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Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Magazine Winter 1-1-2021 BC Law Magazine Winter 2021 Boston College Law School Follow this and additional works at: https://lawdigitalcommons.bc.edu/bclsm Part of the Legal Education Commons
PLUS A DMIS SIONS The Big BOSTON COLLEGE ‘Yes’ LAW SCHOOL MAGAZINE Essays That WINTER 2021 Won 1Ls a Place BC.EDU/BCLAWMAGAZINE at BC Law CA R EER S On the Bench LA Alum Shows What Judging and Scuba Have in Common FACULT Y History Lesson New Book Reveals Some Ivy Leaguers Kept Bad Company INCL UDING Jackie de la Rosa Kennedy ’13, Startup Business Developer at Amazon SOME LAWYERS ARE JUST, WELL, A LITTLE DIFFERENT. THE CHAOS AND CREATIVITY OF THE ENTREPRENEURIAL ECOSYSTEM IS WHERE THEY YEARN TO BE. AND BC LAW IS TEACHING THEM HOW TO GET THERE. ALSO A ONE-OF-A-KIND EXPERIENTIAL PROGRAM PREPARES THE FORMERLY INCARCERATED TO BE STARTUP SUCCESSES.
BC Law Magazine LA LAW Judge Ramona See ’85 of the Los Angeles Superior Court. Page 12 Photograph by ADAM C BARTLETT
Contents WINTER 2021 VOLUME 29 / NUMBER 1 34 40 14 Features Entrepreneurs 18 Vision Quest 10 16 BC Law becomes an incu- bator launching lawyers into a startup world where it really is possible to dream and make it big. Foremost 8 Faculty Scholarship Esquire By Jeri Zeder 2 In Limine From the Editor. Professor Daniel Coquil- 34 Generations Anastasia lette tells Harvard Law’s Kurkuvelos ’19, Dean 22 No Holds Barred 3 For the Record Updates and contributors. history, Nazis and all; Publi- cations and Milestones. Papademetriou ’87, and Jane Kourtis ’89. How Project Entrepreneur 4 Behind the Columns 10 Candid Matt Burton ’21. 35 Class Notes is remaking the lives of the At a Crossroads: formerly incarcerated. Marshalling the forces of 12 In the Field 40 Alumni News David Simas By Brett Gannon ’21 law as AALS president. Hon. Ramona See ’85, ’95 gives keynote speech By Dean Vincent Rougeau Fradique Rocha ’80, and at virtual 2020 reunion. other alumni on the job. 26 In Pursuit of Justice 6 Docket In Brief The Innocence 14 Brainstorm Dean Vincent Rougeau 42 Advancing Excellence 44 The 2020 Reunion The eloquent admission Program wins release of and Camara Phyllis Jones Giving Report essays of five new BC three clients in 2020; Lisa discuss racism. Law students. By Drew Brathwaite heads BC Law’s 68 In Closing Carrico, Jamie Ehrlich, student diversity program; 16 Evidence A Leap of Faith: To save SCOTUS, let’s Jamie Kobayashi, James Lopez the Good Governance Proj- Lawyers can soar in create another one. Olvera, and Joanna Plaisir. ect; Around the Academy. the startup ecosystem. By Professor Kent Greenfield Photographs, clockwise from top left, TONY RINALDO; MATT KALINOWSKI; DAVID DEAL; DIANA LEVINE; illustration, NEIL WEBB Winter 2021 BC LAW MAGAZINE 1
IN LIMINE Foremost A Better Future? of accrued wisdom and determination told by but important to look back knowing we did ev- We Can Do This five new 1Ls in their admission essays (page erything we could to make this a better world.” 26). It manifests in the rather uncommon The propulsive nature of BC Law’s choice—for risk-averse lawyers, at least—to mandate to educate toward the greater good Enough of yesterday. There are embrace the tumult and disruption of a creates energy attractive to prospective stu- things about tomorrow worth startup culture built on innovation, which, dents and seasoned alumni alike. It is energy heralding. Among them are the by definition, is focused on the horizon (page with its eye on the prize of a word inherently ambitious and the caring individuals in our 18). It is felt in the heat of a guest lecturer’s future-focused: leadership. broad community who have tied their futures declaration: “In the overall discussion of Dean Vincent Rougeau understands that. to the rule of law. racism, we have three tasks: naming racism, For his year as president of the American As- What that translates into in these pages asking how racism is operating here, and or- sociation of Law Schools, he has chosen the are the stories of adversity and overcoming, ganizing and strategizing to act in ways that theme, “Freedom, Equality, and the Common will propel us forward” (page 14). Good” (page 4). Boston College Law School is a place, a David Simas ’95, CEO of the Obama Foun- pipeline, and a professional touchstone. That dation and a frequent speaker at BC Law, also is what makes educational institutions like understands that. His talks always point this one powerful—their very job is to find, toward better tomorrows. “Our North Star nurture, then launch people prepared not is all around civic leadership,” he said at the only to handle whatever comes next, but also Reunion 2020 keynote in November (page to do so in better and more imaginative ways 40). “I can think of no one better than people than ever before. A tall order, yes, but particu- who have gone through Boston College Law larly important in times such as this, when School—with the ethos and the values that democracy faces new challenges that require it has—to be part of [the] solution” to the na- inspired solutions. As third-year student Matt tion’s problems. Burton said an interview (page 10): “It’s fool- VICKI SANDERS, Editor ish to think any of us will die in a just society, vicki.sanders@bc.edu CONNECT Update your contact information See what colleagues are doing profes- Reunion Committees The most Judging Oral Advocacy Competi- fund provide immediate financial to stay in touch with BC Law. To sionally, read about the latest events, successful reunions result when tions Hundreds of students partici- support for many of BC Law’s most learn of ways to help build our build your network, track classmates’ engaged volunteers serve on their pate in four in-house competitions: important needs. Key funding priorities community, volunteer, or support achievements, and publish your own. Reunion Committee. Committees Negotiations (fall), Client Counsel- have included financial aid, public inter- the school, contact BC Law’s Join at linkedin.com/school/boston- begin forming the summer prior ing (fall), Mock Trial (fall in 2021), and est summer stipends, post-graduate advancement office: college-law-school. to reunion weekend, and members Moot Court (spring). Alumni from fellowships, and faculty research grants. spend about two hours per month all career areas are needed to judge Maria Tringale BC Law Magazine The alumni on committee work. these competitions. Dean’s Council Giving Societies Director of Development magazine is published twice a year, In appreciation for leadership-level Email: maria.tringale@bc.edu in January and June. Contact editor Ambassador Program Law firm gifts, members receive invitations to Call: 617-552-4751 Vicki Sanders at vicki.sanders@bc.edu ambassadors promote engagement INVEST IN OUR FUTURE special receptions and events and or 617-552-2873 for printed editions with and giving to BC Law among enjoy membership in comparable Kelsey Brogna or to share news items, press releases, alumni at firms with a BC Law pres- Advancing Excellence When you University-wide societies. To learn Associate Director, Alumni Class letters to the editor, or class notes. ence. The volunteers provide the give to BC Law, you have a meaning- more, visit bc.edu/lawgivingsocieties. and School Engagement Law School with perspective on the ful impact on our entire community. Email: bclaw.alumni@bc.edu Regional Chapters & Affinity legal industry, mentor and recruit stu- Your gifts sustain everything from Drinan Society This society rec- Call: 617-552-8524 Groups Alumni gather to socialize, dents, and partner with advancement scholarships that attract and retain ognizes loyal donors. Drinan Society Visit: bc.edu/lawalumni network, and stay connected. Our to strengthen the alumni community. talented students to faculty research members have given to BC Law for newest group, Graduates Of the Last grants that keep BC Law at the two or more consecutive years, and To Make a Gift Decade (GOLD), fosters community forefront of scholarship. sustaining members have given for Email: lawfund@bc.edu among recent graduates. Contact us CONNECT WITH STUDENTS five or more consecutive years. The Call: 617-552-0054 to start or join a chapter or affinity Named Scholarships Student society is named for Robert F. Drinan, Visit: bc.edu/givelaw group, or to help organize an event. Mentoring Program The 1L Mentor scholars are selected each academic SJ, who served as dean of BC Law, Program matches students with year based on a number of factors, 1956 to 1970. Class Agents Agents are intermedi- alumni in the city where they want such as leadership, financial need, BUILD OUR ALUMNI COMMUNITY aries between the school and alumni to live and in the practice area they academic excellence, and public Alumni Association Dues Pro- and keep classmates informed, en- are considering. Mentors serve as service achievements. gram Dues exclusively fund alumni Online Community BC Law’s gaged, and invested in BC Law’s future informal advisors between students’ activities and events. Support the LinkedIn page is a useful resource. success in between reunion years. first- and second-year summers. Law School Fund Gifts to the annual program by visiting bc.edu/lawdues. 2 BC LAW MAGAZINE Winter 2021 Editor photograph by DIANA LEVINE
FOR THE RECORD We’d like to hear from you. Send your letters to BC Law Magazine, 885 Centre St., Newton, MA 02459-1163, or email to vicki.sanders@bc.edu. Please include your address, email, and phone number. paramount as the response of busi- I Am Why Publishes Book nesses to these pandemics is greater The organization of young women and utilization of automation and technol- gender expansive activists featured in ogy, thereby eliminating jobs. the Winter 2020 issue has launched WINTER 2021 Lawrence “Larry” Johnson ’75 an art and social justice book titled I VOLUME 29 / NUMBER 1 St. Louis, MO Am Why: Reclaiming the Lens. It can be DEAN ordered at iamwhy.org/book. Vincent Rougeau A Pleasant Surprise EDITOR What About Universal Basic Income? I would like to congratulate you on your Sentenced! Missing Mailbox Saga Ends Vicki Sanders I was happy to see BC Law advancing excellent Summer 2020 issue of BC Law Former Honolulu prosecutor Katherine vicki.sanders@bc.edu proposals for change responsive to the Magazine. My father, James Houghtel- Kealoha and former police chief Louis CREATIVE DIRECTOR environmental, social, political and ing, was a professor at BC Law from the Kealoha were sentenced in November Robert F. Parsons health “pandemics” we’re experiencing mid-1960’s until his death in 1990. He by Chief US District Judge J. Michael SEVEN ELM (“The Vision Project,” Summer 2020). loved his teaching, his colleagues, start- Seabright of the District of Hawaii to sevenelm.com [I’m] surprised, though, given the val- ing with Father Drinan, and his students. thirteen years and nine years, respec- CONTRIBUTING EDITOR ues that have sustained Boston College I picked up this issue, thinking I would tively, for crimes that ballooned into the Deborah J. Wakefield Law School, that among the economic scan it quickly to get a sense of what was biggest corruption scandal in Hawaii’s CONTRIBUTING WRITERS proposals there is no call for Universal going on at the Law School, but instead history (Summer 2018 issue). Jill Caseria Basic Income, as we know poverty is a got very absorbed in the in-depth exami- The triggering incident was a “stolen” Austin Chandler complicating factor in all these situa- nation and soul-searching of what the mailbox. Federal defender Alexander Jamie Ehrlich ’23 tions. …[W]e need a means, in addition Law School can do to prepare lawyers to Silvert ’84 set in motion the series Brett Gannon ’21 Chad Konecky to employment, for distributing capital fight for social justice. BRAVO! of cases that ended in 2020 with the Jaegun Lee ’20 in our society to maintain a sustainable Robert Houghteling couple’s imprisonment for conspiracy, Margie Palladino ’85 economy. This becomes increasingly Oakland, CA bank fraud, and other charges. David Reich Maura King Scully Clea Simon J. Cooper Stouch ’22 CONTRIBUTORS Jane Whitehead Jeri Zeder CONTRIBUTING ARTISTS Adam C Bartlett Stuart Bradford Caitlin Cunningham Matt Kalinowski Diana Levine Kagan McLeod Edel Rodriguez Dana Smith Neil Webb IMAGE SPECIALIST Adam DeTour PRINTING Lane Press Edel Rodriguez Brett Gannon ’21 Clea Simon Adam C Bartlett ILLUSTRATOR Cuban-born Rodri- WRITER Gannon is a third-year WRITER As an author, Simon PHOTOGRAPHER Los Angeles- Boston College Law School of Newton, Massachusetts 02459-1163, publishes guez came to America during student at Boston College Law explores issues of law and justice based Bartlett said about the BC Law Magazine two times a year: the 1980 Mariel Boatlift. The School, where he focuses on crimi- in her crime fiction, such as the shoot: It was a great opportunity in January and June. BC Law Magazine is printed by Lane Press in Burlington, family settled in Miami where nal public interest law. For this issue, recent A Cat on the Case and to meet and work with LA County VT. We welcome readers’ comments. he was influenced by American Gannon interviewed Professor the upcoming Hold Me Down Superior Court Judge Ramona Contact us by phone at 617-552-2873; pop culture. Social justice, poster Lawrence Gennari, founder of the (Polis). A long-time journalist, See ’85. Her collaborative and by mail at Boston College Law School Magazine, 885 Centre Street, art, and western advertising Project Entrepreneur Clinic, and she has written on everything friendly nature made captur- Newton, MA 02459-1163; or by email continue to inform his work. He one of his budding entrepreneurs, from the arts and mental illness ing a strong portrait a seamless at vicki.sanders@bc.edu. Copyright © 2021, Boston College Law School. has created newspaper and Carlos Montes, exploring how to impeachment for publications experience. She even humored All publication rights reserved. magazine covers for clients such the business community can such as the American Prospect, my request that she try talking Opinions expressed in BC Law as TIME, Newsweek, Der Spiegel, better serve citizens returning from Boston Globe, Boston Phoenix, with her hands, to get some Magazine do not necessarily reflect and The New Republic. In this periods of incarceration (page 22). Ms., New York Times, Salon, and variation in expression, despite her the views of Boston College Law issue, he sought to communicate In conjunction with his legal studies, Yankee. Sitting down (remotely) training as a judge not to do so. School or Boston College. the creativity that entrepreneurs Gannon is receiving his MSW from with Dr. Camara Jones and The courthouse served as an ideal bring to their work, how an idea the BC School of Social Work. Dean Vincent Rougeau (page background. I hope these images starts as a simple thought, then After graduation, he will join the 14) allowed her to draw various serve as a fitting salute to Judge spreads and impacts millions of Colorado State Public Defender’s interests together within the See’s legacy in the court and as a people (page 18). Office as a Staff Attorney. framework of social justice. BC Law alum (page 12). Winter 2021 BC LAW MAGAZINE 3
BEHIND THE COLUMNS Foremost “My theme for the coming year is ‘Freedom, Equality, and the Common Good.’” DEAN VINCENT ROUGEAU law professors. One aspect of running a law school that is often difficult to communicate to those outside of it is the central importance of the faculty’s research and scholar- ship. It is, of course, essential that law schools focus on developing practical skills in students, but law professors are teachers and scholars, and their scholarship is criti- cal to the health of the profession and our democracy. An important recent example of this is scholarship in election law. It is hard to imagine many things more foun- dational in a democracy than the integrity of elections. In the weeks before and after the presidential elec- tion, we saw numerous challenges to how people vote across the country, and to how the votes were counted and certified. Legal scholars who have spent years studying our election system were called upon to advise on various voting processes around the country, and to offer opinions in court cases that attempted to chal- lenge vote counts or limit the ability of citizens to cast votes. Along with some heroic local election officials, lawyers and legal scholars were the medical profession- als who got the patient through the crisis. Each AALS annual meeting has a theme, and my At a Crossroads in Our History theme for the coming year is “Freedom, Equality, and the Common Good.” As we saw with our presidential elec- Marshalling the forces of law as AALS president. BY DEAN VINCENT ROUGEAU tion and the Capitol insurrection on January 6, demo- cratic values like equality cannot be fully realized in an I sometimes find it hard to wrap my head around everything that election system in which citizen participation is unfairly happened in 2020, and as we move into 2021 I feel a real sense of discouraged or confidence in the system is compro- gratitude and hope for better days ahead for all of us. One big change mised. We also have seen fissures erupt in American so- for me this year is that I began my term as president of the Associa- ciety about the concept of freedom, most fundamentally tion of American Law Schools (AALS) at the group’s annual meeting in terms of how we understand its limits. Is our freedom in January. BC Law has a long tradition of providing presidents to undermined when we make sacrifices for one another in the face of a deadly threat, or is our understanding of the AALS; Dean Richard Huber and Dean John Garvey also served freedom primarily self-referential and unable to exist in as AALS presidents. I am honored to continue this legacy. ¶ The a complementary relationship with our responsibilities AALS serves two distinct missions: It brings together law faculty as members of communities or the common good? and administrators from around the country and many parts of the The past year has made clear that we stand at a world every January to dive into discussions across the broad range crossroads in our history as a nation, and it is my of specialty areas in legal scholarship and education, and to attend privilege to take up the presidency of the AALS in this particular moment. As we consider the year ahead, I plenary sessions that offer all of us the opportunity to hear from am looking forward to having legal scholars from every prominent figures in law, government, and higher education, to name discipline address this theme and engage the many is- a few key areas. ¶ The meeting itself is a concrete manifestation of sues that it raises for our legal system, our politics, our the second key role for the AALS: It serves as the learned society for economy, and our democracy. 4 BC LAW MAGAZINE Winter 2021 Photograph by SUZI CAMARATA
Campus News and Events of Note IN BRIEF 6 FACULTY SCHOLARSHIP 8 CANDID 10 IN THE FIELD 12 BRAINSTORM 14 EVIDENCE 16 FEMALE IMPRIMATUR: Laurel Davis, Professor Mary Bilder, and Associate Law Librarian WOMEN IN THE LAWBOOK TRADE Helen Lacouture went digging into our special collections to find lawbooks with imprints featuring women printers and booksellers. This current BC Law Library exhibit was inspired by the 100th an- The exhibit covers around twenty female printers and booksell- niversary in August 2020 of the ratification of the 19th Amendment, ers and reaches back 500 years. You’ll learn about entrepreneurial which granted suffrage to some—though certainly not all—American widows, women in printing families, the law patent, the Stationers’ women. In the summer before the anniversary, Rare Books Curator Company, the great law printer Elizabeth Nutt, and more. To view the Female Imprimatur exhibit catalog, go to tinyurl.com/female-imprimatur. Winter 2021 BC LAW MAGAZINE 5
DOCKET In Brief The clients were wrongly convicted as a result of faulty forensics, erroneous eyewitness identification, official misconduct, and racial bias. Free! Again, Sharon Beckman and Boston At- torney John J. Barter—assisted by District Attorney Rachel Rollins filed a nolle prosequi formally dis- Again, and Again an interdisciplinary team of faculty and BCIP students, including Sarah missing charges pending against him in connection with a 1992 The Innocence Program wins release of three clients in 2020. Carlow ’20—represented Choy. double homicide in Boston’s Rox- BY VICKI SANDERS bury neighborhood. Qualls, who Thomas Rosa was wrongfully was tried twice for the murders The BC Innocence Program (BCIP) achieved an extraordinary convicted following three trials in and served twenty-seven years trifecta in 2020. Three clients—Frances Choy, Thomas Rosa Suffolk County Superior Court of in prison before his release last Jr., and Ronnie Qualls—who combined were incarcerated for the 1985 kidnapping and murder March, always maintained his in- seventy-eight years for crimes they didn’t commit, were released from of Gwendolyn Taylor in Boston. nocence. Qualls’s exoneration was prison. Their cases follow the 2019 release of BCIP client Christopher BCIP Supervising Attorney Char- based on new DNA evidence BCIP “Omar” Martinez, whose conviction was vacated after he served twenty lotte Whitmore and BCIP students presented in a motion filed jointly years behind bars. joined New England Innocence with the prosecution that sup- The BCIP secured the releases as a result of faulty forensics, errone- Project Executive Director Radha ported the victim’s identification ous eyewitness identification, official misconduct, and racial bias. Natarajan as co-counsel for Rosa of a different man as the person in 2017. BCIP student Kayleigh who committed the crime. BCIP’s Frances Choy’s case gained na- was only seventeen. Giles’s finding McGlynn ’19, who majored in Whitmore and Beckman were tional attention as she became the was based on new evidence that biology as a BC undergraduate, Qualls’s counsel of record in the country’s first female Asian-Amer- someone else committed the crime, discovered a discrepancy in prior case, together with a team of BCIP ican exoneree and the first woman exculpatory scientific findings DNA testing results that led to students, including Rachel Feit ’20. of color exonerated in Massachu- contradicting a state police chem- new scientific evidence under- setts since 1989. Plymouth County ist’s trial testimony, and police and mining eyewitness identification Capping an already extraordi- Superior Court Judge Linda Giles prosecutorial misconduct, includ- testimony at Rosa’s trial. On Oc- nary year, the BC and Commit- vacated Choy’s convictions of ing racial bias by the trial prosecu- tober 14, Supreme Judicial Court tee for Public Counsel Services arson and first degree murder in tors. Plymouth County District Justice Frank Gaziano granted the innocence programs received a connection with the 2003 fire at Attorney Timothy Cruz—whose motion to release Rosa pending $354,000 grant in October from her Brockton home that claimed office had tried Choy three times— further litigation of his motion for the US DOJ to support their col- the lives of her parents when she agreed that her convictions should postconviction relief. laborative mission to investigate be vacated and entered a nolle and litigate wrongful convictions The exonerated, clockwise from left, Thomas Rosa (with his son), prossequi dismissing the charges Ronnie Qualls was exonerated in Massachusetts. The grant was Frances Choy, and Ronnie Qualls. on September 29. BCIP Director September 1 after Suffolk County the largest of its kind in 2020. BAR PASSAGE RATE 96% Recent graduates delivered excep- tional results on the October 2020 Massachusetts bar exam. BC Law ranked second in Massachusetts for overall passage rate (95.9%) and third in the state for first-time test takers with a passage rate of 95.8%, a 5.9% increase from last year’s first- time test takers. The results are due in part to BC Law’s Faculty Bar Task Force and its Academic and Bar Suc- cess Committee for their extensive data collection and research toward a comprehensive overhaul of the Law School’s approach to preparing students for the bar exam. 6 BC LAW MAGAZINE Winter 2021
GOOD GOVERNANCE Lisa Brathwaite MATTERS A group of BC Law students Toward a More implemented evidence-based program- ming for student affinity groups, fostered have put feet to pavement to improve the policies underpin- Inclusive Campus and maintained relationships with ning modern political systems. Their first step was forming Brathwaite heads BC Law’s minority bar and professional develop- the Good Governance Project (GGP), a partnership between new diversity program. ment associations, and advised affinity the Law School and BC’s then hosted a kickoff event groups as well as students navigating Clough Center for the Study in October featuring notable Lisa Brathwaite, a specialist in legal personal, professional, and climate- of Constitutional Democracy. reformers in the space. “During my 1L year, I felt The speakers were presi- higher education affinity groups and based concerns. She was also a member that there was not a place or dent of American Promise Jeff minority and race issues, has joined BC of the school’s Committee Against Insti- club through which I could Clements; entrepreneur and Law as Director for Diversity, Equity and tutional Racism. pursue my interest in cam- former Tennessee congress- paign finance reform,” GGP man Zach Wamp; and Sara Inclusion Programs. She is a graduate of Bowdoin College, President Matthew Victor ’22 Eskrich, executive director of “Lisa’s energy, insights, and ideas are where she majored in Sociology and Gen- said. “The Good Governance Democracy Found. sure to inspire our community’s DEI der and Women’s Studies and minored in Project seeks to fill that Massachusetts State void, and provide structure Senator Jamie Eldridge ’00 efforts for years to come,” said Dean Africana Studies. and resources for students also spoke and offered these Vincent Rougeau. “We are thrilled to wel- At BC Law, she will work in close interested in the critical work words of encouragement: “I do come such an experienced hand in mat- partnership with colleagues across of democracy reform.” really think it’s important for Next, the organization law students or young lawyers ters of justice and inclusion to BC Law.” student-facing offices and help lead the began forming cohorts of to get involved in your com- Brathwaite comes to the Law School collaborative effort of the Law School students to leverage their munity and raise these issues from the Northeastern School of Law community to provide a diverse, equi- voices on relevant issues like about all the systemic barriers gerrymandering, campaign to improving our democracy Center for Co-op and Professional table, and inclusive environment com- finance, ranked-choice voting, and providing common sense Advancement, where she designed and mitted to the success of all students. and voter suppression and policy.” —JAMIE EHRLICH ’23 AROUND THE ACADEMY Richard Cordray Franita Tolson Angel Taveras Sandra Leung ’84 Aziz Huq As the Rappaport Distinguished The USC Gould School of Law Racial injustice was the topic of On October 20, the executive vice The University of Chicago Law BRATHWAITE: MATTHEW MODOONO/NORTHEASTERN UNIVERSITY Visiting Professor at BC Law last Professor discussed her forthcom- an event sponsored by the Latin president and general counsel at School scholar joined the Ameri- fall, the former director of the ing book In Congress We Trust? American Law Student Associa- Bristol-Myers Squibb gave the BC can Constitution Society on Sep- Consumer Financial Protection Bu- Enforcing Voting Rights from the tion (LALSA) and the BC Law Law-Ropes & Gray International IP tember 30 for a discussion about reau and Ohio Attorney General Founding to the Jim Crow Era with Democrats on October 14. Taveras, Summit keynote on the intellectual how the pandemic has exposed participated in a number of Rap- BC Law Professors Mary Bilder mayor of Providence, RI, from property challenges that may lie the risks and disappointments of paport Center activities. He taught and Daniel Farbman. Co-spon- 2011-2015 and the first Dominican ahead for the biopharma industry. federalism. He called the federal a seminar, “Consumer Finance Law sored by the BC Law Legal History American to hold that office, Leung, who is the primary legal response to the pandemic “calami- and Federalism,” gave a community Roundtable and BC’s Clough was one of three panelists. He advisor to her company’s board tous,” expressed disappointment address, “Comparing the Economic Center for the Study of Constitu- highlighted barriers that display and senior leadership, said the pan- with interstate compacts to deal Effects of the COVID Crisis of tional Democracy, the November the unfortunate truth about voting demic changed the world almost with it, saw in the government’s 2020 with the Financial Crisis of 13 conversation also turned to the system inequity, but also expressed overnight, but that the biopharma behavior parallels to militaristic 2008,” and moderated a webinar election. A voting rights expert, hope for a brighter future as a re- industry has continued its mission nations, but added that legal skills panel on race and economic justice Tolson was a CNN analyst for the sult of the widespread mobilization to innovate life-saving medicines are “useful tools in the protection during the pandemic. 2020 election. of social justice warriors. and technologies. and vindication of democracy.” Winter 2021 BC LAW MAGAZINE 7
DOCKET Faculty Scholarship Daniel Coquillette, below, and Bruce Kimball have written a history that acknowledges [Harvard Law’s] accomplishments while shining a bright light on its failures—what the Stanford legal historian Robert W. Gordon calls “an unvarnished institutional history for grownups.” Truth and Consequences Harvard Law’s history, Nazis and all. BY DAVID REICH The Idea: Having set the pattern for legal education and graduated many of the country’s most influential jurists, officeholders, and practicing lawyers, Harvard Law School has unparalleled influence among Ameri- can law schools. A look at the school’s 200-plus-year history reveals deep flaws, however: boot camp-style in- struction, racist, sexist, and anti-Se- mitic policies, an entanglement with slavery, a dean who did jail time for tax evasion, and incredibly, another dean, Roscoe Pound, who initially unknowingly hired a Nazi operative as his special assistant and, write Daniel Coquillette and Bruce Kimball, “became one of the most prominent and respected American apologists for the Nazi regime.” While earlier histories of the school have been more circumspect, Coquillette and Kimball have written a history that acknowledges the law school’s accomplishments while shin- ing a bright light on its failures—what Robert W. Gordon, the Stanford legal historian, calls “an unvarnished insti- tutional history for grownups.” The Impact: On the Battlefield of Merit, the first volume of Coquillette and Kimball’s history of Harvard Law School, came out in 2015. Shortly after publication, Harvard Law School stu- dents began demanding that the school rid itself of its official seal, which—as the book revealed—was based on the POCKET RÉSUMÉ coat of arms of the Royall family, the school’s first financial benefactors, Daniel Coquillette Degrees BA, summa cum laude, Williams, 1966; BA Juris Oxford, 1969; JD, magna cum laude, Harvard, whose great wealth derived from 1971. Clerkships Clerked for Justice Robert Braucher of the Massachusetts Supreme Judicial Court 1971-1972 and Chief Justice of the United States Warren Burger 1972-1973. Leadership Dean of Boston College Law School, 1985-1993. J. Don- the toil of slaves. “The book caused ald Monan, SJ, University Professor, 1996-date. Writing Author of many books, including a two-volume history of Harvard trouble,” says Coquillette—among Law School coauthored with the educational philosopher Bruce Kimball. other things, a student sit-in and the 8 BC LAW MAGAZINE Winter 2021 Illustration by KAGAN McLEOD
formation of a committee to consider the seal’s repressed that a main law school building still FACULTY retirement. By 2016 it had been retired. bears Pound’s name. Between 1934 and 1937 the MILESTONES The Intellectual Sword, volume 2 of Coquillette dean, a lover of German culture, visited Germany A Nod to the Bard Mark Brodin, in and Kimball’s history, continues the first volume’s three times, where he was feted by legal advisers an October letter to the Los Angeles Times regarding what he called President critical integrity, starting with a dust cover depict- to Hitler and Hitler’s SS corps. On his return from Trump’s “towering high crimes and ing the staff of the Harvard Law Review from 1958: one visit, the New York Herald Tribune quoted misdemeanors” and his threats around students Nancy Boxler Tepper and Ruth Bader Pound to the effect that “the average German was upcoming election results, invoked Ginsberg at either end of the panoramic photo and, sincerely in favor of the Hitler regime.” Pound Tom Stoppard’s satirical Shakespearean filling up the middle, fifty-five men. demurred on the question of “whether the powers play, Rosencrantz and Guildenstern Are Dead. Brodin drew an analogy between Harvard Law School accepted its first women [Hitler] now holds” violated the German constitu- the American people and Stoppard’s students in 1950, and for the next two decades tion. During those years, Pound also accepted an doomed characters, who bemoaned, women represented 3 to 4 percent of the student honorary doctorate from the University of Berlin, a “There must have been a moment, at the body. Those few who were admitted were treated coup for Nazi propagandists. beginning, where we could have said— poorly. Each year, new women students attended Peter Rees ’14, a fluent German speaker who no. But somehow we missed it.” a dinner hosted by Dean Erwin Griswold during contributed valuable research to the book, discov- Best of the Best Ray Madoff, which each was asked why she was “taking the ered that Pound had been targeted by the German co-founder of BC Law’s Forum on place of a man.” In 1956, when Ruth Ginsberg’s government, which hoped the influential dean Philanthropy and the Public Good, was among The Charity Report’s 2020 turn came, she was holding a full ashtray in her would depict the Nazi government as normal Exceptional Women, honored for speak- lap, and as she nervously rose to answer, she and nonthreatening. Pound was accompanied on ing out about inequities and making dumped butts and ashes all over the Griswolds’ his trips by his special assistant, Anton Chroust, decisions unpopular with influential living room carpet—“one of life’s most embarrass- whom US Attorney General Thomas Clark de- people. The honorees “articulated a ing moments,” she recalled. scribed as “a wholehearted Nazi … entrusted by critique that took guts, intelligence, wit, and steadfastness,” the report said. Women students were also subjected to a cus- the Nazi government with an important mission tom known as ladies day. While professors ignored in this country”—specifically, the cultivation of Well Chosen David Wirth is one of thirteen new Fulbright US Scholar them on other days, on ladies day the women Pound. The dean employed the German national Alumni Ambassadors, whose mission were peppered with questions about issues like until the outbreak of World War II, when the FBI is to increase the program’s nationwide the legal definition of rape and property rights took Chroust into custody, after which Pound led visibility and to expand the diversity surrounding wedding bands. Sexist treatment efforts to free him. of future participants. In November, didn’t end until “a critical mass of women” arrived Having played a role in the downfall of the law labor law scholar Hiba Hafiz unexpect- edly found herself on the Progressive in the late 1970s, says Coquillette, who credits school’s official seal, does Coquillette believe it’s Change Institute’s recommended list their advent with reform of the law school’s harsh now the time to rename Pound Hall? Paraphras- of hires to President-elect Biden’s instructional methods. ing the historian Annette Gordon-Reed, he says, transition team. While the law school’s institutional memory “To claim we’ve taken care of [historical wrongs] Having Their Say BC Law’s public includes the early history of women students, the because we’ve changed a symbol is much too easy. intellectuals made waves in the latter embroilment with Nazis and Nazism of Griswold’s You can change a name or symbol, but that doesn’t half of 2020. Patricia McCoy appeared predecessor Dean Roscoe Pound, was so deeply change the history.” in American Public Media’s podcast “Spectacular Failures,” about Country- wide’s role in the 2008 financial crisis. Brian Quinn was quoted in the Business NOTABLE FACULTY PUBLICATIONS of Fashion on the M&A battle sur- rounding Tiffany and Co. Renee Jones Sanford N. Katz, Darald Hiba Hafiz, in “Labor’s George Brown writes that Cheryl Bratt developed discussed the sizzling IPO market with & Juliet Libby Emeritus Antitrust Paradox” (University the Supreme Court decision in an opportunity for first-year the Wall Street Journal. Kent Greenfield Professor, has completed the of Chicago Law Review), ana- the controversy over the halt- students to apply skills they spoke to multiple outlets on everything third edition of Family Law in lyzes the limitations of current ing of traffic on the George are learning in their legal from election lawsuits to Amy Coney America, which was published labor-antitrust proposals and Washington Bridge in 2013 by writing course to real-time Barrett’s ascension to SCOTUS. Daniel by Oxford University Press. argues for “regulatory sharing” associates of then-New Jersey representation of individuals Lyons considered big tech censorship New to this edition is a full dis- between antitrust and labor Governor Chris Christie, in need. “Livening Up 1L Year: in an American Enterprise Institute blog. cussion of same-sex marriage law to combat the adverse could be the foundation of Moving Beyond Simulations and analysis of the Supreme effects of employer buyer a “seismic realignment of anti- to Engage 1L Students in Live- Michael Cassidy spoke to the Wall Street Court case Obergefell v power. Among her ideas is corruption enforcement in the Client Work” (The Second Journal on incomplete recordings in Hodges, which held that a ban a restructuring that would US.” He explains in “Defend- Draft) models how to create Breonna Taylor’s case. Kari Hong com- on same-sex marriage was refocus labor-antitrust claims ing Bridgegate” (Washington the experience, rare in the first mented widely on expedited deportation, unconstitutional. on consumer welfare ends. and Lee Law Review Online). year of law school. DACA, and the Oregon protests. Winter 2021 BC LAW MAGAZINE 9
DOCKET Candid “[My father’s] dedication and sense of duty to our family possessed the kind of moral clarity I hope to move through my life with.” Emerging from Childhood Tragedy Matt Burton ’21 walks with the working class. INTERVIEW BY JAEGUN LEE ’20 Burton ran as a Democratic candidate for the Massachusetts House of Representatives during his 2L year, ultimately suspending his months-long campaign in the spring of 2020. I lost my father when I was fourteen years old and lost my mother to multiple sclerosis a short time after that. I overcame it through tremendous luck. I was able to find mentors who took a real interest in my success, which is more than half the battle. My father had a major influence on my life. He worked full-time as a butcher and then came home and cared for my mother, who was left bedridden as a result of her multiple sclerosis. His dedication and sense of duty to our family possessed the kind of moral clarity I hope to move through my life with. School teachers are no longer simply masters of content. Working as an English teacher at a public high school before coming to law school, I learned early on about the sheer mass of structural issues in society affecting my students’ everyday lives and felt it was important to see what more I could do. Law School has been unique at the very least. To key-in specifically on my interests, I’ve become increasingly concerned with identifying and unravelling the legal mechanisms in place which make it so difficult for work- ing people to get ahead. The only good time-management advice I have is to find good friends who believe in you and will help with whatever crazy ideas you have. To this I owe everything to fellow 3Ls Cherylann Pasha and Brett Gannon, who helped every step of the way. STUDENT SNAPSHOT I ran for state office last year in order to move the local Provenance Salisbury, Massachusetts. Learn- Democratic Party towards a program that would help the ing BA in English, Salem State. Pre-Law Public working class and promote accountability and transparency high school teacher. At BC Law Compassionate in the State House. I suspended my campaign after forming Release and Parole Clinic, Ninth Circuit Appellate Clinic, and “pensive worrying.” Law Career Goal a coalition of working folks in the district, which I believed Trial attorney doing criminal law or plaintiff’s work. would hold the local party accountable throughout the race. Wish It Never Existed Private health insurance. Favorite SCOTUS Justice Chief Justice Earl I hope I will continue to be an advocate for those in society Warren. Favorite Pastime Reading novels or who are without. It’s foolish to think any of us will die in listening to 1980s-era Bob Dylan. Worst At “I am sometimes bad at sincerity. I like to joke.” Favorite a just society, but important to look back knowing we did Snack Almonds. Guilty Pleasure “Islands in the everything we could to make this a better world. Stream” by Dolly Parton and Kenny Rogers. 10 BC LAW MAGAZINE Winter 2021 Photograph by DIANA LEVINE
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DOCKET In the Field POCKET RÉSUMÉ Ramona See ’85 Judge, Los Angeles Superior Court. Certifiably Adventurous See is an avid scuba diver and skier, who has completed more than 2,000 dives across the globe and plans to next ski the legendary slopes in Verbier, Switzerland. Big 10 Back Then She earned a BA in international relations and political science from the University of Michigan and remains a diehard Wolverines football fan. An Adventurer coincidence, a guy from Boston walked in. I told him I was looking ian said, ‘You would be good as a judge,’” recalls See, who followed Finds Her Calling at BU and BC for law school and he said, ‘You’ve got to go BC,’” recalls her clerkship with a decade in private practice, mostly in real Judge Ramona See ’85 only sits still on the bench. See. “I took his advice and talked estate and business litigation. BY MAURA KING SCULLY to some other people and what Then, Tevrizian circled back, everyone told me was true: It was intent that his protégé fulfill what The currents were strong in the Maldives last year. And that academically fulfilling, and I made he regarded as her destiny. “He was just fine with the Honorable Ramona See ’85, whose friends I’m still close to today.” said, ‘You have to strike while the passion for scuba diving has taken her to Indonesia, Italy, After graduating, See clerked iron is hot.’ I finally applied and Switzerland, and New Zealand, to name just a few of the destina- with the Honorable Dickran was quickly appointed.” tions she and her husband, a fellow lawyer and fellow certified dive Tevrizian at the US District In California, where See has instructor, have navigated. In fact, diving in Bermuda was the unlikely Court for the Central District served on the bench since 1997, catalyst that landed See at BC Law. of California. “It was a turning judges are elected to six-year “I was working as a dive instructor at a hotel in Bermuda and just by point in my career. Judge Tevriz- terms, but most superior court 12 BC LAW MAGAZINE Winter 2021 Photograph by ADAM C BARTLETT
1 2 3 4 Paths to Success effective initiatives. Imple- of downloading malware judges are first appointed by the menting DEI initiatives or becoming a victim of governor to fill vacancies. See in a vacuum can be harm- identity theft is too great.” was initially appointed to the Los Alumni find career satisfaction in diverse places. ful to an organization and Angeles Municipal Court and to diverse employees.” 4. Raghav Kohli ’10 then, in 2000, moved to the Los 1. Tracy Miner ’85 2. Michael Thomas ’97 Driven As director and Angeles Superior Court; she has Playing Defense Formerly Labor of Love As a prin- 3. Steve Weisman ’73 assistant GC at Waymo a partner at Demeo and cipal in the Los Angeles Security Patrol He is a (formerly Google Self- been re-elected to serve in unop- Mintz, she is co-founder office of Jackson Lewis, nationally recognized Driving Car Project), he’s posed races ever since. of Miner Siddall, Boston’s he defends employers in expert in scams, identity fast-tracking deployment In addition to her responsi- only all-woman, boutique class actions and conducts theft, and cybersecurity; of self-driving systems. bilities as a judge, See’s priorities white-collar defense litiga- diversity, equity, and is of counsel to Margo- Scenic Route Kohli moved are service, mentorship, and tion firm. Women Power inclusion (DEI) trainings lis and Bloom in Boston; from Morgan Lewis to Among her high-profile and workshops. Haste and teaches a course on Google to Waymo. “The teaching. She has held leadership clients are defendants in Makes Waste An expert on white-collar crime at draw to Google was its positions with the California the “Varsity Blues” college DEI, he cautions against Bentley University. Read impactful products and Judges Association, the American admissions scandal. “Our cookie-cutter approaches. All About It He posts mission of organizing the Bar Association, the California clients hire a creative team “My DEI practice involves “Scam of the Day” warn- world’s information and Center for Judicial Education who have overcome the knowledge of employ- ings on his website, www. making it universally ac- odds in their professional ment law, pay equity, and scamicide.com, which the cessible. Waymo is an op- and Research, and the National lives and who will use concepts of neuroscience, New York Times calls one portunity to work on a na- Conference of State Trial Judges, those skills on their behalf. intergenerational trauma, of the three best sources scent technology and help among other organizations. Women are more likely mindfulness, yoga, and for information about build a legal function from As a member of the ABA’s Rule to collaborate with one organizational behavior. pandamic-related scams. scratch.” Safety There are of Law Initiative, she has traveled another, and the clients Instead of rushing to Words to Live By “My mot- about 1.35 million deaths benefit from this collabora- implement a strategy, I to is, ‘Trust me, you can’t annually from vehicle ac- the globe, including to a meeting tion.” Advice “If you want recommend that clients trust anyone.’ The biggest cidents, 94 percent of them in Tbilisi, Georgia, that included to launch your own firm, conduct a DEI assess- source of data breaches due to human error. “We leaders of the country’s bar and realize that you won’t have ment of key metrics and is through spear phishing analyze every legal issue bench. “It’s very segregated the support staff that you cultural indicators. This emails. Never click on to ensure we’re driving there—judges don’t talk to law- have at medium or large entails identifying DEI a link or download an at- outcomes that support the firms. Focus on what you gaps, which will then help tachment unless you have deployment of self-driving yers. I was thrilled that my visit do best and don’t expect to an organization to develop absolutely confirmed that technology to improve road brought these groups together in sleep much.” a DEI strategic plan and it is legitimate. The risk safety,” Kohli says. —MKS one room,” she explains. See is particularly committed to advancing people of color in the profession and spent six years as AFFORDABLE HOUSING chair of the ABA’s Judicial Clerk- TO WRITE HOME ABOUT ship Program, which introduces Fradique Rocha ’80 “It seems obvious that having a place tenants to increase customer satisfaction, and provided law students from diverse back- to live and to be safely housed is a critical component of a tools to reduce administrative burdens and simplify tasks. grounds to judges and law clerks. healthy environment and life,” says Rocha, co-chief executive “Some programs and agencies have been deemed “I’ve always striven to hire officer of CVR Associates, an affordable housing consult- deeply troubled by HUD [US Department of Housing ing firm that he co-founded in 1995 after serving as general and Urban Development],” explains Rocha. “We have externs of color and females,” See counsel to the Boston Housing Authority for three years. been engaged to assist in turning things around, brought says. “This is not a clerkship or “There are over 3,000 public housing authorities in this in technology paired with subject-matter expertise, and externship where you sit around country, and they have sadly often been underfunded. Our succeeded in making them HUD high performers.” and watch the court. When some- goal is to bring private sector efficiency to the public sector Rocha’s team of 200 also consults on development. one clerks or externs for me, they to create a positive impact on people’s lives,” Rocha says. “We don’t want affordable housing to be islands of pov- CVR assists housing agencies, nonprofits, cities, and erty,” he explains. “Our in-house architects and engineers learn a great deal about research, industry service providers in improving their operations, help develop conceptual designs so that affordable hous- writing, and arguing. I’m here to thereby delivering quality housing opportunities to those ing is part of the neighborhood and not segregated.” help advance their careers, just in need. The com- Rocha observes that there is a stigma associated with as mentors along the way helped pany has developed affordable housing in America, whereas in some countries, me advance.” software to streamline it is tied to health and education in a more significant housing management way. “We need to do that better,” he says. “When you see In other words, See expects operations, created people moving back into a vibrant community and they those who work with her to share web-based portals for see a new, good quality home, with a future, their joy is her passion for diving right in. housing owners and tremendously rewarding.” —MKS Winter 2021 BC LAW MAGAZINE 13
DOCKET Brainstorm 14
Q+A “Racism is a system that saps the strength of the whole society. WITH We can act to dismantle racism.” CAMARA PHYLLIS JONES, past president of the American Public Health Association, CAMARA senior fellow at the Morehouse School of Medicine, and anti-racism activist PHYLLIS JONES CJ: Racism is foundational in you work hard, you will make it. Orleans after Hurricane Katrina, our nation’s history and it con- Most people who’ve made it have when the levees broke. We’re and DEAN tinues to exist, with profoundly worked hard. But not everybody already normalizing the dispro- VINCENT ROUGEAU negative impacts on the health who has made it worked hard, portionate impact of Covid-19 and well-being of the nation. In and many other people are work- on communities of color, just the the overall discussion of racism, ing just as hard or harder who way we have normalized the dif- we have three tasks: naming will never make it because of an ferences in infant mortality rates racism, asking how racism is uneven playing field. and the differences in maternal operating here, and organizing There’s also the endorse- mortality rates, or even the dif- and strategizing to act in ways ment of the myth of American ferences in diabetes prevalence that will propel us forward. exceptionalism, that we’re so and other preexisting conditions. Those were the elements of a na- special, so unique, that we can’t tional campaign against racism even learn from other countries. VR: It comes down to how we that I launched in 2016, when I The source of that is white think about rights and responsi- was president of the American supremacist ideology, which is bilities. Many other democratic Public Health Association. not just a lightning-rod term. It’s countries recognize in their a description of a false idea of a constitutions certain rights that VR: More and more, as we dive hierarchy of human valuation by we do not. There, economic and deeply into what some people race with white people at the top. social rights are paramount, so have called a second-generation, that people have a right to equal- post-Civil Rights-era discussion, VR: This ahistoricism and its ity and education. They have what emerges is a new reckon- connection to structural racism a right to housing. That’s not ing of how we need to engage the can be seen in the law. With always easy to actualize, but it is issues of structural racism in our the nomination of a Supreme important that these rights are society. Before, we were focused Court justice, there is talk about at least recognized. heavily on individuals: on not “originalism” as a way of thinking A New discriminating against individu- als and not being racist ourselves. about constitutional law. The problem with this approach is CJ: We blame the people. We blame the disparate outcomes on Reckoning This is important work that had to be done. But it plays into a you can’t freeze time. The past informs the present. If we’re not the individual. There are actually people in this country who think Remedies for the sickness tendency in American culture to engaged in an honest assessment that we have the best health care of racism. ABRIDGED individualize everything. of the past, we’re going to end up system in the world. We do not AND EDITED BY CLEA SIMON with very distorted results about even have a health care system. CJ: Even now, when people say how we enforce the laws. We have various health care DR. CAMARA PHYLLIS JONES , systemic racism or structural What we see is legal systems systems with lots of holes. past president of the American racism, it’s as if they were dis- created with the assumption Public Health Association, senior tinguishing it from something that everyone is engaging with VR: We need to think more fellow at the Morehouse School else, the individual racism that the legal system on an equal ba- strategically about how we can of Medicine, and anti-racism activist, was a guest speaker last you’re talking about. But in my sis. That is false. The outcomes band together across differ- fall at the Boston College Forum understanding, racism is the reflect the inequality, but no one ences. Because at the end of the on Racial Justice in America, system. It’s this system medi- wants to address the founda- day, we are all undermined by whose inaugural director is BC ated through people and then tional inequalities. They want to the racism in society. Its nega- Law Dean Vincent Rougeau. In internalized. cling to the notion that the law is tive impacts on the victims are an interview before her talk, the We, as a country, are ahistori- a system that is being exercised more obvious, but the negative two spoke about racism, the dif- ferent ways bias manifests itself cal. We act as if the present were on the basis of equality. impacts on those who are not in law and medicine, and how disconnected from the past and victimized by it are there as well. best to define and counter such as if the current distribution of CJ: In terms of public health, deep-seated prejudice. advantage and disadvantage were we saw the effects of struc- CJ: Racism is a system that saps just happenstance. We endorse tural racism acutely with all the the strength of the whole society. the myth of meritocracy: that if Black folks on the roofs in New We can act to dismantle racism. Photograph by TONY RINALDO; Illustration by STEVE SANFORD Winter 2021 BC LAW MAGAZINE 15
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