Fall 2004

FEATURES

Report of Peer Consulting Team

American Bar Association Center for Pro Bono

Vermont Volunteer Lawyers Program Executive Summary

The report of the ABA Center for Pro Bono peer consulting team regarding the Vermont Volunteer Lawyers Project raises important questions about the delivery of pro bono services in Vermont and makes a series of recommendations.

The Proprietors: Dividing Commonage Into Severalty.

Tenth Annual Vermont Judicial History Seminar

A Commentary on the Permit Reform Bill . . . Gillies

“The propriety was an early type of public corporation, whose proprietors owned a right or share of a charter. The charter, issued in the name of the English king but by the colonial

governor, authorized the improvement of a defined area, often six miles by six miles in size, set among the deep forests of the land west of the Connecticut River. The proprietors were tenants in common of the whole land mass, and had a right to an equal portion of that acreage. The charter was both a deed and organizational document, binding the proprietors together in a common bond of town, lot, and community.”

The Appeal. . . Lawrence Savell

It was wonderful news. Nick Mancuso’s girlfriend of seven months, Julie Merritt, had been rescued off the waiting list at Stanford Law School, where classes would begin in just a few weeks. Wonderful news.

The only problem was that Nick and Julie lived in Manhattan. Nick was a fourth-year associate and Julie was a paralegal at the law firm of Weinstein & Kennedy, LLP. Nick had a bad track record when it came to sustaining long-distance relationships, a record akin to the World Series record of certain long-time Chicago and Boston residents.

DEPARTMENTS

President's Column: In Our Defense. . . Saxman

During the presidential campaign, trial lawyers and the civil justice system have been a hot topic in the media and on the campaign trail. The selection of lawyer John Edwards as the Democrats’ vice presidential nominee ensures that trial lawyers, as a group, might easily be the subject of negative scrutiny in campaign rhetoric and attack ads. Regardless of our political persuasion, as attorneys and judges we need to stand up to these attacks and refuse to tolerate the bashing of lawyers and judges.

Incoming President’s Page: We Are All In This Together . . . Zonay

When I was first elected to the Board of Bar Managers I commented in my speech that, while I was originally from New Jersey, as soon as I realized my parents had made a mistake raising me there I moved to Vermont. This comment was not intended to disparage my former home state (let’s face it – New Jersey is a great place to vacation and to be “from”). Rather, my comment was made to evidence my firm belief that Vermont is a special place to live and practice law.

Lex Et Ratio: State of the Union . . Ryan

Three years after the dreadful events of September 11, the security of the republic continues to preoccupy us—as well it should. That bright, late summer day spelled the end of a kind of American innocence and stands as a defining moment in our history, a day of infamy that changed the world in which we live. That day brought home to us, in a powerful, gut-wrenching way, the danger of our times, a danger of which most of us had previously been oblivious. For many, that day redefined the world in Hobbesian ways, making of it a fearful place, a veritable Behemoth of chaos and death.

From the Bench: Jury Trial Innovations . . . Wesley

At the very outset of the general jurisdiction course for new judges that I attended more than ten years ago at the National Judicial College, the Dean challenged the class, “How many of you give written instructions to your juries? Do you let them take notes? How about allowing them to ask questions of the witnesses?” A smattering of the class had mastered the word-processing skills necessary to efficiently provide copies of jury instructions. A few allowed note-taking. No one permitted juror questioning. “Why not?” asked the Dean. Except for the hoary authority of tradition, the class had no good answers to the question.

Yankee Justice: Myron Samuelson—Looking Back in Retirement

on the “Good Old Days” . . . Downs

A native of Burlington, Samuelson graduated from Burlington High School, the University of Vermont, and Rutgers University Law School. He practiced law in Burlington from 1933 to 1979, including tenure as Chittenden municipal judge from which resigned in April,1942, to go into military service, serving until his discharge in 1946 as a lieutenant colonel. Samuelson served as president of the Burlington Rotary Club and the Vermont Jewish Council and was a founder of the Burlington Alumni Club of the University of Vermont. He also was chairman of the Burlington Republican Party and on the board of governors of the Ohavi Zedek Synagogue. With his interest in the Jewish community and gift for research, he authored in 1976 The Story of the Jewish Community of Burlington, Vermont.

Book Review One: The Forgotten Memoir of John Knox. . . Richardson

Book Review Two: ALI-ABA Practice Checklist Manual for Drafting Leases IV: Checklists, Forms, and Drafting Advice From The Practical Real Estate Lawyer. . . Sarvak