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BC Law Magazine Fall/Winter 2012 Boston College Law School Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Magazine 12-1-2012 BC Law Magazine Fall/Winter 2012 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 2012" (2012). Boston College Law School Magazine. Book 41. http://lawdigitalcommons.bc.edu/bclsm/41 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]. • 1L Wins $115K on Jeopardy • Beware Cybertraps • Reunion Photo Gallery www.bc.edu/bclawmagazine BOSTON COLLEGE LAW SCHOOL MAGAZINE Fall | Winter 2012 SNARED America’s deportation tangle WHY THE ACCUSED HAVE JAY CARNEY ON SPEED DIAL Seeking Law Day Nominations e welcome your nominations for future Law Day awards. Please take a moment to think about a former student, friend, Wcolleague, or member of the community who deserves consideration. The awards are: !ST. THOMAS MORE AWARD Recognizes a member of the legal community who represents the ideals of St. Thomas More. (Not limited to BC Law alumni.) !WILLIAM J. KENEALY, SJ, ALUMNUS/ALUMNA OF THE YEAR AWARD Recognizes an alumna/us who has given of him or herself to benefit the Law School community. !HON. DAVID S. NELSON PUBLIC INTEREST LAW AWARD Recognizes an alumna/us who has made a noteworthy contribution to the public sector or in public interest law. !DANIEL G. HOLLAND LIFETIME ACHIEVEMENT AWARD Recognizes an alumna/us who has made significant contributions to the Law School and/or the community. !RECENT GRADUATE AWARD Recognizes the outstanding achievements of an alumna/us who has graduated in the past 5-10 years. !SPECIAL SERVICE AWARD Recognizes a faculty member (often at the time of retirement or movement to emeritus status) for extraordinary service to the Law School. !REGIONAL CHAPTER AWARD Recognizes alumni who have made significant contributions to the development of their regional BC Law Alumni Chapters. SAVE THE DATE To nominate someone, please state the award(s) for which he/she is being nominated, include a short bio and description of why the Law Day nominee fits the specific award criteria, and submit to Director of Alumni Relations Christine A. Kelly ’97 at 617-552-4703 or christine. May 9, 2013 [email protected]. Contents FALL / WINTER 2012 VOLUME 21 | NUMBER 1 19 CHRISTOPHER SOLDT, MTS, BC FEATURES DEPARTMENTS 2 In Limine 14 GREAT CASES The Long Way Home 3 Behind the Columns Though the case of Garcia-Carias v. Holder came 4 In Brief to a relatively swift conclusion in the Fifth Circuit, the plaintiff remains in Honduras, clinging to 10 Legal Currents the hope that his case may liberate deportees from THE MYTH OF CERTAINTY the prison of the departure bar. By Jeri Zeder The intricacies of Obamacare ‘I SAW MANKIND AT ITS WORST’ Child soldier turns advocate Cybertraps 21 12 Hot Topics What the Petraeus affair teaches lawyers Vincent Rougeau and Vlad Perju about protecting client confidentiality. on constitutional democracy By Frederick Lane ’88 28 Global Engagement 30 Faculty 24 In the National Limelight PROFILE Brian Galle Alejandra Salinas ’15 used the Democratic ACADEMIC VITAE National Convention to reveal a private truth and a passionate belief in government for 37 Esquire ALUMNI NEWS the people. By Steven Chen ’13 GENERATIONS CLASS NOTES 49 Report on Giving 64 In Closing cover: Art by Edel Rodriguez above: Advocates gathered at BC Law in November to begin work on an international convention on the rights of deportees. Page 19. WWW.BC.EDU/LAWALUMNI 1 [ I N LIMINE] FALL / WINTER 2012 VOLUME 21 NUMBER 1 Conversation and Courage Dean Vincent D. Rougeau New voices portend new agendas for America Editor in Chief Vicki Sanders ([email protected]) ast November’s election was the dawn of a new national conversation about the declining supremacy of the white majority and the implications that that Art Director L reality will likely have on American culture as we know it. Minorities are Annette Trivette ascendant. They are recognizing and harnessing their political might. Their cares and causes will require shifts in the public agenda concerning everything from Contributing Editor immigration and healthcare to education and gun control. Deborah J. Wakefield BC Law Magazine enters that conversation with stories like “The Long Way Home,” which chronicles the efforts of a BC Law team not only to help a wrongly Contributing Writers deported man but also to change US laws pertaining to deportees. It’s a sad story. Cynthia Atoji It’s a true story. And it’s an important story because it demonstrates what a com- Steven Chen ’13 mitted group of lawyers can achieve against bad odds. The latest in our “Great Chad Konecky Cases” series, this article brings to light some of the darkest practices of immigra- Frederick Lane ’88 tion law and offers hope that some of America’s most invisible residents will be able Julie Michaels to step from the shadows. See Page 14. Certainly, the profile of Alejandra Salinas ’15, “In the National Limelight” Jane Whitehead (Page 24), shows the promise of young minorities to alter the poltical equation. Jeri Zeder Then-president of the College Democrats of America, Salinas spoke at the 2012 Photographers Democratic National Convention and called to action a huge swath of fellow col- legians, Hispanics, gays, and women. As far back as elementary school, Salinas was Kerry Burke, MTS, BC sensitive to injustice. Her quest to make things right led to her quick rise through Suzi Camarata collegiate political ranks and now to BC Law School to study criminal law. Her Caitlin Cunningham personal revelation at the convention is just one indication of the courage Frank Curran she’s capable of mustering to inspire others. Charles Gauthier Courage of a similar nature—but born of much crueler circumstance— Michael Manning makes Mohamed Sidibay’s tale at once horrifying and hopeful. He was Judy Sanders/Wildsands abducted at age three and forced into servitude as a child soldier during Dana Smith Sierra Leone’s civil war. It took an innocent’s courage to stay alive by sub- Christopher Soldt, MTS, BC mitting to his captors’ inhumane demands and a grown-up’s courage to own those deeds and transform them into a mission to save others. Now Printing nineteen and studying at George Washington University, Sidibay is an outspoken R. C. Brayshaw & Company advocate, traveling the US to make his case against child slavery. See Page 11, “I Saw Mankind at Its Worst.” Boston College Law School of Newton, Massachusetts 02459-1163, publishes Echoes of the aforementioned themes can be heard in Professor David Olson’s BC Law Magazine two times a year: in discussion of business law’s public service dimension (“A New Chapter for Global January and June. BC Law Magazine is printed by R. C. Brayshaw & Company Literacy,” Page 64). He cites as an example the vital role business law played in the in Warner and West Lebanon, NH. We evolution of e-readers, which are revolutionizing literacy initiatives in the under- welcome readers’ comments. Contact us by phone at 617-552-2873; by mail at developed world. Boston College Law School, Smith Wing, And in their efforts to understand (“The Myth of Certainty,” Page 10) and F331, 885 Centre Street, Newton, MA defend (“The Tax Man,” Page 30) the Affordable Care Act, professors Mary Ann 02459-1163; or by email at sandervi@ bc.edu. Copyright © 2012, Boston Col- Chirba, Alice Noble, and Brian Galle display the qualities of legal reasoning and lege Law School. All publication rights clear-headedness so important to the emerging conversation about the nation’s reserved. Opinions expressed in BC Law future. Magazine do not necessarily reflect the —Vicki Sanders views of Boston College Law School or Editor Boston College. TIFFANY WILDING-WHITE 2 BC LAW MAGAZINE | FALL / WINTER 2012 [ B EHIND THE COLUMNS] Sitting Pretty If demography is destiny, then BC Law is well situated to prosper from diversity s demography destiny? Now that the presiden- to live in or near large cities, and employers gravitate tial election has been decided, the chattering to places where they can attract a diverse and highly classes cannot stop talking about the impact of educated workforce. America’s changing demographic makeup on At Boston College Law School we are embracing Ithe election results. Of course, anyone who has been these changes and all that they offer, and we are privi- following the release of the 2010 census data knows leged to call one of America’s great metropolitan areas that the nation is in the midst of a major demographic our home. We are working to expand our national shift, one that has been predicted for a long time. and international student recruiting, and we are rais- Something that has received much less attention, ing awareness of what BC Law and Boston offer to however, is the explosion of diversity within com- students from as broad a range of backgrounds as munities. The revival of inner cities, the breakdown of possible. Our students will spend the bulk of their pro- ethnic enclaves and racial ghettoes, and the diversifica- tion of the suburbs all have had a tremendous impact on American economic life and cultural attitudes. “The revival of inner cities, the Diversity is becoming a driving feature of our nation’s breakdown of ethnic enclaves future.
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