Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Magazine 4-1-2006 BC Law Magazine Spring/Summer 2006 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 Spring/Summer 2006" (2006). Boston College Law School Magazine. Book 28. http://lawdigitalcommons.bc.edu/bclsm/28 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]. SPR I NG / SUMMER 2006 VOLUME 14 I N UMBER 2 Contents DEPARTME.\TTS 2 In Limine 3 Behind the Columns 4 In Brief I2 Gallery I3 Legal Currents WAR'S UNWITTING VICTIM: Pondering how to protect the environment in battle ACHILLES' HEELS: Unresolved issues of war crimes tribunals THE STANDARDS CONUNDRUM: The emerging debate over ownership 26 Faculty SCHOLAR'S FORUM: Prosecutorial ethics PROFILE: FEATCRES Frank Garcia BENCHMARKS ACADEMIC VITAE 16 Inquiring Minds For certain alumni, there is no career 34 Esquire like that of a scholar. ALUMNI NEWS By Jeri Zeder CHAPTER NEWS CLASS NOTES 22 The Untold Story of Rumsfeld v. Fair How students and faculty helped make a 4 8 Point of View federal case out of the Solomon Amendment. 55 Reunion Giving Report By Jeri Zeder 60 In Closing On the Front Cover: Illustration by Rob Colvin On the Back Cover: Photograph by Liz Linder SPR ING I SUMMER 2006 I Be LAW MAGAZI NE [ I N LIMINE] BC ILAW S PRI NG / SU MM E R 2006 Spreading the News VO L U M E 14 NU MBER 2 Dean John H. Garvey Chapters, scholarship are all the rage Editor in Chief Vicki Sanders ith considerable excitement we introduce in this issue a new Art Director W addition to our Esquire section called Chapter News. It marks Susan Callaghan the coming-of-age of the Alumni Association's chapter network and creates a forum in which alumni, prospective students, employers, Associate Editor and friends of the BC Law community can exchange information and Michael Henry '08 ideas. In these pages we will broadcast events and discuss initiatives worth sharing, such as how one chapter's listserv might be a model for other Contributing Editors chapters wishing to track alumni in their own regions. Deborah J. Wakefield If BC Law is to continue to build awareness of its profile as a national Tiffany Wilding-White law school, it must actively recruit students throughout the country and strengthen employer ties from coast to coast. What better asset in these Contributing Writers endeavors than a series of chapters that are home to engaged alumni will­ Kathryn Beaumont '08 ing to attend admitted applicants receptions, mentor students, and help Jessica Curtin '07 graduates find jobs in their area? Joyce Koo Dalrymple '06 The chapters are certainly not all work and no play, however, as reports Michael Engallena '08 from the twelve regions indicate. Social connections are a fun and valu­ Matthew Karr '08 able part of chapter life. Many chapters are busily planning after-work Frederick S. Lane III '88 get-togethers or teleconferences with notable speakers. The big news this Kristine Povilaitis '07 time is the establishment of a Boston chapter, which opened for David Reich business-and pleasure-this June. Kathryn Rutigliano '08 Speaking of BC Law's widening influence, we have discovered a Jane Whitehead cadre of alumni, about seventy in all, who have fanned out across Jeri Zeder America to teach the next generation of lawyers. While the majority of BC Law graduates practice law, many pursue careers in business, Photographers finance, government, and a host of other fields. This small knot of Suzi Camarata brainy alumni in academia are interesting because of what their Webb Chappell career choices say about the Law School's scholarly reputation. Charles Gauthier Scholarship is an important measure in BC Law's standing in various Justin Allardyce Knight rankings and of the quality of the education students receive. The feature Liz Linder package of stories (see Page 16) on alumni who teach, both as professors Michael Manning nationwide and as adjuncts at the Newton campus, is a testament to the fine thinking and writing the Law School elicits from its faculty and students. Design & Printing Other recent examples of BC Law as scholarly incubator is the accom­ Imperial Company plishment of several students of Professor Anthony Farley (see Page 33), who've been publishing their seminar papers in some of the nation's most Boston College Law School of prestigious law journals. "This is a quite remarkable feat for any given Newton, Massachusetts 02459-11 63, publishes BC Law Magazine two times student and especially impressive when done on a such a systematic basis," a yea r: in January and June. BC Law says Academic Dean Lawrence Cunningham, who has made a concerted Magazine is printed by Imperial Company in West Lebanon, NH. We welcome to effort get the word out about scholarly endeavor at the Law School. readers' comments. Contact us by phone A crown jewel in that effort is Heights of Justice, a book edited by at 617-552-28 73 ; by mail at Boston Cunningham comprising forty-five articles by the faculty on topics ranging College Law School, Barat House, 885 Centre Street, Newton, MA 02459- 11 63; from judicial integrity to rebellious lawyering to juvenile justice (see Page or by email at [email protected]. Copy­ 11). A one-of-a-kind publication, it showcases the Law School's scholarly right © 2006, Boston College Law School. All publication rights rese rved. emphasis on theory and practice in the context of moral and ethical values. Opinions expressed in BC Law Magazine do not necessaril y refl ect the views of Boston College Law School or Vicki Sanders Boston College. Editor in Chief 2 Be LAW MAGAZI N E I SPR I NG I SUMMER 2 006 [BEHIND THE COLUMNS] Spaced Out As inheritor of the architectural charms of Newton College, the Law School carefully adapts the campus for modern use by Dean John Garvey hile waiting for a plane in Washington recently I met a friend of mine, an alumna of Newton College of the Sacred Heart, and we got talking about the place where she went to school. I feel a sentimental attachment to the Newton alumnae. They built their college here sixty years ago; the Law School moved in thirty-one years ago. And that's how it is with some of our buildings. So we have inhabited the same space for roughly I want to describe for you two approaches we are equal periods, and because of that our lives are taking to cope with the problem of living in a place intertwined. Barat House is named for St. Madeleine with some history. Sophie Barat (1779-1865), who as a young woman The first is long-range planning. A few years ago in post-revolutionary France started a company of we began a strategic planning process designed to women parallel to the then-suppressed Jesuit order. project our growth over the next decade. We held Stuart House is named for Jane Erskine Stuart public discussions of faculty, student, and program (1857-1914), an Englishwoman and sixth Superior needs. Parallel to these, but less visible, was an ef­ General of the order Barat founded. Kenny-Cottle fort to measure and solve the space demands we will was built in honor of Newton College's first presi­ face if we reach our program goals. We anticipate dent, Eleanor Kenny. hiring ten new faculty. They will need offices and It's not just the names that connect us. There is support staff. We have already approved the cre­ a tunnel that links Stuart House with Barat House. ation of an LL.M. program. It will require space for It's toasty even in the winter because the steam pipe a director, a secretary, and functions. Our alumni runs through it. Though it's closed to traffic now, and development staff must grow to help us pay for my friend remembers traversing it in her bathrobe these changes. This will put new strains on Barat as a college student. I have a pink bathtub in my House, where they are housed. It is bad business to office bathroom, and the walls feature the four-inch wait for these needs to arise, and then respond by pink ceramic tile that was so popular in 1947, both committing the space that happens to be available. reminders of the day when the Newton College Over time that approach produces a patchwork president lived here. We have any number of other arrangement with an unattractive design, poor traf­ rooms whose size and shape don't fit their function fic and workflow patterns, and inefficient use of because they were designed as dormitories or space. We took a wiser course. We hired an architec­ chapels or offices for a different purpose. tural firm and asked them to look at the entire This all has its charms. Lots of Newton campus, with a time horizon families (mine included) dress their of twenty years. children in hand-me-downs, and if This has been a very useful exer­ the chain of custody is long, the cise. We have a renewed appreciation clothes may look snug, faded, and for the beauty of buildings like Stuart dowdy by the time they reach the last House and Barat House, and a sense child.