Professor of Law

General Background

Born: November 30, 1935

Married: One Child

Educational Background

LL.M. Cum Laude 1964 Harvard Law School.

Ford Foundation Fellow in Law Teaching, Harvard Law School, 1963-64.

LL.M. 1962, Georgetown Law Center, 1960-62.

LL.B. (J.D.) Cum Laude 1960, Boston College Law School.

Honors: Order of the Coif

Editor-in-Chief, Boston College Industrial and Commercial Law Review

Editor-in-Chief, Annual Survey of Massachusetts Law

Boston College, 1953-1957

A.B. History & Government 1957

Professional Experience

Teaching Experience

Boston College Law School:

Professor of Law, September 1968 to present,

Associate Professor of Law, September 1966 to September 1968.

Visiting Professor, East China Institute of Politics & Law, Shanghai, Peoples Republic of China (Fall 1992)

Visiting Professor, Université Paris-X U.E.R. de Sciences Joridiques et Politiques, 200 Avenue de la Republic 92001 Nanterre Cedex (Spring 1985).

University of Connecticut School of Law, Assistant Professor of Law, September 1964-September 1966.

Practice (Full time)

United States Department of Justice, Antitrust Division Washington, D.C.

General Attorney, September 1960-September 1961

Trial Attorney, September 1961-September 1963


Member, Regional Scientific Task Force, Southeastern New England Water and Related Land Resources Study, New England River Basins Commission, 1972-1975.

Director, Environmental Law Center, Boston College Law School, 1970-1972.

Advisory Committee, Boston College Environmental Center, Boston College, 1970-1973.

Testimony Before the Committee on Natural Resources and Agriculture, House of Representatives, The Commonwealth of Massachusetts, August 8, 1971.

Professional Associations

Massachusetts Bar, Admitted 1960.

American Bar Association 1960-Present, Past member of the following Committees of the Antitrust Section:

Clayton Act Committee, Subcommittee on Section 7 Sherman Act Committee Committee on Trade Associations

The work on these Committees involved the preparation of the statement presenting the position of the American Bar Association to Congress on specific legislative proposals and activities. The Committees also prepared position papers for presentation to The Federal Trade Commission representing its quasi legislative rule-making function and enforcement procedures.

National Air Pollution Controll Association, New England Section, Member Executive Committee, By-Laws Committee Chairman, Spring 1973 to 1978.

Publications (Educational Videos)

Script co-author, Testifying in Court, Video on the Preparation of a Witness for Trial Testimony, Commonwealth Films, Boston, MA (1991).

Script consultant, The Deposition, Video on the Preparation of a Witness for Deposition Testimony, Thomas McCann & Associates, Boston, MA (1984).

Script Consultant, According to Hoyle, Video on Selected Pricing and Marketing Problems Under the United States Antitrust Laws, Thomas McCann & Associates, Boston, MA (1980).

Publications (Books)

Author, Donovan & Cavitch, Massachusetts Corporation Law, Matthew Bender & Co., Inc., New York, New York (1989) with Annual Revisions 1990-Present and subsequent chapters as follows:

Chapter 3A, Massachusetts Limited Liabilitiy Companies (1996)

Chapter 19, Disregard of the Corporate Fiction: Piercing the Corporate Veil and Successor Corporate Liability (1993)

Chapter 16, Massachusetts Professional Corporations (1991)

Chapter 18, Authority of Corporate Directors and Officers (1990).

Author, Annual Revisions 1983-1988, Smith & Cavitch, Massachusetts Corporation Law, Mathew Bender & Co., Inc., New York, New York (1986).

Editor-in-Chief, Environmental Affairs Journal, Boston, Massachusetts, Boston College Environmental Law Center Quarterly (1970-1972).

Author, House Report No. 5301, The Commonwealth of Massachusetts, Report of the Legislative Research Council Relative to the Preservation of the Natural Environment, Boston, Massachusetts 107 pp. (1971).

Co-author, The Realities of Franchising: A Guide for the Practicing Attorney, Boston, Massachusetts, Faneuil Press (1970).

Publications (Articles and Monographs)

Author, Caps on Tort Awards for Pain and Suffering, __ Mass ATLA ___ (1995)

Author, The Collateral Source Rule and the Corsetti Decision, 1985 Annual Survey of Massachusetts Law (Pub.1987).

Author, Torts Chapters, Annual Survey of Massachusetts Law, Boston College, Boston, Massachusetts as follows:

Chapter 11, Vol. 33:315-339 (1986).

Chapter 10, Vol. 32:291-336 (1985).

Chapter 14, Vol. 31:471-504 (1984).

Chapter 10, Vol. 30:305-328 (1983).

Chapter 11, Vol. 29:367-385 (1982).

Chapter 13, Vol. 19:320-337 (1972).

Chapter 13, Vol. 18:310-328 (1971).

Chapter 2, Vol. 17: 21-48 (1970).

Chapter 1, Vol. 16: 3-46 (1969).

Chapter 3, Vol. 15: 40-70 (1968).

Author, Book Review, United States, Common Market and International Antitrust: A Comparative Guide, 4 B.C. Int'l. & Comp. L. Rev. 477-81 (1981)

Author, Antitrust and International Business Transaction: Joint Ventures, 43 Antitrust L. Journal No. 563 (1974).

Author, Environmental Law Growing Apace: An Introductory Comment, 14 B.C. Ind. & Comm. L. Rev. 575-82 (1973).

Author, The Federal Government and Environmental Control: Administrative Reform on the Executive Level, Envir. Affairs, No. 2, pp. 299-332 (1971), 12 B.C. Ind. and Comm. L. Rev. 541-570 (1971).

Author, Foreign Establishment and the Antitrust Laws: A Study of the Antitrust Consequences Resulting from the Form of Business Organization Utilized by American Enterprises to Engage in Foreign Markets , 9 B.C. Ind. & Comm. L. Rev. 239-353 (1968).

Author, Pass-Fail Grading and the Absolute Importance of Subjective Evaluation, 12 Sui Juris No. 3 (1968).

Author, Recent Developments in Products Liability Litigation in New England: The Emerging Confrontation Between the Law of Torts and the Uniform Commericial Code, 19 Maine L. Rev. 181-260 (1967).

Author, The Legality of Acquisition and Mergers Involving American and Foreign Corporations Under the Clayton Act, Part II, 40 So. Cal. L. Rev. 38-125 (1967).

Author, The Legality of Acquisitions and Mergers Involving American and Foreign Corporations Under the Sherman Act, Part I, 39 So. Cal. L. Rev. 526-65 (1966).

Author, A Fresh Approach to Robinson-Patman: Price Differential as Price Discrimination, 2 B.C. Ind. & Comm. L. Rev. 319-331 (1962).

Publications (Appellate Briefs and Reports - Public Interests),

Author, Analysis of Proposed Act Relative to Products Liability Actions: H.2625. prepared for the Joint Committee on Judiciary, Massachusetts General Court, August 13, 1993.

Author, Amicus Curiae Brief Submitted to the Supreme Judicial Court for The Commonwealth of Massachusetts on Behalf of the American Trial Lawyers Association Relating to the Interpretation of the Massachusetts Tort Claims Act (1984).

Co-author, Comments of the Massachusetts Audubon Society to the United States Council on Environmental Quality on the Proposed Regulation of the Army Corps of Engineers Relating to the Preparation of Environmental Impact Statements Pursuant to Section 102(2)(c) of the National Environmental Policy Act. Amicus Curiae Brief, (1973) (All but two of the recommended changes were adopted by the CEQ in the final verison of the regulations).

Co-author, Amicus Curiae Brief filed with the Supreme Judicial Court, Commonwealth of Massachusetts, for Conservation Law Foundation of New England, Inc., and Environment Committee, Boston Bar Association, interpreting the Massachusetts Environmental Protection Act (1973).

Co-author, Amicus Curiae Brief Submitted on Behalf of the Boston College Environmental Center to the United States Department of the Army, Corps of Engineers, In the Matter of the Application of the Massachusetts Port Authority for a Permit Authorizing Certain Land Fills in the Boston Harbor Waters Adjacent to General Edward Logan International Airport, East Boston, Massachusetts, July 1971.

Commonwealth of Massachusetts, Legislative Research Bureau, Author, Report on the Proposed Environmental Protection Amendment to the Massachusetts Constitution (1971) (107 pp.).

Town of Falmouth, Massachusetts, 1970 (Assisted in the initiation and preparation of oil pollution litigation).

Cambridge Research Institute 1967 (Prepared report for National Drug Trade Conference on the legality of prepaid prescription plans under the United States Antitrust Laws - 74 pp.)

Lectures and Speeches

Speech, Punitive Damages: As Confused As Ever, delivered as part of The Melvin Belli Society Program, Association of Trial Lawyers of America, Annual Meeting, Boston, Ma , July 27, 1996.

Speech, The Recognition and Enforcement of Intellectual Property Rights in a Market Economy, delivered to the Shanghai Industry & Commercial Bureau, Shanghi, Peoples Republic of China, December 2, 1992.

Speech, Antitrust, Medical Fees and Boycotts, delivered at the Annual Meeting, American Association of Ophthomology, Marriott Hotel, Houston, Texas, March 12, 1977.

Speech, Medicine and Antitrust, delivered at the Annual Meeting of Massachusetts Medical Society, Howard Johnson 57 Hotel, Boston, Massachusetts, May 25, 1976.

Speech, Curricula Control and Academic Freedom, Symposium on Intellectual Freedom for English and Language Arts Teachers and School Librarians, Massachusetts Council of Teachers of English, Bedford High School, Bedford, Massachusetts, April 29, 1976.

Lecture, Restrictive Patent Licensing and the Antitrust Laws, delivered at the Symposium on Patent Licensing and the United States Antitrust Laws, World Trade Institute, World Trade Center, New York City, November 6, 1974.

Lecture, Foreign Commerce Joint Ventures and the United States Antitrust Laws, delivered at the Annual Meeting of the American Bar Association, Ilikai Hotel, Honolulu, Hawaii, August 13, 1974.

Chairman and Lecturer, Workshop on Computer Systems and Economic Structure: Antitrust and Related Problems: Speech delivered at the Joint Conference on Computers, Society and the Law: The Role of Legal Education, Stanford University, June, 1973.

Lecture, Antitrust and Refusals to Deal, delivered at the Seventh New England Antitrust Conference, Massachusetts Continuing Legal Education Inc. and the Boston Bar Association, Copley Plaza Hotel, Boston, Massachusetts, November 2, 1973.

Lecture, Vertical Marketing and Distribution Restraints Under the Antitrust Laws, delivered at the Sixth New England Antitrust Conference, Massachusetts Continuing Legal Education Inc. and the Boston Bar Association, Copley Plaza Hotel, Boston, Massachusetts, November 3, 1972.

Speech, Sources and Bibliography on Environmental Law, Special Libraries Association, Hotel Statler, Boston, Massachusetts, June 8, 1972.

Speech, Implementation of Legislation for Citizens Suits to Protect the Environment, Symposium on Legal Aspects of Air Pollution Control, the New England Consortium on Air Pollution, Sheraton Commander Hotel, Cambridge, Massachusetts, February 4, 1972.

Speech, Citizen Suits to Protect the Environment, Joint Meeting New England Health Socities, Valles Steak House, Newton, Massachusetts, January 26, 1972.

Testimony, House Judiciary Committee, The Commonwealth of Massachusetts on the Proposed Environmental Protection Amendment to the Constitution (1971).