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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
Digital Commons @ Boston College Law School
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.
Digital Commons @ Boston College Law School
BC Law Magazine

                       LA LAW

                   Judge Ramona
                        See ’85 of
                  the Los Angeles
                   Superior Court.
                          Page 12

Photograph by
ADAM C BARTLETT
Digital Commons @ Boston College Law School
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
Digital Commons @ Boston College Law School
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
Digital Commons @ Boston College Law School
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
Digital Commons @ Boston College Law School
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
Digital Commons @ Boston College Law School
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
Digital Commons @ Boston College Law School
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
Digital Commons @ Boston College Law School
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
11
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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