspective in "Behind the Columns" (opposite page). Elsewhere in this issue, author Frederick S. Lane III '88 opens our eyes to the Orwellian world of office spying in an article based on his book, Boston College Law School of Newton, Massachusetts 02459-1163, The Naked Employee: How Technology Is Compromising Workplace publishes BC Law Magazine two times Privacy" (page 16). a year: in January and June. BC Law "By itself, the issue is worth examining for what it says about the eco­ Magazine is printed by Imperial Company in West Lebanon, NH. We welcome nomic and social structure of this nation," Lane asserts. "But in light of readers' comments. Contact us by phone the growing collaboration and data exchange between government and at 617-552-2873; by mail at Boston College Law School, Barat House, 885 business, workplace surveillance now has the potential to play an impor­ Centre Street, Newton, MA 02459-1163; tant role in undermining our most fundamental freedoms." or by email at [email protected]. Copy­ right © 2003, Boston College Law Vicki Sanders School. All publication rights reserved. Editor in Chief Opinions expressed in BC Law Magazine do not necessarily refl ect the views of Boston College Law School or Boston College. 2 Be LAW MAGA ZINE I FAL L I WINTER 2003 [BEHIND"'---"';' THE COLUMNS] Talking Strategy A game plan for becoming the best we can be by John Garvey n 2004 the Law School marks its seventy-fifth anniversary. We opened our doors two weeks before the stock market crash in 1929. It is cause for celebration that we have risen from that inauspicious beginning to become one of America's two dozen best law schools. It is also an occasion for thinking about how to continue our upward trajectory. We began a strategic plan­ particular attention to public service initiatives and to ning process two years ago with that thought in the intersection of ethics, religion, and public policy. mind. The process was ably led by Professor Judith This expansion of our intellectual life will require McMorrow. Last September we approved a plan more space for faculty and support staff, classrooms that will help guide the Law School through its and programs, and library holdings. We can also next decade of progress (see story, page 24). expect new demands for space for student services. The central principle informing the plan is simple Consider this. Since 1950 the Law School's student and obvious-it is a reinforcement of our determina­ body has tripled in size (to 800 students). Our ad­ tion to provide the highest quality legal education to ministrative staff has grown three times as fast. This our students. This is still a very personal process. Its is not unnecessary growth. Today we provide career principal ingredients are scholarship and teaching, and services, academic services, and computer services. our standard of excellence in those areas is reflected in We also support dozens of student organizations our current faculty. But we need to add more scholars and offer counseling through the Dean for Students of the highest rank (ten over the next decade), support office. We provide sophisticated financial aid advice, all our faculty in their endeavors, and enable them to greatly expanded law review and moot court experi­ impart what they know to our students. As a part of ences, and broader alumni programs. Our admis­ one of the world's great Jesuit Catholic universities, sions office processes thousands more applications. we have a coordinate concern with the hearts and We can expect further growth in many of these souls of our students. We want to produce not just areas, and a concomitant need for space, including good lawyers, but lawyers who lead good lives. for student housing. The strategic plan emphasizes We can be certain that the legal curriculum will that this housing deficiency must be addressed if we grow in breadth and depth. It is harder to guess ex­ want to compete for students in a national market. actly where the growth will occur. (Who would have The growth in our programs, personnel, and foreseen the Digital Millennium Copyright Act or the space will also call for an expansion of our develop­ USA Patriot Act ten years ago?) The strategic plan ment efforts. In the last four years the Law School responds by suggesting four large ideas. First, we Fund (our annual giving program) has risen by 60 should continue support for areas percent, topping $1 million for the where we have historically excelled, first time last year. Now, to provide a like litigation and tax. Second, we permanent foundation for the strate­ should anticipate more international­ gic plan, we need to make a compa­ ization. Third, Boston's strengths in rable advance in our program for financial services and intellectual prop­ capital giving.
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