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L. Kinvin Wroth

Photo of Kinvin Wroth
Director of the Land Use Institute and Professor of Law

LLB, Harvard University, 1960;
BA, Yale University, 1954

Phone: 802-831-1268
Email: kwroth@vermontlaw.edu

Publications

Books

Coeditor, with Hiller B. Zobel, Legal Papers of John Adams, 3 vols., Harvard, 1965; paper, Atheneum, 1968.

Coauthor, with Richard H. Field and Vincent L. McKusick, Maine Civil Practice, 2d edition, 2 vols., West, 1970, and 1972, 1974, 1977, and 1981 Supplements (with Charles A. Harvey, Jr., and Raymond G. McGuire).

Editor-in-chief, Province in Rebellion: A Documentary History of the Founding of the Commonwealth of Massachusetts, 1774-1775, book and microfiche, Harvard, 1975.

Coeditor, with Hoi Kong, NAFTA and Sustainable Development: The History, Experience, and Prospects of Implementation, Cambridge University Press, forthcoming Spring 2014.

Articles & Chapters

  • “Election Contests and the Electoral Vote,” 65 Dick L. Rev. 321 (1961).
  • “The Massachusetts Vice Admiralty Court and the Federal Admiralty Jurisdiction,” 6 Am. Jour. Legal Hist. 250, 347 (1962), and, with revisions, in G. Billias, ed., Law and Authority in Colonial America 32-73, Barre, Mass., 1965.
  • Coauthor, with Hiller B. Zobel, “The Case of Field v. Lambert,” in L. Butterfield et al., eds., The Earliest Diary of John Adams 82-96, Harvard, 1966.
  • “1967 Amendments to the Maine Rules of Civil Procedure,” 20 Maine L. Rev. 49 (1968).
  • Coauthor, with Hiller B. Zobel, “The Boston Massacre,” 55 Am. Bar Assn. Jour.  329 (1969).
  • “Federal Power as a Limit upon State Control of Marine Resources,” 4 Maine Law Affecting Marine Resources 843 (1970).
  • “Possible Kingdoms:  The New England Town from the Perspective of Legal History,” 15 Am. Jour. Legal History 318 (1971).
  • “Documents of the Colonial Conflict:  Sources for the Legal History of the American Revolution,” 69 Law Library Jour. 277 (1976).
  • “Vengeance:  The Court-Martial of Captain Richard Lippincott in 1782,” in H. Peckham, ed., Sources of American Independence, 2:499-612, Chicago, 1978.
  • “The Federal Rules of Evidence in the States:  A Ten-Year Perspective,” 30 Villanova L. Rev. 1315 (1985).
  • Articles, “Common Law (Anglo-American),” “Rule of Law,” in L. Levy et als., eds., Encyclopedia of the American Constitution, 1:332-333, 3:1613-1614, Macmillan, 1986 (2d edn. 2000).
  • “Pluralism and Uniformity in the Common Law Legal Tradition,” 37 Univ. of New Brunswick L. Jour. 76 (1988).
  • “The Constitution and the Common Law:  The Original Intent about the Original Intent,” 22 Suffolk Univ. L. Rev. 553 (1988).
  • “Vincent L. McKusick and the Maine Rules of Civil Procedure:  A Thirty-five Year Perspective,”            43 Maine L. Rev. 389 (1991).
  • “The Maine Connection:  Massachusetts Justice Downeast, 1620-1820,” in R. Osgood, ed., The History of Law in Massachusetts: The Supreme Judicial Court, 1692-1992 171, Boston, 1992.
  • Coauthor, with Hugh Calkins, Comment, “Good News and Bad News:  A Three-Year Progress Report on Implementation of the Legal Needs Study,” 8 Maine Bar Jour. 196 (1993).
  •  “The Supreme Judicial Court of Massachusetts and the Eastern Circuit, 1780-1820,” Supreme Judicial Court Historical Society (Mass.), 1993 Annual Report 55 (1994).
  • “Justice Godfrey and the Rules,” 47 Maine L. Rev. 305 (1995).
  • “Inaugural Address: The Law as a Public Profession,” 21 Vermont L. Rev. 375 (1996).
  • “Notes for a Comparative Study of the Origins of Federalism in the United States and Canada,” 15 Arizona Jour, Int’l and Comp. Law 93 (1998).
  • “Legal Education,” in The College Board, Advising for Study in the United States: A Manual for Educational Advising Professionals 559-62 (1998).
  • “Dr. Roark and the Daily Bugle: A Mediation Exercise for Torts,” in L. Riskin, J. Westbrook, and J. Levin, Instructors’ Manual to accompany Dispute Resolution and Lawyers, Abridged 449-60 (1998).
  • Biographical sketches of Robert Auchmuty, Benjamin Chew, Wyseman Clagett, Jeremiah Gridley, Charles Hamlin, Samuel Quincy, Chambers Russell, David Sewall, Stephen Sewall, and William Tudor, in American National Biography (Oxford University Press,1999).
  • “Quebec, Canada, and the First Nations: The Problem of Secession,” 23 Vermont L. Rev. 709 (1999).
  • “The Silver Oar and More: Henry J. Bourguignon as Legal Historian,” 31 U. Toledo L. Rev. 185 (2000).
  • “American Federalism, the Separation of Powers, and American Environmental Law,” in Proceedings of the International Summer Forest Environmental Law School 3-24 (2000).
  • “Election 2000: The Disease and the Cure,” 27 Vermont Bar Jour., no. 2, p. 53-54 (2001), and 16 Loquitur , no. 2, p. 10-13 (2001).
  • “Thoughts on Decanal Recidivism,” 33 U. Toledo L. Rev. 269 (2001).
  • “Access to Justice:  The Problem of Law Student Debt,” 30 Vermont Bar Jour., No. 1, p. 28-29 (2004).
  • “John Adams: Patriot Lawyer,” in Norman Gross, ed., America’s Lawyer Presidents: From Law Office to Oval Office 6-17 (N.W. Univ.Press/ABA Museum of Law, 2004).
  • Lingle and Kelo: The Accidental Tourist in Canada and NAFTA-Land,” in The Supreme Court and Takings: Four Essays 62-83 (Vermont Law School, [2006]), and online in Vermont Journal of Environmental Law, http://www.vjel.org/books/pdf/PUBS10003.pdf.
  • Vermont by Design: Next Steps, report of the Land Use Institute’s February 2006 conference, with an implementation plan for the conference recommendations, published and distributed in August 2006.  See http://www.vjel.org/books/PUBS10002.html.
  • Edited, with Introduction, The Supreme Court and the Clean Water Act: Five Essays (Vermont Law School, Land Use Institute, 2007), and online in Vermont Journal of Environmental Law, http://www.vjel.org/books/pdf/PUBS10004.pdf.
  • Article, “Common Law: United States Law,” in 2 S. Katz, ed., Oxford International Encyclopedia of Legal History 82-85 (Oxford University Press, 2009).
  • Biographical sketches of Charles Jackson (1775-1855), Joel Parker (1795-1875), Isaac Parker (1768-1830), Theophilus Parsons, Jr. (1797-1882), and Mark DeWolfe Howe (1906-1967) in R. Newman, ed., Yale Biographical Dictionary of American Law 276, 286, 414-16, 418-419 (Yale  University Press, 2009).
  • "Wroth on Vermont Rules of Professional Conduct" in LexisNexis Emerging Issues Analysis, 2009 Emerging Issues 4536 (November 2009), available at http://w3.lexis.com/research2/attachment/popUpAttachWindow.do?_m=0d41cd9a65aae0c2e6f335ac2839588f&wchp=dGLbVlz-zSkAz&_md5=a01a87e70de1d9e50b439a7408e0409a.
  • Introduction, Joint McGill-Vermont Law School Workshop Water, 34 Vt. L. Rev. 855 (2010), on line at http://www.vjel.org/docs/Wroth_Intro_Draft.pdf.
  • “Hold Back the Sea:  The Common Law and the Constitution,” Introduction to Stop the Beach Renourishment: Essay Reflections from Amici Curiae, 35 Vt. L. Rev. 413 (2010), on line at http://www.vermontlawreview.org/articles/v35/2/11%20Wroth%20Book%202,%20Vol.%2035.pdf.
  •  “Six Flags over Champlain: Starting Points for a Comparative Analysis,” 38 Journal of Great Lakes Research 167 (2012), on line at http://dx.doi.org/10.1016/j.jglr.2011.02.008.
  • Introduction, "Achieving Environmental Sustainability in the Face of Climate Change: A Joint Cross-Border Conference on Sustainability. 13 VT. JOUR. ENVI. LAW 417 (2012), on line at http://www.vjel.org/journal/pdf/VJEL10186.pdf.
  • "Six Flags Revisited: Coastal Zone Management or Marine Spatial Planning for Lake Champlain?," 13 VT. JOUR. ENVI. LAW 489 (2012) on line at http://www.vjel.org/journal/pdf/VJEL10186.pdf.

Other

  • Various amendments, Maine Rules of Civil Procedure, with Advisory Committee's Notes, West, Maine Reporter, 1966-1996.
  • Vermont Rules of Civil and Appellate Procedure (1971) with Reporter's Notes and various amendments, Vt. Stat. Ann. (2000), Supp. 2011.
  • Prepared testimony as expert witness for the United States on the history of admiralty law and English and American law in the colonial period, before the Special Master in United States v. Maine (Atlantic seabed title case), 420 U.S. 515 (1975), 1972.
  • Coauthor, with Richard W. Smith, "The Law of Maritime Personal Injury as applied to Commercial Fisherman," a working paper for the Ad Hoc Committee on Commercial Fishing Vessel Insurance of the National Marine Fisheries Service, United States Department of Commerce, 1973.
  • Vermont Rules of Criminal Procedure (1973) with Reporter's Notes and various amendments, Vt. Stat. Ann. (2003), Supp. 2011.
  • Testimony and statement on election contests and the electoral vote, in The Electoral College and Direct Election, Hearings before the Committee on the Judiciary, United States Senate, 95th Cong., 1st Sess., 1977, pp. 122-132.
  • Coeditor, with Michael T. Hertz, Is the Common Law Dead?, proceedings of a conference jointly sponsored by the Faculty of Law, Dalhousie University, and the University of Maine School of Law, Halifax and Portland, 1977.
  • Vermont Rules of Evidence (1983) with Reporter's Notes, Vt. Stat. Ann. (2003) (with J. Dooley).
  • Maine Administrative Court Rules, with Advisory Committee's Notes, and various amendments, West, Maine Reporter, 1978-1993.
  • Maine Rules of Probate Procedure, with Advisory Committee's Notes, and various amendments, West, Maine Reporter, 1981-1989.
  • Maine Rules of Small Claims Procedure, with Advisory Committee's Notes, and various amendments, West, Maine Reporter, 1982-1989.
  • Various amendments, Maine Code of Professional Responsibility and Maine Bar Rules, with Advisory Committee's and Board Notes, West, Maine Reporter, 1983-1996.
  • Maine Bar Admission Rules, and amendments, with Board notes, West, Maine Reporter, 1986, 1993.
  • Testimony and statement on arbitration of underground petroleum pollution claims in Maine, in Transcript of Public Hearing on Groundwater Contamination and Leaking Underground Petroleum Storage Tanks, Northeast-Midwest Institute, Portland, Maine, December 7, 1985, pp. 23-32 and App. II.
  • Maine Code of Judicial Conduct, and amendments, with Advisory Committee's Notes, West, Maine Reporter, 1990-1993.
  • Coauthor, with others, Report of the Maine Commission on Legal Needs: An Action Plan for the  1990's, Augusta, 1990.
  • Various amendments, Vermont Rules for Family Proceedings, with Reporter's Notes, Vt. Stat.  Ann. (2000), Supp. 2011.
  • Vermont Code of Judicial Conduct, A.O. 10 (1994) with Reporter's Notes and various amendments, Vt. Stat. Ann. (2009), Supp. 2011.
  • Vermont Rules for Environmental Court Proceedings (2005), with Reporter’s Notes and various amendments, Vt. Stat. Ann. (2000), Supp. 2011.
  • Vermont Rules of Professional Conduct, amendments to conform to 2002-2003 amendments of ABA Model Rules of Professional Conduct, circulated for public comment, March 4, 2005; recommended to Supreme Court with revisions, January 2008; promulgated June 17, effective Sept. 1, 2009, Vt. Stat. Ann. (2009), Supp. 2011.
  • Various amendments, Vermont Rules of Probate Procedure, with Reporter's Notes, Vt. Stat.­Ann. (2009), Supp. 2011.
  • Vermont Rules for Electronic Filing and amendments to them and to the Vermont Rules of Appellate and Civil Procedure and Rules for Dissemination of Electronic Case Records promulgated at various times on and after effective October 1, 2010, as emergency rules and as permanent rules, effective October 31, 2011,Vt. Stat.  Ann. (2000), Supp. 2013.