Winter 2003

FEATURES

Back From the War: Bart Buys the Farm with a Mostly Clear Title. . . Elby

I haven’t written in for awhile. I got kinda timid in the last few years. It didn’t really matter though, since things sort of quieted down years after the Supremes published those “Killer B Decisions”

VBA President Saxman Honors Judge Francis B. McCaffrey . . . Saxman

"The Vermont Bar Association is honoring those exceptional members of our profession who, in addition to their legal accomplishments, selflessly give their time and energy to make their community a better place."

Judge Francis B. McCaffrey's Acceptance Speech . . McCaffrey

"I am grateful to the Vermont Bar Association and the Rutland County Bar Association for this award. To be acknowledged by one's peers is significant for me."

Thank You, Meri! . . . Paolini

"After ten years of service to the Vermont Bar Association, Meri Nielsen has announced her intention to retire. Those of you who have visited our offices over the years have always been welcomed by Meri's warm and sincere greetings. She has been the public “face” of the VBA and will be missed by staff, Board, and members alike."

Dispelling Myths: The Differences Between Federal and State Court . . . Hemley and Shea

"Plaintiffs' lawyers are confronted with a series of strategic decisions in the course of effectively handling a lawsuit and obtaining the best possible result for their clients. Among the most important is whether to bring the case in federal or state court."

The Myth of Judicial Activism . . . Reinert

"Vermont Governor Jim Douglas recently caused a small political stir when he declared that his nominee for the Vermont Supreme Court would be someone who would exercise “judicial restraint.”

Restorative Justice: Vermont State Policy. . . Dembinski

"Restorative justice became the law and official policy of the State of Vermont on May 24, 2000, under Title 28 VSA § 2a. The policy is broad and dynamic, mandating that “principles of restorative justice be included in shaping how the criminal justice system responds to persons charged with or convicted of criminal offenses.”

2003 New England Appellate Judicial Survey: Use of Authority and the Record . . . Lewis

"The survey consisted of eighty-six questions divided into seven sections, with each section covering a particular appellate topic. This article reviews the judges' responses to the questions that asked them how they preferred attorneys to use case authority and the appellate record in an appellate brief."

DEPARTMENTS

President's Column: Community Service. . . Saxman

"In my legal world, the term "community service" usually means a sentence imposed by the court requiring an offender to perform some specific numbers of hours of work in the community. But in the rest of the legal world, community service means the good work that a lawyer volunteer performs to help his or her community."

From the Executive Director. . . Paolini

"This is the season for us to stop and take a moment, to take stock in all that is around us, and to appreciate that which makes us who we are, that which brings us happiness, and that which brings us peace."

Lex Et Ratio: Lost in the Cave: Citizenship and the Decline of Public Education . . Ryan
"Much ink has been spilled concerning the public's lamentable view of the legal profession and how to improve it. The public sees lawyers as greedy, lacking in integrity, little concerned with justice."

Ruminations: The First Settled Minister Lot . . . Gillies
"On paper, it looked like a good idea. In the charters of Vermont towns granted by the Governor of New Hampshire (1749-1764) and the Vermont General Assembly (1779-1807), one share of the land was set aside for the first settled minister, as an incentive to settlement."

Yankee Justice: The Lighter Side of Vermont Law: George Brockway: From Janitor to Clerk of Windsor County Court . . . Downs
When George Brockway was ready for high school, he lived with his sister in Woodstock, so he could walk to school. At the time his sister's husband was county clerk. During his junior year, there was a vacancy in a janitorship at the courthouse. Young George was hired to take over, a job he held for the next two years. “That was my first connection with the county court,” was his comment.

VBA Women's Section Profiles Series: Peg Flory . . . Taormina

"One thing is immediately apparent from interviewing Peg Flory: her determination and persistence form the backbone of her success."

Book Review One: How ADR Works.. . . O'Dea

Book Review Two: Limited Liability Companies: A Planning and Drafting Guide . . Wick