FEATURES
"On June 19, 2003, the Vermont Bar lost a much loved member who served as a role model for many women lawyers…."
An Interview with Incoming VBA
President Anna E. Saxman . . . Paolini
"This is the fifth time that I have interviewed an incoming president of the Vermont Bar Association. I have used these opportunities in the past to ask about educational background, work experience, and time on the Board of Managers in order to give our VBA members a better understanding of who is going to be taking over as president of their Association."
"The American intellectual property law regime has for more than two centuries struggled to keep up with rapid technological change, yet it seems always to have managed to do so in the end. The biotechnology revolution, however, will create unprecedented challenges to our intellectual property rights system, perhaps especially in the allocation of rights to balance the interests of scientists, investors and those from whom valuable genetic material is obtained."
Master the Magic of Storytelling . . . Dempsey
"Great speakers are engaging storytellers. Stories captivate an audience, and powerful stories will be remembered long after a presentation is completed. A powerful story sparks the imaginations of the audience members or jurors."
The Case in Favor of Mandatory Disclosure of Lack of Malpractice Insurance . . . Towery
"…if you apply to your state for a license to practice law, you will have to pass a bar exam and demonstrate good moral character, but you will not be required to prove that you have malpractice insurance. And if you are negligent in using your license to practice law, and as a result one of your clients is injured, well, that is the client's tough luck."
The 70-80% Tax Trap: How to Help
Clients Avoid the Double Taxation of Money in their Qualified Plan or IRA. . . DeFrancesco/Jarvis/Mandell
" While most advisors create estate plans in order to avoid probate and large estate taxes, most forget to address the IRD problem. We have created this article to give estate planning attorneys one very unique option for what to do with the money a wealthy client has in his/her pension plan or IRA.."
2003 New England Appellate
Judicial Survey. . . Lewis
"An attorney needs to answer several questions while constructing a brief: Is it okay if the summary of argument repeats the argument headings of the brief? Will it damage the credibility of the brief if specific page citations are not always used? Will the appellate panel like it if lists are bullet pointed or other creative typography is used in the brief? The answers to these questions and the many others that arise during an appeal are difficult to answer unless a lawyer clerked for a particular appellate judge or knows someone who did. That is, until now."
Strategies to Reduce a TPR Backlog: Chittenden Family Court Takes Action . . Stohler/Young
"Chittenden County handles one-third of the entire state’s Termination of Parental Rights (TPR) caseload. Two years ago, Chittenden Family Court was struggling with a significant backlog of TPR cases that had built up in 2000 and 2001. Because many TPRs take days of court time to litigate, Chittenden Family Court experienced an alarming build-up of TPR cases, to the detriment of the children and families involved. In the last two years, the court reduced by 55 percent the number of TPRs pending more than four months. This article outlines strategies that the court used to reduce its TPR backlog and continues to use to manage its current pending TPR caseload."
DEPARTMENTS
President's Column: Distinguishing Ourselves. . . Rendall
"I recently received my renewed attorney license certificate from the Vermont Supreme Court. I faithfully carry License # 1782 in my wallet. What am I licensed to do? What is it that defines and distinguishes us as Vermont lawyers?"
Lex Et
Ratio: A Flawed Performance. . Ryan
"The Lawrence decision brings to the fore a number of key issues
regarding the role of law and the courts in American democracy. It is a flawed performance, building castles
in the air and making assertions where it should offer arguments. Nevertheless, the Court has gotten it right – much like the championship team that wins
ugly."
Ruminations:
Presumptively Unconstitutional: How the Vermont Constitution Can Change Your
Life . . . Gillies
"To say that a law or ordinance is presumptively unconstitutional
is to indicate that it is so obviously offensive it is undeserving of any
respect. It is presumptive because the
law has not yet been subjected to judicial review before the epithet is applied
to it. It is rather unconstitutional by
definition, without the need for any messy litigation."
Yankee
Justice: The Lighter Side of Vermont Law. . . Downs
"“I mention first the kindness thus shown me by Harland B. Howe because
nothing gave him greater pleasure than this, to help and encourage the young
and inexperienced lawyer, and nothing was more characteristic of the man. Harland always thought of his friends, and
his first care was their welfare.”
VBA
Women's Section Profiles Series: Jean Myers. . . Palmer
"Although Jean describes herself as “coming of age” in the 1960’s when
becoming a lawyer did not seem to her a practical goal for a woman, she always
harbored the dream of going to law school someday."
Letters To the Editor . . Levy
Book Review One: The Lawyer's
Myth: Reviving Ideals in the Legal Profession. . . Cole
Book Review Two: Tilting The
Playing Field: Schools, Sports, Sex And Title IX. . . Porto
Book Review Three: Christian
Perspectives on Legal Thought. . . Giuliani
Book Review Four: Reversible
Errors. . . Richardson