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Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Magazine Summer 7-1-2021 BC Law Magazine Summer 2021 Boston College Law School Follow this and additional works at: https://lawdigitalcommons.bc.edu/bclsm Part of the Legal Education Commons
PLUS GR E AT CA SE Lost BOSTON COLLEGE Treasure LAW SCHOOL MAGAZINE Nicholas SUMMER 2021 O’Donnell ’03 BC.EDU/BCLAWMAGAZINE Fights for Nazi- Looted Art JU S TICE Day of Reckoning BC Law Takes on Systemic Racism’s Environmental Harms THE ACA DEM Y Change at the Top Celebrating Dean Rougeau’s Remarkable Decade A VOICE TOMORROW FOR What Is Leadership, Really? When a student like Chinyere Okogeri ’21 began making her way through law school and got out in front of issues, organized classmates, and inspired change in many directions, her community took notice.
BC Law Magazine UNDER HER INFLUENCE Professor Ray Madoff’s long campaign to pry philanthropic dollars from donor-advised funds and private foundations and get the monies to working charities has made important progress. Page 8 Cover photograph by DIANA LEVINE Photograph, this page, by TONY LUONG
Contents SUMMER 2021 VOLUME 29 / NUMBER 2 32 26 38 Features 16 Transforming Lives Celebrating the careers 20 56 of four departing scholars. By Jane Whitehead 20 Looted: A Saga of 2 Foremost In Limine From the editor. 8 Faculty Scholarship Ray Madoff influences Esquire 32 Generations Nazi-Stolen Art US Senate move to reform Tamara Devieux-Adams ’00 The maddening tale of the 3 For the Record donor-advised funds; and Earl Adams Jr. ’02. Guelph Treasure’s theft Updates and contributors. SEC taps Renee Jones for and the enduring quest for directorship; milestones 33 Class Notes restitution by the heirs and 4 Behind the Columns and publications. their attorney Nicholas The Times They Are A’ 38 Alumni News O’Donnell ’03. By Jeri Zeder Changin’: Reflections on 10 In the Field 2021 Commencement ten years at the helm. Thomas O’Halloran ’80, and Law Day. 26 The Republic for By Dean Vincent Rougeau Esther Chang ’07, and other alumni on the job. 40 Raising the Bar Which It Stands Docket 12 Candid 43 The 2020-2021 Racism and inequity have 6 In Brief Chinyere Okogeri ’21 Giving Report eroded our land and poi- Controversial FBI direc- uses her leadership gifts to soned our people, espe- tor talks about the bad, the make a difference. 56 In Closing cially our most vulnerable. good, and a better tomor- The role SCOTUS The day of reckoning over row; Interim Dean Diane 14 Evidence The Dean’s De- can play in reexamining environmental injustice has Ring; young achievers; cade: Rougeau was the right religious freedom. come. By David Reich around the academy. man to light the way. By Ian Ramsey-North ’22 Photographs, clockwise from top left, CAITLIN CUNNINGHAM; STEPHEN VOSS; CHRIS JORDAN-BLOCH; JANINE SCHMITZ; illustration, ALEX NABAUM Summer 2021 BC LAW MAGAZINE 1
IN LIMINE Foremost Our Place— No single issue of BC Law Magazine can (page 26). From Professor Zygmunt Plater to The Moral offer more than a glimpse at the breadth of ac- the hundreds he taught to “walk the land,” a High Ground complishment that manifests in the lives and strong, living legacy has taken root. work of the men and women of BC Law. But As the crimes of the past have returned cumulatively, the view broadens to reveal a re- with a vengeance to haunt today’s courtrooms, The Boston College Law School liable, consistent striving for good, a commit- BC Law alumni are on the right side of history, community never, ever ceases to ment to the rule of law and its potential to right seeing that victims receive their due. One amaze. When the world seems like many of humanity’s hardships and wrongs. such lawyer, Nicholas O’Donnell ’03, is repre- it’s coming untethered, and norms and tradi- That thrum can be heard in every story senting heirs to the Guelph Treasure of relics tions—good and bad—are coming undone, on these pages. For starters, we celebrate the stolen from art dealers by the Nazis. He re- there is always the comfort of a place that dignity, warmth, and insightful leadership cently took the heirs’ case to the highest court hews to the moral high ground. of Dean Vincent Rougeau (pages 4, 14, and in the land, seeking restitution (page 20). 16). There was never any doubt that his moral As government picks itself up and looks to compass pointed in the right direction, and he heal the injuries done to it in recent years, BC inspired those around him to find a parallel Law Professor Ray Madoff is a leader among path. One vivid manifestation is our cover reformers trying to change a philanthropic subject, new graduate Chinyere Okogeri mechanism that can delay or interrupt the (page 12), who understood the value of men- flow of funds to charities (page 8). Thanks tors she found at law school and now goes in part to her determination, a bipartisan forth to make her own mark on the profession. bill to fix the problem is now making its way Curiosity about what BC Law might have through Congress. to contribute to today’s pressing national Within these walls and in the professional conversation on environmental justice halls that alumni tread, there is no end to the revealed a history full of firsts and a long- good that is being done. standing pattern of advocacy for both the VICKI SANDERS, Editor planet and its most vulnerable inhabitants vicki.sanders@bc.edu CONNECT Update your contact information See what colleagues are doing profes- Law’s GOLD graduates. They also Judging Oral Advocacy Competi- fund provide immediate financial to stay in touch with BC Law. To sionally, read about the latest events, work on various other important 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’ programs and have the opportu- pate in four in-house competitions: important needs. Key funding priorities community, volunteer, or support achievements, and publish your own. nity to connect with fellow BC Law Negotiations (fall), Client Counsel- have included financial aid, public inter- the school, contact BC Law’s Join at linkedin.com/school/boston- alumni and expand their professional ing (fall), Mock Trial (fall in 2021), and est summer stipends, post-graduate advancement office: college-law-school. networks. To get involved, email Sean Moot Court (spring). Alumni from fellowships, and faculty research grants. Macaluso, assistant director of annual all career areas are needed to judge Maria Tringale BC Law Magazine The alumni giving programs, at sean.macaluso@ these competitions. Dean’s Council Giving Societies Director of Development magazine is published twice a year, bc.edu or call 978-580-7614. In appreciation for leadership-level Email: maria.tringale@bc.edu in January and June. Contact editor gifts, members receive invitations to Call: 617-552-4751 Vicki Sanders at vicki.sanders@bc.edu Reunion Committees The most INVEST IN OUR FUTURE special receptions and events and or 617-552-2873. To share news, letters successful reunions result when enjoy membership in comparable Kelsey Brogna to the editor, or class notes, please engaged volunteers serve on their Advancing Excellence When you University-wide societies. To learn Associate Director, Alumni Class email lawmag@bc.edu. Reunion Committee. Committees give to BC Law, you have a meaning- more, visit bc.edu/lawgivingsocieties. and School Engagement begin forming the summer prior ful impact on our entire community. Email: bclaw.alumni@bc.edu Regional Chapters & Affinity to reunion weekend, and members Your gifts sustain everything from Drinan Society This society rec- Call: 617-552-8524 Groups Alumni gather to socialize, spend about two hours per month scholarships that attract and retain ognizes loyal donors. Drinan Society Visit: bc.edu/lawalumni network, and stay connected. Our on committee work. 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. GOLD Class Agents The GOLD alumni in the city where they want such as leadership, financial need, BUILD OUR ALUMNI COMMUNITY (Graduates of the Last Decade) Class to live and in the practice area they academic excellence, and public Alumni Association Dues Pro- Agents work closely with BC Law are considering. Mentors serve as service achievements. gram Dues exclusively fund alumni Online Community BC Law’s to strategize and provide feedback informal advisors between students’ activities and events. Support the LinkedIn page is a useful resource. on the philanthropic priorities of BC first- and second-year summers. Law School Fund Gifts to the annual program by visiting bc.edu/lawdues. 2 BC LAW MAGAZINE Summer 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. recalculate the sum owed to Universal College Law School Music Group, Sony Music Entertain- Library this year. ment, and Warner Group. US Disrtrict Clark, who retired Judge Liam O’Grady’s ruling protected in 1995 after twenty-six the $99,000 for each of the 10,017 works Clark years at BC Law, began SUMMER 2021 infringed by the internet company, ac- as a secretary in what VOLUME 29 / NUMBER 2 cording to a story by Law360. was then called the Placement Office, DEAN The legal news service reported that became administrative assistant to Dean Vincent Rougeau an earlier ruling had largely upheld the Richard G. Huber in 1972, and assumed EDITOR massive fine but left open the possibility leadership of the admissions, financial Vicki Sanders that some songs had been counted twice. aid, and registration functions in 1974. vicki.sanders@bc.edu But Judge O’Grady found otherwise, Huber called her “a major influence CREATIVE DIRECTOR saying that Cox had failed to present that on the quality of the Law School by being Robert F. Parsons Verdict Stands in Sony v. Cox evidence to the jury. so effectively involved in the student SEVEN ELM sevenelm.com There are new developments in the copy- As Gould said of the verdict back in selection process.” Many of those who right showdown case between the music June 2020, “The case sends a very strong made it into law school during her time CONTRIBUTING EDITOR Deborah J. Wakefield industry’s Big Three record labels and message to [internet service providers] became known as “Louise’s Kids.” Cox Communications. An Oppenheim and other technology companies that Cook named just a few of his own CONTRIBUTING WRITERS & Zebrak team that included Jeff Gould they can’t build a business that just classmates and other colleagues who Jill Caseria Austin Chandler ’06 won the case for the plaintiffs in 2019 tramples on and disrespects the rights of were among that vast crowd: Michael Jamie Ehrlich ’23 (“The Land of Music and Piracy,” BC Law content brand owners.” Capuano ’77, John F. Kerry ’79, Hon. Brett Gannon ’21 Magazine Summer 2020). David Donnelly ’81, Arthur Bernard ’83, Elaine Lee ’22 This past January, the Virginia fed- Louise Clark and Her ‘Kids’ Francesco Mercuri ’83, Hon. Wilbur Margie Palladino ’85 eral jury’s $1 billion copyright infringe- Brian R. Cook ’85 writes to alert fellow Edwards Jr. ’84, Augusto Grace ’84, Hon. Ian Ramsey-North ’22 ment award against Cox was allowed to alumni that he arranged to have a por- Leslie Harris ’84, Evelynne Swaggerty ’84, David Reich Maura King Scully stand by a federal judge, who refused to trait of Louise Clark hung in the Boston Scott Brown ’85, and Francis Doran ’85. Jane Whitehead Jeri Zeder CONTRIBUTING ARTISTS Chris Buzelli CONTRIBUTORS Webb Chappell Caitlin Cunningham Michael Glenwood Gibbs Diana Levine Tony Luong Alex Nabaum Ben Perini Dana Smith Frank Stockton Stephen Voss IMAGE SPECIALIST Adam DeTour PRINTING Lane Press Boston College Law School of Newton, Massachusetts 02459-1163, publishes Diana Levine Elaine Lee ’22 Frank Stockton Jane Whitehead BC Law Magazine two times a year: PHOTOGRAPHER Diana Levine WRITER Lee is a rising 3L at BC Law. ILLUSTRATOR Born in Southern WRITER British-born and Oxford- in January and June. BC Law Magazine is printed by Lane Press in Burlington, is an advertising and editorial As co-director of LAHANAS, she California, Stockton was reared on educated, freelancer Whitehead VT. We welcome readers’ comments. photographer based in Boston, engages in active conversations a diet of Jackie Chan movies, su- is based in Boston and New York. Contact us by phone at 617-552-2873; previously in New York City. Her surrounding how to better bring perheroes, Star Wars, Ralph Bakshi Her features, essays, and profiles by mail at Boston College Law School Magazine, 885 Centre Street, clients include Rolling Stone, Bill- equity and inclusion to the school’s films, underground comix, and Ital- have appeared in many local Newton, MA 02459-1163; or by email board, MTV, and record labels. She diverse student bodies. Although ian Renaissance painting. His work newspapers and alumni publica- at vicki.sanders@bc.edu. Copyright © 2021, Boston College Law School. has photographed notables such from California, Lee has found has been featured in American tions. Of her profiles in this issue All publication rights reserved. as Presidents Obama and Clinton, her new place in the tight-knit Illustration, Juxtapoz, and Heavy of four departing faculty (page 16), Opinions expressed in BC Law Alicia Keys, Kim Kardashian, and community of BC Law. In this issue Metal magazines. The fun part of she says: “In trying to encapsulate Magazine do not necessarily reflect John Legend. About photograph- she interviews friend Chinyere making the illustration on page 20, these brilliant and varied careers, the views of Boston College Law ing Chinyere Okogere for the Okogeri ’21 (page 12). “Chinyere’s he says, was finding ways to imply one thing stood out. Beyond their School or Boston College. cover of this issue, she says: “I journey shows that mentorship evil intentions through subtle academic accomplishments and loved getting to know Chinyere— and service to our community are costume details. His favorite? The national prominence, these people such an accomplished woman. We lifelong commitments,” Lee says. impossibly white gloves because are all valued most highly for their transported my studio outdoors “Her dedication to the school has they mask the blood on the hands sterling human qualities: humility, into the fresh air and had a blast.” had a visible impact.” of the Nazis. integrity, wit, grit, and empathy.” Illustration by CHRIS BUZELLI Summer 2021 BC LAW MAGAZINE 3
BEHIND THE COLUMNS Foremost “We took a close look at our curriculum, our teaching, our admissions process, and our career services operation, and we realized that there were important changes we could make to enhance the overall experience of law school for our students.” DEAN VINCENT ROUGEAU curriculum, our teaching, our admissions process, and our career services operation, and we realized that there were important changes we could make to enhance the overall experience of law school for our students. We also used the moment to strengthen our relationship with the profession across a range of sectors. Ten years later we are reaping many benefits from our work of retooling and self-reflection. The 2021 admis- sions cycle brought us a record number of applicants, and along with most other elite law schools in the nation, we expect to be over enrolled this fall. But something else that may help to explain the surge in interest in law school right now is the easing of fifteen months of pan- demic, which coincided with an unprecedented authori- tarian threat to our democracy. On January 6, 2021, an armed mob stormed the Capitol building in Washington and came dangerously close to overturning a democratic election. As a result, we now know that a significant minority of our elected officials and fellow citizens are eager to discard many longstanding democratic norms in an effort to install leaders of their choosing, notwithstanding the out- comes of elections. The theories that ground our democracy and the rule of law are under serious attack and those of us trained as lawyers must now stand up and defend them. In this The Times They Are A-Changin’ environment, the need for the kind of education provided at BC Law has never been more urgent. Not only must Reflections on a decade at the helm. BY DEAN VINCENT ROUGEAU we expand the legal profession to ensure that we have a large, diverse cadre of trained legal professionals com- The time has finally come for me to write my last column as dean of mitted to democracy, we also need those lawyers to be Boston College Law School. It is hard to believe that ten years have steeped in a commitment of service to others, particu- passed since my deanship began, and what a remarkable decade it larly the weak and marginalized. has been. ¶ When I arrived at BC in 2011, legal education and the We no longer can assume that all of our fellow citizens are committed to living under the rule of law. So, as I leave legal profession were under attack. The job market for lawyers was you, I urge the BC Law community to hold firm in its com- tight, applications to law school were in steep decline, and the media mitment to stand out nationally among other law schools had begun a relentless campaign of questioning the value of a law because we respect and are concerned for each individual. degree. We were told that law school should only be two years, that We strive to reflect the world’s rich diversity and work legal education was not sufficiently experiential, that law school was together to create a community of growth and learning. too expensive, and that the degree did not deliver sufficient value This commitment has guided me in my leadership of this outstanding law school and has made me so proud to for the money. ¶ As is the case with many critiques, there was wis- be your dean. These values have been transferred suc- dom to be found in some of what was said, but there was also plenty cessfully to generations of BC Law students for close to of hyperbole. Some of the attacks were simply wrong and complete- 100 years, and I am confident that they will continue to ly misguided. Nevertheless, at BC Law we took a close look at our guide BC Law as it enters its next century in 2029. 4 BC LAW MAGAZINE Summer 2021 Photograph by SUZI CAMARATA
Campus News and Events of Note IN BRIEF 6 FACULTY SCHOLARSHIP 8 IN THE FIELD 10 CANDID 12 EVIDENCE 14 SCORING GOALS ON WALL STREET Thomas O’Halloran ’80 didn’t end up at all where as a young man he dreamed of being: in a hockey arena. Instead, he took his competitive spirit to law school, an attorney general’s office, business school, and into investment banking. Now, O’Halloran has discovered that being a portfolio manager at Lord Abbett is akin to playing the sport he loved. “Every day is like going on the ice at Boston Garden to play for the Stanley Cup,” he says. Page 10 Photograph by RICK WENNER/REDUX Summer 2021 BC LAW MAGAZINE 5
DOCKET In Brief “We are at an inflection point and they don’t come along that often, … a point where we’re going to see extraordinary growth.” JAMES COMEY on the pivotal moments and institutions like the FBI and the Department of Justice Comey’s View Vincent Rougeau: As our stu- dents are developing their legal JC: I had assumed that after 9/11, we had attracted a broad Controversial former FBI director talks expertise, what would you say to spectrum of America to the work. about the opportunity to build a better tomorrow. them about how they retain core But we hadn’t. The statistics Interview Edited and Abridged by JAMIE EHRLICH ’23 aspects of their humanity, which shocked me. I wrote to the whole really allow them to be effective? workforce and said: This is an Former FBI Director James Comey was at the helm of the FBI emergency. This is a crisis. First during some of the most tumultuous times in Washington, DC, James Comey: Understanding of all, there’s a moral imperative. in recent years. As the institution’s seventh director, Comey people is the key to being an effec- We have to attract more people of was leading the federal investigation into the Trump campaign’s alleged tive advocate, counselor, friend, color, more women, to be part of ties to Russia when he was fired by the Commander-in-Chief. The spouse—understanding that this, but there’s also an effective- former federal prosecutor joined Law School Dean Vincent Rougeau people are seeing the world and ness imperative. As the country and the Criminal Law Society last spring to discuss his new book, Saving experiencing it differently than grows more complicated, more di- Justice, his career, government service, and national security. you are. And also realizing that we verse—in my view more wonder- share a common experience and ful—we have to be effective and we’re all afraid. Every human being have to look more like America. is afraid. Understanding that and And so we set about to change the trying to use it as an engine for the FBI in significant ways. development of empathy, a sense of feeling and connection with other VR: You’ve spoken at length about people, is also at the heart of being pivotal moments and institutions an effective advocate. like the FBI and the Department of Justice. Are we in the midst of VR: How would you advise young another pivotal moment for these lawyers to understand the domes- institutions? tic and foreign security threats that this country faces? JC: We are at an inflection point, a point where we’re going to see JC: The challenge and wonder of extraordinary growth. There’s the internet are the same thing. no deep state, but there are deep The wonder is we’re all next-door values that go into bedrock. neighbors. Beijing and Boston Apolitical non-partisan law are separated by microseconds enforcement is written on the because information and video hearts of everybody who works images, expressions of joy and there. They don’t want to be part sadness are moving at the speed of anybody’s political tribe. They of light. But the bad part is we’re haven’t changed [during] the four all next-door neighbors. And so years of the Trump administra- people who want to take every- tion. They’ll be unlocked pretty thing that means anything to you quickly and talent will flow back are just as close to you as if they to the extent that people left. The were in the next cubicle. harder part of the inflection point is going to be to lead Americans COMEY: ROUSE PHOTOGRAPHY GROUP, LLC VR: How much geographic, eth- out of the fog. And so the mission nic, linguistic, and racial diversity for the new president and for the did you see—or how much of a new leaders of the Department of change did you see—during your Justice is to help people escape Former FBI Director time in the FBI? How would you that fog, to show them what James Comey think about those issues going empathetic, competent, honest forward for the FBI? leadership looks like. 6 BC LAW MAGAZINE Summer 2021
Interim Dean Diane Ring from 2010-2012, and in that capacity THE YOUNG Next Generation Leader program. Selected for her assisted Rougeau in his transition when ACHIEVERS commitment to ACS engage- he was hired in 2011. He described her ment and strong leadership as “talented and accomplished.” Two for Thoms qualities, Gooen will have the Molly Jane Thoms ’22 has been opportunity to further her In addition to her academic adminis- awarded two fellowships this public interest career aspira- tration skills, the Dr. Thomas F. Carney summer, both in line with her tions in accordance with her Distinguished Scholar is a respected interests in youth and educa- deeply rooted commitment to tion. In addition to receiving social justice. leader in the field of international taxa- one from Equal Justice America, Ring Named tion, corporate taxation, and ethical issues in tax practice. Her recent work Thoms was among five stu- dents in the state to win a Passion Leads to Prestige Alyssa Rao ’21 will advocate on Interim Dean addresses issues including information Massachusetts Bar Foundation Legal Intern Fellowship. behalf of survivors of domes- tic violence as a fellow in the BC Law tax professor is the first exchange, tax leaks, international tax Family Law Unit of Greater woman to have the role. relations, sharing economy and human Legal Eagle Takeover Boston Legal Services. The Jessie Baek ’23, Dhairya two-year Equal Justice Works equity transactions, and ethics in inter- Bhatia ’23, and Travis Salters Fellowship is one of the most Diane Ring became Interim Dean of national tax. ’23 make up half of this year’s prestigious post-graduate Boston College Law School in July, mak- Ring received her JD from Harvard Boston Bar Association legal fellowships in the coun- Diversity, Equity, and Inclusion try, making Rao’s selection all ing her the first woman to serve in that Law. She was a consultant for the Summer Fellowship recipients. the more impressive. role in BC Law’s ninety-two-year history. United Nation’s 2014 project on tax base The program provides law She filled the vacancy left by Vincent protection for developing countries and students from historically Powerful Words underrepresented backgrounds Rohena Rajbhandari ’22 won Rougeau, who departed for the presiden- was the International Fiscal Associa- with access to critical work ex- the ABA’s 2021 Consumer cy of the College of the Holy Cross. tion’s US National Reporter for the 2012 perience through paid summer Protection Committee Law A member of the BC Law faculty for IFA Conference on the Debt Equity internships in public service. Student Essay Contest. The award includes a $5,000 schol- more than fifteen years, Ring was just Conundrum. She is a Vice Chair for the Leadership Recognized arship and the publication of finishing her three-year term as Associ- Tax Section Committee of Teaching Elizabeth Gooen ’22 is one of her essay, “Finding Venmo: ate Dean of Faculty when she was tapped Taxation of the American Bar Associa- twenty-eight students chosen Applying Consumer Protec- from nearly 200 chapters tion Regulations to Peer-to- for the interim deanship. She also served tion and she has co-authored three case to be part of the American Peer Payment Platforms,” in as Associate Dean for Academic Affairs books on taxation. Constitution Society (ACS) an ABA publication. AROUND THE ACADEMY Kenji Yoshino Melissa Nobles James W. Coleman Amali Tower Werner Haslehner “Covering,” a strategy in which indi- Racial Justice and Democracy The associate professor at Southern The founder and executive director The University of Luxembourg viduals downplay outsider identi- was the topic of a panel discus- Methodist University’s Dedham of Climate Refugees, a project European and International tax ties to blend into the mainstream, sion hosted by the Black Law School of Law discussed energy, created to help people displaced law professor and ATOZ chair was the topic of an event hosted Students Association and Good economics, and the environment across borders, took part in a for European and International by the LSA D&I Committee. The Governance Project at which during an event hosted by BC panel discussion put together by Taxation presented at a Tax Policy Chief Justice Earl Warren Profes- the then-dean of MIT’s School Law’s Federalist Society. Coleman BC Law’s Immigration Law Group, Workshop in which he discussed sor of Constitutional Law and Di- of Humanities, Arts, and Social helped attendees cut through a Environmental Law Society, and his paper, “International Tax rector of the Center for Diversity, Sciences joined two others. They lot of the rhetoric on both sides APALSA. Speakers explored the Arbitration after BEPS.” He is NOBLES: COURTESY MIT Inclusion, and Belonging at NYU, engaged in a conversation about of current issues surrounding current global response to climate course director for the Master in discussed barriers to authenticity how an improved democracy is a environmental regulations in Texas. migration, identified gaps in cur- European and International Taxa- in law school and strategies for conduit for racial justice, and how He went on to offer his opinion on rent legal frameworks, and spoke tion LLM program at the university. bringing one’s authentic self to the an improved democracy can make the situation and suggested how about the work to adjust to this He has also had four papers pub- study and practice of law. way for more racially just policies. differences might be resolved. increasingly frequent phenomenon. lished in 2021, all on taxation. Summer 2021 BC LAW MAGAZINE 7
DOCKET Faculty Scholarship “It’s very exciting to have bipartisan support for this incredibly important issue. This proposed bill takes an important step in restoring charities as the appropriate focus for charitable tax benefits.” PROFESSOR RAY MADOFF Having Her Sway in donations from 2014-2018 because of the increase in money that features Madoff, the New York Times reports that the ACE Professor Madoff influences US Senate move to reform flowing to private foundations Act “would require a donor who donor-advised funds. BY JERI ZEDER and donor-advised funds. wanted the full tax benefit right Senator King said that the away to ensure that the funds were Professor Ray Madoff’s campaign to pry philanthropic dollars ACE Act will “ensure that chari- dispensed within fifteen years. If from donor-advised funds and private foundations and get table contributions will swiftly that is too fast a pace, or if donors those monies to working charities made important progress reach the worthy organizations are focused on giving over a longer in June when Senators Angus King (I-ME) and Chuck Grassley (R-IA) doing good...all over the world.” time span, they could take fifty introduced the bipartisan Accelerating Charitable Efforts (ACE) Act. Currently, an individual or years to pay out. But they would The bill’s provisions are based on proposals developed by the Initia- family who sets up and contrib- need to wait until then to claim tive to Accelerate Charitable Giving, a consortium of leaders from the utes to a donor-advised fund with the full tax deduction.” charitable sector, including philanthropist John Arnold and the Ford, a financial institution (like Fideli- The ACE Act would also close Hewlett, Kresge, and Kellogg foundations. Madoff has been exploring ty, Schwab, Vanguard, or Goldman certain loopholes exploited by pri- these issues through the Forum on Philanthropy and the Public Good, a Sachs) benefits from an immedi- vate foundations (like the Bill and think tank she founded with BC Law adjunct professor William Bagley ate charitable tax deduction. The Melinda Gates Foundation, the in 2014, where scholars, former government officials, and billionaires financial institution that holds Walton Family Foundation, and study how to reform the laws governing philanthropy. the funds benefits by collecting numerous small family founda- Among the forum’s influential publications is the recent report, “Im- management fees. However, chari- tions). Private foundations are re- pact of the Rise of Commercial Donor-Advised Funds on the Charitable ties (like the local food pantry) quired to pay a minimum of 5 per- Landscape 1991-2019,” which was highlighted by the Chronicle of Phi- may never benefit, because there cent of their assets to charity each lanthropy News Digest. The report, co-authored by Madoff and econo- is no requirement that the funds year. The loopholes allow them to mist James Andreoni, shows that charities missed out on $300 billion be dispersed to them. In an article count as part of their minimum pay-out the salaries and travel expenses of family members, and any donations made to donor-ad- vised funds. The ACE Act would end those practices. Today, an estimated $140 billion is sitting in donor-advised funds, and $1 trillion is bottled up in pri- vate foundations’ endowments. “It’s very exciting to have bipar- tisan support for this incredibly important issue,” Madoff says. “Over the past thirty years, the focus has shifted to donors, and charities have been shunted to the sidelines. This proposed bill takes an important step in restoring charities as the appropriate focus for charitable tax benefits.” What’s next for the forum? “Well,” Madoff says, “we have a bill proposed, but that’s not a law passed. So, for now, we are absolutely going to be working on educating the public and the sector about the importance of these rules.” 8 BC LAW MAGAZINE Summer 2021 Photography by TONY LUONG
SEC Taps Jones FACULTY for Directorship MILESTONES World Views Professor to serve in corporate finance division. Frank Garcia offered testimony to the European Union Commission on Boston College Law School Professor Renee international investment law reform. Joan Blum presented at Tashkent State Jones, a respected scholar on matters of corpo- University of Law in Uzbekistan on rate governance, ethics, and regulation, began joining theory and practice in the US work last month as the director of the Securities legal education. and Exchange Commission’s Division of Corpora- Goodbyes tion Finance. Kari Hong, who founded BC Law’s She remains on the BC Law faculty, on a leave of Renee Jones Ninth Circuit Appellate Program in which her students prevailed in 10 of absence during her service at the commission. the 14 decided cases, has moved to BC Law Interim Dean Diane Ring described Montana. Business professor Tinu the Princeton and Harvard Law-educated Jones in corporations, securities regulation, startup com- Adediran has departed for Fordham Law. Frederick M. Hart, an expert in the as “an incredibly insightful and critical thinker” pany governance, and financial regulation. Uniform Commercial Code who taught and said, “I have no doubt that she will excel in Her recent article, “The Unicorn Governance at BC 1961–1968, passed away in June. her new role.” Trap,” published in the University of Pennsylva- New Leadership According to the SEC website, the division nia Law Review Online, highlights the risks posed Following Vincent Rougeau’s assump- works “in support of the commission’s mission to by the increasing number of unicorns (private tion of the presidency at Holy Cross, As- protect investors, maintain fair, orderly, and ef- companies valued at $1 billion or more) to inves- sociate Dean Heather Hayes joined him there as Vice President. Jennifer Per- ficient markets, and facilitate capital formation” by tors, employees, consumers, and society. A related rigo, assistant dean for career services, providing investors “with material information in story, “It’s Time Unicorns Grew Up,” appeared in replaced Hayes as Interim Associate order to make informed investment decisions, both BC Law Magazine. Dean of Strategic and Student Affairs. Douglas Saphire assumed Perrigo’s pre- when a company initially offers its securities to the “Robust public disclosure has been a hallmark vious role on an interim basis. Katharine public and on an ongoing basis as it continues to of effective securities regulation since the 1930s,” Young succeeded Diane Ring (see page give information to the marketplace.” The division SEC Chair Gary Gensler said in a statement. “Re- 7) as Associate Dean for Faculty and Daniel Lyons succeeded Renee Jones also provides interpretive assistance to companies nee brings deep expertise in corporate governance (see story at left) as Associate Dean with respect to SEC rules and forms and makes and securities law to the Division of Corporation for Academic Affairs. Mary Holper ’03 recommendations to the commission regarding Finance. Her leadership will be invaluable as the succeeded Judith Morrow as Associate Dean for Experiential Learning. new rules and revisions to existing rules. division facilitates disclosure under our current Jones is a member of the American Law In- rules and undertakes rule modernization.” Kudos stitute and former co-chair of the Securities Law “I am honored and humbled to be joining the Se- Sharon Beckman, associate clinical professor and director of the Boston Committee of the American Bar Association. At BC curities and Exchange Commission,” said Jones. “I College Innocence Program, was named Law, where she most recently served as Associate am looking forward to the challenging and exciting a 2020 Lawyer of the Year by Massachu- Dean of Academic Affairs, Jones has taught courses work ahead.” setts Lawyers Weekly. She was honored for her work to free Frances Choy, a young Massachusetts woman who served seventeen years for a double NOTABLE FACULTY PUBLICATIONS murder she did not commit. Thomas Carey ’65 was honored May 25 with the Massachusetts Bar Association’s Katharine Young, in “The Paolo Barrozo writes, in R. Michael Cassidy co- Brian JM Quinn, writing in President’s Award. Idea of a Human Rights-Based the Yale Journal of Law and authored two books, Profes- the University of Richmond Economic Recovery after Co- Humanities, that “in the sional Responsibility in Focus, Law Review, contests conven- Scholars in Action vid-19,” which was published ongoing institutionalization of (Second Edition) and the tional wisdom that MACS in Steven Koh, who was recently elected in the International Journal of normativity and adaptability, Massachusetts Guide to Evi- merger agreements provide co-chair of the Junior International Public Law and Policy in 2020, social stability as constant dence, 2021 Edition. Also, his an opportunity for buyers to Law Scholars Association, presented provides a visionary take on normative change is as much article, “Character, Credibility renegotiate the agreements “The Criminalization of Foreign Rela- a post-pandemic world. The a sociological as it is an and Rape Shield Rules” in the in the event of intervening tions,” at a Georgetown Law Center associate dean of faculty ethical achievement of legal Georgetown Journal of Law and adverse events. His post- Colloquium. Daniel Lyons gave testi- argues that people’s rights to systems.” The article, “Law Public Policy proposes a “next pandemic analysis of modern mony before Connecticut and Rhode economic and social rights are in Time: Legal Theory and wave” of reform for rape shield MACS in merger agreements Island legislators on the effect of as essential as civil and politi- Legal History,” was published rules to balance the interests of is titled “MACS, Mergers, and proposed state reforms at the Federal cal protections. in 2021. the parties involved. Covid-19.” Trade Commission. Photography by DANA SMITH Summer 2021 BC LAW MAGAZINE 9
DOCKET In the Field POCKET RÉSUMÉ Thomas O’Halloran ’80 Partner and Portfolio Manager, Lord, Abbett & Co. Learning by Degrees In addition to his JD and MBA, he holds the Chartered Financial Analyst (CFA) designation. In the Swing of Things He’s an avid golfer and also enjoys water and snow skiing with his wife of thirty-six years, Andrea; four daughters; and four grandchildren. Same Thrills, That said, O’Halloran took well to law. After graduating, he but became intrigued by Wall Street. So, he went back to school Different Arena clerked on the Supreme Court of Rhode Island and went on to for an MBA at Columbia Univer- sity with the goal of becoming O’Halloran trades skates for fund management. become a special assistant at- an investment banker. “My wife, BY MAURA KING SCULLY torney general for Rhode Island Andrea, worked to put me through for two years. “Being a prosecutor business school, paycheck to Tom O’Halloran manages the $8 billion Lord Abbett Growth was a thrill,” says O’Halloran. “I paycheck,” he recalls. “And then I Leaders fund. Which still sort of surprises him because what tried forty felonies—just me and graduated and didn’t have a job.” he wanted was to be a professional athlete. “I held on to the a police officer. Making decisions He had no idea how long the naive dream that I could be a pro athlete and didn’t become a serious and speaking in public are critical odds were for investment banking, student until the second half of college,” recalls O’Halloran, who at- to what I do today, and I learned “I stumbled upon a notice on a cork tended Bowdoin College to play ice hockey. “In my final year, I decided much of this from my legal career.” board that said Dillon, Read & that trial law was an exciting area that I should pursue, but, really, law O’Halloran segued to civil Co., an investment banking firm, was a fallback for me.” litigation for a couple of years was seeking a venture capital 10 BC LAW MAGAZINE Summer 2021 Photograph by RICK WENNER/REDUX
1 2 3 4 analyst. It was a grunt job, but because I had to write everything Paths to Success ping off snacks while they complete their business 4. Palash Gupta ’08 Global Go-Getter As a up for our investors, I had a seat Alumni find satisfaction in diverse workplaces. plans, or answering their partner and head of inter- at the table for the investment spouses’ questions. Build- national arbitration at Je- discussions and was fascinated by 1. Rhona Silverbush ’92 out the day. All creative, all ing relationships in this rome Merchant+Partners, these young, growing companies,” 1-2-3 Eyes on Her She’s very satisfying.” way is one of my favorite based in Mumbai and co-author of the Terrific things about what I do.” Singapore, he’s building O’Halloran says. Toddlers books, includ- 2. Jennifer Moss ’01 cross-border business “I was one of the last of the ing Potty!, New Baby!, and Lead by Example For those 3. Branden Brooks ’08 that relies on his years of generalists covering companies Time to Go! The series has thinking about transition- It’s About the Journey dispute and arbitration in a dozen different industries drawn the attention of ing from firm practice to Since graduating, he’s experience in Boston, at the same time, often work- early childhood initiatives, other legal sector roles, written for GQ, worked as New Delhi, and Singapore. such as the Clinton Foun- she’s done it herself: from a child advocate, became On the Fast Track “Busi- ing seventy-five hours a week,” dation’s Too Small to Fail, practicing in New York, a prosecutor, and is now ness in Asia is growing at O’Halloran continues. “Then UBS the National Diaper Bank Paris, and Boston to stay- an associate with Baker a remarkable pace. The bought out Dillon Read in 1998 Network, and the National ing home with kids to re- Sterchi Cowden & Rice in mix of growth, cultures, and brought with it an army of Black Child Development entering the workforce as St. Louis. “The trick is to be expectations, and demand sell-side analysts. There was no Institute. Inspiration Her a legal recruiter for Major, ambitious and find trans- for good quality, price- son, Jack, now 17. “Seeing Lindsey & Africa. Lessons ferable skills that will allow effective services is longer a need for a generalist, so I the world through his Learned “My years of you to change career paths. high.” Fruitful Forays was out of a job at age forty-six.” toddler eyes led us to start practicing law inform my I never wanted to look back “Interacting with people O’Halloran bounced back and the series with Bye-Bye!, approach to recruiting on my life and wonder what of different cultures, joined Lord Abbett in 2001 as inspired by his misery at every day. My advice is to if I never tried something.” going to new places, and a technology research analyst. separating from me.” As work with a great recruiter Firmly Focused “What I trying out different types Luck Would Have It She for law firm opportunities like best about my current of food all contribute to From there, he moved up the also writes for adults: and leverage your network firm is that the path to making international ladder and is now a partner and she’s co-author of Speak when seeking a non-firm success is already laid out. practice so exciting. I had portfolio manager of Growth the Speech! Shakespeare’s position.” Helping Hand You do not have to reinvent a client from Dallas who Leaders. Barron’s recently pro- Monologues Illuminated, “Making a lateral move the wheel, just follow the came to Singapore to set filed O’Halloran and the fund for and coaches actors por- can be stressful. I help my path. Public interest jobs up a company and all he traying the Bard’s char- candidates every step of have a lot more twists and wanted to do after work beating 94 percent of its category acters. “I keep switching the way, which might be turns, where firm jobs are was to get chili lobsters peers over the past five years. professional hats through- talking at all hours, drop- very linear.” and durian.” —MKS In addition, his small cap Developing Growth fund has beaten 96 percent of its peers for the fifteen years he has managed it, according to Morningstar. “We are differentiated in combining rigorous fundamental analysis EXPECT THE UNEXPECTED with technical analysis,” says Esther Chang ’07 Everything turned out exactly as Chang was a mile wide and an inch deep,” she says. So, she left O’Halloran. “Every day is like go- never expected. She’s a corporate attorney. She lives in Baker McKenzie and headed to Greenberg Traurig in Chicago. She made partner about a half a decade later than 2013. In 2018, she accepted an offer from Mayer Brown. “I ing on to the ice at Boston Garden most of her classmates. Chang has no complaints—she’s took the gamble. I gave up some promise of promotion to play for the Stanley Cup. It’s thrilled with her job at Mayer Brown, and she loves living in for lack of certainty, but I thought it would be a better exhilarating.” her hometown. It was just never part of the plan. stepping-stone.” While O’Halloran could “I was going to be a litigator and I was never going home She was correct. In January, Mayer Brown promoted certainly rest on his laurels, he to Chicago,” recalls Chang, a Double Eagle. “Dean [John] her to partner. “Mayer Brown is a kinder, gentler type of Garvey wanted me to give Chicago a try. I was talked place,” says Chang, who was named to Lawyers of Color’s has no plans to retire. “I manage into the corporate group as a summer associate at Baker 2020 “Hot List.” She was previously named a Rising Star by five funds that total $16 billion. McKenzie. I didn’t expect to like it, but I did.” Illinois Super Lawyers for mergers and acquisitions. I want to get bigger than that. I Five years later, she “It was a long path to partnership,” muses Chang, who am working on a possible global was hooked on mergers has remained very involved with BC Law and sits on the innovation growth fund, as well and acquisitions, but Alumni Board. “When I talk to law students now, I tell felt the need for new them to do as much research as possible. I really should as getting us into venture capital,” challenges. “As a cross- have been more thoughtful about my career path, but he says. “I was a late bloomer, so I border M&A lawyer, I I was young and naive. The fact that it all worked out is still have big dreams.” felt as if my knowledge astounding to me.” —MKS Summer 2021 BC LAW MAGAZINE 11
DOCKET Candid Hear Her Voice Chinyere Okogeri ’21 uses her leadership gifts to make a difference. INTERVIEW BY ELAINE LEE ’22 Growing up, I wanted to be a doctor and a lawyer. Truly, I just wanted to make a difference by helping others, which I felt could be accomplished in both professions. This led me to pursue an undergradu- ate degree in behavioral neuroscience and to do a medical service trip, where I worked for Nicaraguan doctors in La Naranja. Through subsequent peer counseling and teaching engagements, I also learned the importance of find- ing your voice and using that voice to advocate for yourself and others. I’ve carried these lessons into law school and have incorporated them in my lead- ership positions with LAHANAS and BLSA, and in my roles as a student attorney in the Innocence Clinic and on the Diversity and Inclusion Taskforce. I see my role as an advocate whose sole responsibil- ity is to make sure that those not at the table—which tends disproportionately to be those of diverse identities—have their voices heard and amplified. As Verna Myers says, “Diversity is being invited to the party. Inclusion is being asked to dance.” Equity is having the tools you need to dance so you don’t make a fool of yourself. I’m motivated to do what I do by family and the people I have had the privilege to work for. We often talk about privilege as characterized by race, ethnic- ity, gender, socioeconomic status, body type, and more. But privilege is actually opportunity, and not STUDENT SNAPSHOT everyone has opportunity. I am still constantly learn- ing from others and checking my own biases because Provenance Born in Manhattan, raised in Queens. Learning BA in Neuroscience and we all can be better allies and advocates for the com- Minor in Women’s Studies, Colgate University. munities we have the privilege to serve and support. Study abroad, Queen Mary University of London. Pre Law Algebra instructor, 1881 Research Change is a living constitution. It requires readjust- Institute in New Orleans; investigative intern, ment and critical thinking. I welcome change, espe- Georgetown Law Criminal Justice Clinic; summer legal intern, Domestic Violence Bureau, Queens cially if it means eradicating or reforming systems District Attorney’s Office. At BC Law Gulf that do not serve us and, quite frankly, harm many Coast Recovery and Spring Break Pro Bono trips; of us. Just like seasons and zodiac signs change, the leadership in Black Law Students’ Association and LAHANAS; and member of BC Law Diver- beliefs held by society change, and that change is sity and Inclusion Taskforce. Thought to Live not always bad. So, if change from tradition allows By “Don’t let someone dim your light/brightness, for the inclusion, growth, and comfort of marginal- simply because it’s shining in their eyes.” Quar- antine Pastime Painting. Fun Fact At Colgate, ized identities, then we must make space for those had a radio show segment titled “AfroVibes” conversations and adapt accordingly. and hosted a podcast with friends. 12 BC LAW MAGAZINE Summer 2021 Photograph by DIANA LEVINE
“I see my role as an advocate whose sole responsibility is to make sure that those not at the table—which tends disproportionately to be those of diverse identities—have their voices heard and amplified.” 13
DOCKET Evidence The Dean’s Decade The right man to light the way. By BRETT GANNON ’21 and VICKI SANDERS The decade (2011-2021) that Vincent Rougeau led Boston College Law School, bookmarked as it was by the economic repercussions of the Great Recession and the academic and political upheav- als of the Covid-19 pandemic, was a challenging period to run a law school. Undaunted, Dean Rougeau made his way forward, growing BC Law’s endow- ment, reputation, graduate employ- ment numbers, experiential learning opportunities, international footprint, and diversity enrollment. Perhaps more than ever before, BC Law offers a legal education that reflects the challenges of practicing in the modern world. Dean Rougeau’s mark on the community and the legal profession is indelible. Here is a glimpse at what he achieved. 8 FACULTY GLOBAL FOOTPRINT The Expansion of Global Partnerships and Programs No. 28% “Best Professors” ranking, Faculty with advanced degrees Princeton Review in fields beyond law 2021 Sixty-nine Foreign Universities Dean Rougeau named president, Full-time faculty American Association of Escola Paulista de Plus: BC Law 390+50 Law Schools, the single largest legal Magistratura (Brazil) International education entity in US Escola de Human Rights Magistura de Espirito Paris Nanterre 6.4:1 (France) Practicum (US) Santo (Brazil) Bucerius Law Students work on Pontifica Universidad Tashkent State Articles and books published School (Germany) worldwide cases Catolica Javeriana University with the Inter- (Colombia) of Law (Uzbekistan) Trinity College American Court Dublin (Ireland) 2,579 Pontifica Universidad Universités and Inter-American Catolica de Chile Panthéon-Sorbonne Renmin University Commission on Student/faculty ratio, 2020 Article citations since 2016 (Chile) (France) (China) Human Rights 14 BC LAW MAGAZINE Summer 2021 Illustration by MICHAEL GLENWOOD GIBBS
CAREER SERVICES NEW AND NOVEL 2,590 New career Increasing percentage 2014 / Center for Experiential Learning initiatives of students hired 2,000 by law firms with 100+ LEAPS: Lead- attorneys ers Entering / Students who’ve participated since 2011 Number of graduates 12 & Advancing 40 Public Service 118 / Students integrates / Total clinical offerings externed in 92 academic, and initiatives different field career, experiential 7 / New clinics since 2013 placements (2019- 2020) 92.7% opportunities at BC Law 30 1L Boot Camp: 2015 / Rappaport Center for Law and Public Policy Career $7.53 87 curriculum for 20 BC Law employment rate, 2019 students million Programs and BIDS: Busi- $130,265 events ness-related 72 employers Established with gift of Phyllis conduct 10 & Jerome Lyle Rappaport Mean starting salaries, 2019 on-campus Foundation, largest in BC Law’s Student summer (up from $104,018, 2013) interviews history at the time fellowships 38 / Full-tuition Public Service Scholarships awarded 0 2017 / Boston College Law Review Consolidation 21 / Public Service Fellows funded since 2014 2020 2018 2016 2019 2014 2015 2012 2017 2013 2011 3 Law Review incorporates No. 20 / Crosses Environmental Law Review, an important International & Comparative threshold in 2019 ADVANCEMENT Law Review, and Journal of Washington & Lee Law & Social Justice law review rankings 172 Annual Fund Endowments, Alumni Relations 1,350 2011-2021 2018 / Scholarly Collaborations $36.7 3 PIE: Program on Innovation and Entrepreneurship builds million partnerships with intellectual property, health care, biotech to $73.1 Alumni Volunteers entrepreneurs 500 Percent million 3 Regulation & Markets Workshop studies regulatory ap- Increase in giving to LSF Endowment proaches to markets, business to $1.7 million in FY2020 3 Tax Policy Collaborative coordinates tax-related activities 107 to of scholars, students 164% Growth in number of 176 2019 to present / Diversity Equity & Inclusion $10,000 donors Named funds Plus 2,949 58 to 74 Reunion Attendance 3 Engaged DEI consultants, established Task Force and 20% 33% Named Working Group, hired director scholarships 325+ of DEI Programs 2011 2021 6 to 10 Fundraising-specific events 3 Dean Rougeau named Increase in Volume of annual attended by inaugural director, BC Forum diverse students in gifts hits all-time high, 2018 Professorships Dean Rougeau on Racial Justice in America incoming class Summer 2021 BC LAW MAGAZINE 15
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