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Climbing Above the Culture Clash

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BU Law Looks at <strong>the</strong> Economy<br />

Leading From <strong>the</strong> Outside:<br />

Ivory Tower Offers Objective View of Economic Crisis, Says Hurley<br />

Four years ago, Cornelius “Con”<br />

Hurley arrived at BU with a vision.<br />

As <strong>the</strong> new director of <strong>the</strong> Morin Center<br />

for Banking and Financial Law, he<br />

wanted to make <strong>the</strong> 30-year-old graduate<br />

program into more than just an academic<br />

training ground for lawyers. He also<br />

wanted it to be a player on <strong>the</strong> national<br />

scene — a thought leader in <strong>the</strong> world<br />

of national and international finance.<br />

“The graduate program was already<br />

very successful,” said Hurley. “But <strong>the</strong>re<br />

was greater potential, and we made a<br />

conscious decision that it would be<br />

better for <strong>the</strong> Morin Center and for <strong>the</strong><br />

law school in general if we did more<br />

things that addressed <strong>the</strong> practical world.<br />

It’s fine to run a graduate program,<br />

but making a real contribution to <strong>the</strong><br />

ongoing debate is where it’s at.”<br />

His timing couldn’t have been better.<br />

Two years into his tenure, <strong>the</strong> bottom<br />

fell out of <strong>the</strong> world’s financial<br />

markets; several of <strong>the</strong> nation’s largest<br />

banks were poised to sink under <strong>the</strong><br />

weight of bad loans, threatening<br />

to pull <strong>the</strong> rest of <strong>the</strong> nation’s<br />

financial system down with <strong>the</strong>m.<br />

Suddenly banking law and regulation<br />

was no longer <strong>the</strong> esoteric concern of an<br />

elite club of experts, but of vital interest<br />

to every American. It was, and still is,<br />

<strong>the</strong> biggest economic plight facing <strong>the</strong><br />

United States since <strong>the</strong> Great Depression.<br />

With two years of preparation under<br />

Hurley’s leadership, <strong>the</strong> Morin Center<br />

was ideally positioned to step into<br />

<strong>the</strong> tumult. Hurley himself — a<br />

plainspoken man with a flair for<br />

cutting to <strong>the</strong> bones of an issue with<br />

an air of insightful congeniality — has<br />

become one of <strong>the</strong> go-to experts for<br />

media outlets around <strong>the</strong> country.<br />

Hurley said his position at <strong>the</strong> Morin<br />

Center puts him in a unique position<br />

to provide unbiased commentary,<br />

because he has no client interests to<br />

advocate for or political administrations<br />

to satisfy — yet he has decades<br />

of experience in <strong>the</strong> industry.<br />

Hurley sits with more than a dozen<br />

o<strong>the</strong>r lawyers on <strong>the</strong> American Bar<br />

Association’s task force on financial<br />

regulatory reform. It is this task force<br />

that will weigh in on reform issues<br />

on behalf of <strong>the</strong> legal profession and<br />

<strong>the</strong> ABA. According to Hurley, “Not<br />

having <strong>the</strong> ‘burden’ of client interests is<br />

quite useful as we consider <strong>the</strong> shape of<br />

<strong>the</strong> financial industry going forward.”<br />

Hurley brings this same approach to<br />

his service as an “independent director”<br />

of <strong>the</strong> Federal Home Loan Bank of<br />

Boston. One of his colleagues on that<br />

board, Arthur Connelly, chairman of<br />

<strong>the</strong> American Bankers Association,<br />

said, “We can count on Con to<br />

move <strong>the</strong> discussion in a positive and<br />

strategically helpful direction.”<br />

Said Hurley, “The ‘Ivory Tower’<br />

has become a pejorative term <strong>the</strong>se<br />

days, but <strong>the</strong> Ivory Tower is not<br />

such a bad perch for assessing what<br />

we’re going through right now.”<br />

The Morin Center oversees <strong>the</strong><br />

publication of <strong>the</strong> Review of Banking and<br />

Financial Law twice a year, co-sponsors<br />

a series of three-day financial CLE<br />

programs in partnership with <strong>the</strong> ABA,<br />

and hosts a lecture series that has featured<br />

some of <strong>the</strong> most powerful individuals<br />

in <strong>the</strong> financial world, including <strong>the</strong> vice<br />

chairman of Citigroup, <strong>the</strong> chairman<br />

of <strong>the</strong> New York Stock Exchange, and<br />

Congressman Barney Frank, chairman of<br />

<strong>the</strong> House Financial Services Committee.<br />

But without a doubt, <strong>the</strong> Morin Center’s<br />

most popular and timely program is<br />

“The Buck Starts Here,” a twice-amonth<br />

luncheon forum for lawyers,<br />

regulators and business leaders that uses<br />

a fast-paced and innovative format to<br />

stimulate insightful discussion of <strong>the</strong><br />

hottest financial topics of <strong>the</strong> moment.<br />

The two-hour program begins with a<br />

summary of <strong>the</strong> developments since<br />

<strong>the</strong> last session, followed by a “drill<br />

down” session on a particular hotbutton<br />

issue. It concludes with a Q&A<br />

session with panelists who include law<br />

firm partners, regulatory officials and<br />

business CEOs. Topics have ranged<br />

from Ponzi schemes to hedge fund<br />

regulation to <strong>the</strong> future of securitization.<br />

“Each session is videotaped and posted<br />

on <strong>the</strong> Morin Center’s Web site for <strong>the</strong><br />

whole world to see,” noted Hurley.<br />

One recent program focused on<br />

President Obama’s proposed Consumer<br />

Financial Protection Agency, specifically<br />

on a proposal to eliminate federal<br />

pre-emption laws so states could<br />

enact <strong>the</strong>ir own stricter regulations.<br />

The topic elicited a lively debate as<br />

to whe<strong>the</strong>r <strong>the</strong> plan would improve<br />

regulation — or create utter chaos.<br />

Fall 2009 | The Record | 11

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