FEATURES

 

 

Chariot Roads and the Quality of Life. . . .Elby

 

He then told me that he and the boys were from the Town, and they were gonna “. . . reclaim for Caesar what was properly Caesar’s,” and that they were “. . . pretty damned sure that the Town had the right to an ancient chariot road . . . ” located right on my property.

 

 

 

Induction of Peter W. Hall as Circuit Judge United States Court of Appeals for the Second Circuit October 25, 2004

 

And I am pleased to welcome all of you today. We have gathered here today, on this joyful occasion, to welcome our newest member into our court family.  And it is indeed a great pleasure and honor to officially induct Peter W. Hall, as the 65th member of the United States Court of Appeals for the Second Circuit.

 

 

Breaking the Curse of Vermont’s Phantom Roads. . . . Clarkson

 

Whether diverging in a yellow wood or somewhere in the sands of time, in few places do roads less traveled make as much difference as in the State of Vermont.   In many Vermont towns, roads laid out by selectboards long past either have never been built or have vanished from memory and use over the years.   These “phantom roads,” many of which lack corporeal form, still bear form, force, and spirit given them by law, and now haunt Vermont towns and private property owners.

 

 

Changing the Perception of Lawyers. . . . The Honorable Roy Barnes

 

The Honorable Roy Barnes delivered the keynote address at the Opening Assembly of this year’s NLADA/ABA Equal Justice Conference in Atlanta.   While his remarks refer specifically to lawyers in Georgia, they apply with equal force to lawyers everywhere, including Vermont.

 

 

DEPARTMENTS

 

President's Column: Do You Miss Mayberry?. . . Zonay

 

In speaking with attorneys throughout the state I have heard many different explanations as to what exactly is meant by the term “the good old days.”  Some of what I heard is best left unwritten.  There is, however, one thing that most of the “older attorneys” (a relative term to be sure) identify as the single biggest change in the practice of law—namely, the perceived decline in civility. 

 

From the Executive Director . . . Paolini

 

I want to invite all members to take a few minutes to visit the Center for Public Education page of the VBA website.  Many of you may be surprised to find that the VBA is devoting time and energy to civic and law-related education.  The Bar is building partnerships with teachers, schools, the Department of Education, a teachers’ union, federal courts, and others.  We are delivering a valuable service to our young citizens, as well as providing law-related education programs for adults.

 

 

From the Bench: Chittenden Family Treatment Court. . . The Honorable Dean B. Pineles

 

At the orientation, which lasted for an hour and a half, Rachel was informed of the FTC’s mission statement, which reads as follows:

 

In order to achieve safety and permanency for children in a timely manner, and to facilitate recovery for parents, the mission of the Chittenden County Family Treatment Court is to provide intensive, comprehensive, long-term treatment and other needed services, on a voluntary basis, to substance abusing parents and/or other primary care givers who acknowledge in court that their substance abuse has adversely affected their children’s safety and well being.

 

Ruminations: The Questions of Sequestration . . . Gillies

 

On July 8, 1777, at Windsor, Vermonters adopted their first constitution.  All that we know of that event comes from Ira Allen, writing his Natural and Political History of Vermont in 1793, other than the draft constitution itself.

 

 

Yankee Justice: Rudolph Daley . . . Downs

 

“I had run for state’s attorney of Orleans County prior to being admitted, so I was very glad I passed the bar, because I had a wife and one child, and even though the state’s attorney wasn’t required to be an attorney, I thought it would be really rough if I failed this bar exam.  The good Lord was with us and we made it, so I became state’s attorney in 1947 and served until 1950.  During that period I was also with the Vermont National Guard, and I commanded the local infantry unit, Company L.

 

 

Book Review One ~  Examining Witnesses . . . Lipson

 

Book Review Two ~  LawyerLife: Finding a Life and a Higher Calling in the Practice of Law. . . Apel

 

Book Review Three ~  Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity. . . Gardner

 

Book Review Four ~  The Faith of Our Fathers: What America’s Founders Really Believed

. . . Killigrew

 

Book Review Five ~  Age Discrimination in Employment Law. . . Dembinski

 

Book Review Six ~  Democracy by Decree: What Happens When Courts Run Government. . . Wolfe

In Memorandum