Spring 2005

FEATURES

Bankruptcy Reform – Gather ‘Round Children, Yes The Sky IS Falling. . . .Emens-Butler

On March 10, 2005, the Senate finally did what was thought to be the impossible: they passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Swift passage in the House and a promised enactment is expected by April, with a six month delay in effectiveness.

Avoiding Age Discrimination Lawsuits….Coffey

The purpose of this series of questions and answers is to create a modest body of knowledge that can effectively assist both employers and their attorneys in dealing with age related employment issues. What makes age related employment issues unique are their ubiquitous and insidious nature.

The Economics and Ethics of Hiring a Temporary Lawyer….Gardner

The economics of the business of practicing law are changing quickly. Competition, the emergence of lower cost alternatives to lawyers, and a general trend toward commoditization of many legal services are eroding profitability and limiting the financial leverage a firm can derive from associates and junior partners. In this environment, firms are increasingly considering engaging “temporary lawyers.”

Defining the Lmitis of Act 250 Jurisdiction. . . . Anderson

Act 250 provides many benefits to Vermont. It is, however, designed to review only certain projects – generally ones anticipated to have the greatest environmental impact and those subject to less municipal level review. We overload the system by unnecessarily subjecting projects to Act 250 review.

The Five Golden Rules of Negotiation for Lawyers….Latz

Let us say you are sitting at your desk Monday morning, your telephone rings, and it is Jane, opposing counsel in one of your cases, calling to see if you might be interested in discussing the offer she e-mailed you last week. Because you’re a mostly up-to-speed on it, you jump right in.

2005 VBA Government, Citizenship, and Democracy Essay Contest Winner....Griffin

Vermont should not adopt the death penalty. While some believe that there are valid reasons to support the death penalty, it is simply not the best thing for Vermont or, for that matter, the people of the world.

DEPARTMENTS

President's Column: A Green Mountain State of Mind. . . Zonay

Several recent experiences remind me that incidents of incivility and a lack of professionalism are rare in our state – just as they should be. Without question the Vermont Bar, unlike, what I know to be the case in other jurisdictions, recognizes that we benefit ourselves, our clients, and all Vermonters by holding true to the highest ideals of civility and professionalism.

From the Executive Director: Judicial Independence . . . Paolini

Recent events have focused the media, both national and local, on the role of the judiciary in our daily lives. The Schiavo case triggered ugly charges against more than a few jurists, in one case including a death threat.

Lex Ex Ratio: Coke, the Rule of Law, and Executive Power… Ryan

The rule of law forms one of the pillars upon which our nation is founded. It is, therefore, a matter of the greatest concern that, while the rule of law continues to receive lip service, relatively few in our country have a grasp of its meaning and implication, let alone its roots in republican political theory.

Ruminations: Mighty Oaths… Gillies

In Vermont, once a biennium, amid the rich fabrics of the upholstery, gilded statuary, and expectant faces at the Statehouse, six officials – five constitutional and one statutory – each stand proudly before the assembly, and take their oaths.

Yankee Justice: …Downs

I remember driving to Burlington, looking around and thinking to myself, “this is where I want to raise my children.” So I came to Burlington at a weekly salary of $25 a week as opposed to the $3,600 a year which I would have been paid in Cleveland or New York.

Book Review One ~ Women at Law: Lessons Learned Along the Pathways to Success . . . Tower-Pierce

Book Review Two ~ The Intruders…Saltonstall