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Scholarship and Collaboration

Recent Faculty Scholarship and Presentations

Scholarship

Susan Apel

  • Susan B.Apel, No More Casebooks (working title); This article is in response to a white paper published by the Family Law Education Reform Report which concluded that there was a "substantial and growing gap between family law teaching and practice." The article includes a discussion of the domestic relations segment of the General Practice Program and my conclusions about teaching students to be effective family law practitioners. Scheduled to be published in the fall of 2011.
  • Closing the Loop: Multidisciplinary Challenges to Support Communication with Egg Donors and Recipients, American Journal of Bioethics Primary Research. Upon invitation, I reviewed and critiqued the above manuscript for publication.
  • Susan B. Apel, Why Compensating Surrogate Mothers Is The Right Thing To Do, www.thehastingscenter.org/bioethicsforum/Post.aspx?id=5149&blogid=140; also picked up and reported by Bioethics.com at http://bioethics.com/?p=9105
  • Susan B. Apel, Book Review: Howard Jones and Susan Crockin, Legal Conceptions: The Evolving Law and Policy of Assisted Reproductive Technologies, 51:4 American J. Legal History (to be published, October 2011)
  • Susan B. Apel, Teaching Law and Medicine on the Interdisciplinary Cutting Edge: Assisted Reproductive Technologies, 38:2 J. Law, Medicine & Ethics 420 (Summer 2010)
  • Access to Assisted Reproductive Technologies, 12 J. Med. & Law 33 (2008); also at Anila Menon, ed.,Assisted Reproductive Technologies: A Legal Dilemma, Amicus Book, The Icfai University Press, Hyderabad, India (2007)
  • Cryopreserved Embryos: A Response to “Forced Parenthood” and the Role of Intent, Chapter 25, Family Law: Balancing Interests and Pursuing Priorities, Wardle and Williams, eds., 2007
  • Assisted Reproductive Technologies, Chapter 1, Vermont Guide to Health Care Law, www.vtmed.org

Tracy Bach

  • Trends in U.S. Climate Change Litigation, JAPAN ENVIRONMENTAL LAWYERS’ FOUNDATION (JELF) (Summer 2008) (translated into Japanese)
  • High Noon in the Abortion Battle? Roe “Reality” Post Gonzalez v. Carhart A Response to Nadine Strossen’s Reproducing Women’s Rights: All Over Again, 32 VERMONT L. REV. 663 (2008)
  • Choices for Care: Consumer Choice and State Policymaking Courage Amid Medicaid’s Shifting Entitlement to Long-Term Care, 9 MARQUETTE ELDER’S ADVISOR 269 (2008)
  • Recent Developments in Australian Climate Change Litigation: Forward Momentum From Down Under, 8 SUSTAINABLE DEVELOPMENT LAW AND POLICY 39 (Winter 2008)
  • Cooperation, Not Collision: A Response to When Worlds Collide, 4 JOURNAL OF THE ASSOCIATION OF LEGAL WRITING DIRECTORS 62 (2007)
  • Editorial, Darfur Crisis Rages on Four Years Later, TIMES ARGUS, RUTLAND HERALD (June 17, 2007)
  • Linking Oral Argument With Brief Redrafting to Communicate the Importance of a Persuasive Theory of the Case, THE SECOND DRAFT: BULLETIN OF THE LEGAL WRITING INSTITUTE (Spring, 2006)
  • Health Law Guide for Vermont Medical Providers (Contributor), Vermont Bar Association (2005-06)

Betsy Baker

  • States Parties and the Commission on the Limits of the Continental Shelf, in: R. Wolfrum / T. Malik Ndiaye (eds), LIBER AMICORUM JUDGE THOMAS A. MENSAH: LAW OF THE SEA, PROTECTION OF THE MARINE ENVIRONMENT AND SETTLEMENT OF DISPUTES (Nijhoff 2007), 669-686
  • The Precedential Judge Manley O. Hudson: Rivers, Oceans and Equity, in : R. Bratspies / R. Miller (eds), PROGRESS IN INTERNATIONAL LAW (Nijhoff 2008), 451-472
  • ‘Civilized Nations’ in the Work of Johann Caspar Bluntschli” in: R. Reuter/ M. Kremer (Hrsg.) POLITISCHES DENKEN IM 17. UND 18. JAHRHUNDERT (Kohlhammer 2007), 343-359

Richard O. Brooks

  • Ed. Plato and Modern Law (Ashgate Press) (2007)
  • The Cultivation of Cosmopolitan Detachment in Comparative Law: The Hellenistic Contributions" 7 Global Jurist (2007)
  • The Refurbishing: Reflections on Law and Justice Among the Stages of Life 54 Buff. L. Rev. 619 (2006)
  • The Emergence of the Hellenic Deliberative Ideal: The Classica Humanist Conception of Comparative Law 30 Hastings Int. and Comp L Rev. 43 (2006)
  • Kelo and the Whaling City: A Search for the Urban Public Interest" 35 Real Estate L. J. 223 (2006)
  • Kelo and the Whaling City: The Failure of the Sujpreme Court Opportunity to Articulate a Public Purpose of Sustainability" 7 Vt. J. Env. Law (2005 - 2006)

Jason Czarnezki

  • Working Class Judges (with William Henderson & Christopher Zorn), 88 BOSTON UNIVERSITY LAW REVIEW 829 (2008)
  • An Empirical Investigation of Judicial Decisionmaking, Statutory Interpretation & the Chevron Doctrine in Environmental Law, 79 UNIVERSITY OF COLORADO LAW REVIEW (2008)
  • An Empirical Investigation of the Confirmation Hearings of the Justices of the Rehnquist Court (with William K. Ford & Lori A. Ringhand), Symposium: The Rehnquist Court in Empirical and Statistical Retrospective, 24 CONSTITUTIONAL COMMENTARY 127 (2008) (faculty-edited journal)
  • Environmentalism & The Wisconsin Constitution, Symposium Issue on the Wisconsin Constitution Conference, 90 MARQUETTE LAW REVIEW 465 (2007) (invited submission), reprinted in ICFAI JOURNAL OF ENVIRONMENTAL LAW and ENVIRONMENTAL REGULATION AND POLICY (ICFAI University Press, India, 2008)
  • Advancing the Rebirth of Environmental Common Law (with Mark L. Thomsen), 34 BOSTON COLLEGE ENVIRONMENTAL AFFAIRS LAW REVIEW 1 (2007), reprinted in ENVIRONMENTAL PRINCIPLES AND DOCTRINE (ICFAI University Press, India, 2007)
  • The Phantom Philosophy? An Empirical Investigation of Legal Interpretation (with William K. Ford), 65 MARYLAND LAW REVIEW 841 (2006)
  • Shifting Science, Considered Costs, and Static Statutes: The Interpretation of Expansive Environmental Legislation, 24 VIRGINIA ENVIRONMENTAL LAW JOURNAL 395 (2006), reprinted in ENVIRONMENTAL REGULATION and POLICIES AND INTERPRETATION OF STATUTES (AMICUS Books, ICFAI University Press, India 2008)
  • Revisiting the Tense Relationship Between the U.S. Supreme Court, Administrative Procedure and the National Environmental Policy Act, 25 STANFORD ENVIRONMENTAL LAW JOURNAL 3 (2006), reprinted in ENVIRONMENTAL JURISPRUDENCE: COUNTRY PERSPECTIVES (ICFAI University Press, India, 2007)
  • The Dubitante Opinion, 39 AKRON LAW REVIEW 1 (2006)

Timothy Duane

  • Incorporating Complex Adaptive Systems Theory into Strategic Planning: The Sierra Nevada Conservancy, Journal of Environmental Planning and Management 51 (1): 141-162, January 2008 (with Tanya L. Higgins)
  • Good Politics Before Good Science? The Path to Successful Public Conservation Planning, pp. 80-89 in Lasting Landscapes: Reflections on the Role of Conservation Science in Land Use Planning, Environmental Law Institute, Washington, D.C., March 2007
  • Land Use Planning to Promote Marine Conservation of Coral Reef Ecosystems in Moorea, French Polynesia. Berkeley, CA: Department of Landscape Architecture and Environmental Planning, April 2006 (with Shay Boutillier)

Stephen Dycus

  • TEACHER’S MANUAL FOR NATIONAL SECURITY LAW, 4th ed. (with Arthur L. Berney, William C. Banks & Peter Raven-Hansen) (New York: Aspen Publishers 2008)
  • Amicus Curiae Brief for Appellees, Natural Resources Defense Council, Inc. v. Winter, 508 F.3d 885 (9th Cir. 2007) (No. 07-56157)
  • COUNTERTERRORISM LAW (with William C. Banks & Peter Raven-Hansen) (New York: Aspen Publishers 2007)
  • NATIONAL SECURITY LAW, 4th ed. (with Arthur L. Berney, William C. Banks & Peter Raven-Hansen) (New York: Aspen Publishers 2007)

Stephanie Farrior

  • United Nations Commission on the Status of Women, in David P. Forsythe, ed., ENCYCLOPEDIA OF HUMAN RIGHTS (Oxford Univ. Press, 2008)
  • The House of Lords Decision in R (Al-Jedda) v. Secretary of State for Defence: Introductory Note, 47 INTERNATIONAL LEGAL MATERIALS (2008)
  • Council Comment: The U.S. Supreme Court’s Decision in Medellin v. Texas, NEWSLETTER OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW 9 (April/June 2008)
  • The European Court of Human Rights Decision in Behrami and Behrami v. France: Introductory Note, 46 INTERNATIONAL LEGAL MATERIALS 743 (July 2007)
  • International Human Rights Treaties and the Rights of Female Refugees and Asylum Seekers, Chapter 14 in Anne Bayefsky, ed., HUMAN RIGHTS AND REFUGEES, INTERNALLY DISPLACED PERSONS, AND MIGRANT WORKERS: ESSAYS IN HONOUR OF JOAN FITZPATRICK AND ARTHUR HELTON pp. 283-320 (Martinus Nijhoff, 2006)

Jackie Gardina

  • Toward Military Rule?: A Critique of Executive Discretion to Use the Military in Domestic Emergencies, 91 MARQ. L. REV. X (2008).
  • The Bankruptcy of Due Process: Nationwide Service of Process, Personal Jurisdiction and the Bankruptcy Code, 15 AM. BANKR. INST. L. REV. 37 (2008).
  • The Perfect Storm: Bankruptcy, Choice of Law, and Same-Sex Marriage, 86 BOSTON UNIV. L. REV. 881 (2006)

John Greabe

  • Judicial Opinion Writing: Teach It in Law School, NATIONAL LAW JOURNAL (Sept. 25, 2006) (op-ed)
  • Can Congress Constitutionally Declare the World to be Flat? BURLINGTON FREE PRESS (May 30, 2007) (op-ed)

Cheryl Hanna

  • With Elizabeth M. Schneider, Judith G. Greenberg, and Clare Dalton, Domestic Violence and the Law: Theory and Practice, (Foundation Press 2008)
  • My Turn: Law Reform and the Rooney Trial, Burlington Free Press, June 1, 2008
  • Beecham v. Leahy and the Doctrine of Hypocrisy, 32 VERMONT LAW REVIEW 673 (2008)
  • Getting Down to Earth, Seven Days – Vermont, April 16, 2008
  • Putting Freedom to the Test, Seven Days – Vermont, March 19, 2008
  • Invasion of the Privacy Snatchers, Seven Days guest columnist for "The Inside Track," September 26, 2007
  • Dissecting the Dissents & Outside Track on the Supreme Court, Seven Days guest columnist for "The Inside Track," January 31, 2007
  • Because Breaking Up Is Hard to Do, 116 Yale L.J. Pocket Part (2006)
  • Sex Before Violence: Girls, Dating Violence, and (Perceived) Sexual Autonomy, 33 Fordham Urb. L. J. 437 (2006)

Greg Johnson

  • Civil Union: A Reappraisal, book chapter in Defending Same-Sex Marriage (Mark Strasser, ed.) (Praeger 2007)
  • Controversial Issues in the Legal Writing Classroom: Risks and Rewards, 16 Perspectives: Teaching Legal Research and Writing 12 (2007)

Martha Judy

  • U.S. v. Atlantic Research: The Supreme Court Re-Opens the Road to CERCLA Cost Recovery, 4 ABA Superfund and Natural Resource Damages Litigation Committee Newsletter 11 (July 2008)
  • Cooper v. Aviall: A Monkey Wrench in the Cost Recovery Toolbox or a Second Chance for Section 107(a)(4)(B)?, 26 ANDREWS LITIGATION REPORTER 1 (July 14, 2006)

Mark Latham

  • The Sunnyside of Climate Change, 9 Vt. J. Envtl. L. 629 (2008)
  • The Rehnquist Court and the Pollution Control Cases: Anti-Environmental and Pro-Business? 10 U. Penn. J. of Con. Law 133 (2007)
  • Rapanos v. United States: Significant Nexus or Significant Confusion? The Failure of the Supreme Court to Clearly Define the Scope of Federal Wetland Jurisdiction, in The Supreme Court and the Clean Water Act: Five Essays 5 (Vt. J. Envtl. L. 2007).

James C. May

  • With Alexander W. Banks, Lawyering for Children in High-Conflict Cases, Vt. Bar J., Winter 2007, at 51.

Michael McCann

Philip Meyer

  • Co-author, "Law and Popular Culture: Text, Notes, and Questions,"? LEXIS/NEXIS (Matthew Bender & Co. 2007)
  • Co-author, Teacher's Manual, "Law and Popular Culture: Text, Notes, and Questions," LEXIS/NEXIS (Matthew Bender & Co. 2007)
  • Are the Characters in A Death Penalty Brief Like the Characters in a Movie? Vermont Law Review (2008)
  • When Worlds Collide: Exploring Relationships and Collaboration Between Clinicians and Legal Writing Teachers, Journal of the Association of Legal Writing Directors, (September 2008)?
  • Retelling the Darkest Story: Mystery, Suspense and Detectives in a Brief Written on Behalf of a Condemned Inmate, 58 Mercer Law Review 665 (2007)

Marc Mihaly

  • Living in the Past: The Kelo Court and Public-Private Economic Redevelopment, Ecology Law Quarterly, Vol 34, p 1.

Janet Milne

  • Co-editor, CRITICAL ISSUES IN ENVIRONMENTAL TAXATION: INTERNATIONAL AND COMPARATIVE PERSPECTIVES, VOL. V (Oxford University Press 2008).
  • Lead editor, MOUNTAIN RESORTS: ECOLOGY AND THE LAW (Ashgate forthcoming 2008).
  • Co-editor, CRITICAL ISSUES IN ENVIRONMENTAL TAXATION: INTERNATIONAL AND COMPARATIVE PERSPECTIVES, VOL. IV (Oxford University Press 2007).
  • New Instruments on Old Turf: The Institutional Challenges of Environmental Taxation in CRITICAL ISSUES IN ENVIRONMENTAL TAXATION: INTERNATIONAL AND COMPARATIVE PERSPECTIVES, VOL. V (Oxford University Press 2008).
  • The Landscape of This Book in J. Milne et al., MOUNTAIN RESORTS: ECOLOGY AND THE LAW (Ashgate forthcoming 2008).
  • Co-author, The Challenges of Joining Ecology with the Law: A Vision for the Mountains in J. Milne et al., MOUNTAIN RESORTS: ECOLOGY AND THE LAW (Ashgate forthcoming 2008).
  • Violating the Polluter-Pays Principle? Two Case Studies of United States Tax Incentives for Alternative Energy, in K. Deketelaere et al., CRITICAL ISSUES IN ENVIRONMENTAL TAXATION: INTERNATIONAL AND COMPARATIVE PERSPECTIVES, VOL. IV (Oxford University Press 2007).
  • Book Reviews, ENVIRONMENTAL TAXATION IN PRACTICE (Ashgate 2006) and ENVIRONMENTAL TAX LAW: POLICY, CONTEXT AND PRACTICE (Ashgate 2006), BRITISH TAX REVIEW No. 1, at 96-98 (2007).
  • Green Taxes and Climate Change: Theory and Reality,” DICE REPORT—JOURNAL FOR INSTITUTIONAL COMPARISONS (Dec. 2007)
  • Comments to the European Commission in response the "Green Paper on market-based instruments for environment and related policy purposes" (Aug. 2007).
  • Co-author, Important Developments Report of the Energy and Environmental Taxes Committee of the American Bar Association’s Tax Section (2007) (published on line by the American Bar Association Tax Section).

Sean Nolon

  • Moving Collaboration Upstream, ACResolution, Vol. 6, Issue 4, 2007.

Patrick Parenteau

  • With Don Baur, Overview of Wildlife Law in the United States, chapter in Wildlife Law: A Global Perspective, edited by Raj Panjwani, ABA (August, 2008)
  • The Take Prohibition: Emergence of an Ecological Tort, chapter in The Endangered Species Act: Law, Policy and Perspectives, ABA edited by Don Baur and Bob Irvin, 2d ed. ABA (2008)
  • With Don Baur and Jennifer Schorr, Legal Authorities for Ecosystem-Based Management in U.S. Coastal and Ocean Areas, chapter in Ocean and Coastal Law and Policy, edited by Don Baur, Timothy Eichenberg and Michael Sutton, ABA (June, 2008)
  • Lead, Follow or Get Out of the Way: The States Tackle Climate Change with Little Help from Washington, 40 U. Conn. L. Rev. No 5 (Spring, 2008)
  • Vermont Ponders Tax Break for a Polluter, Rutland Herald, April 3, 2008
  • Is Vermont Resting on its Laurels?” Vermont Environment Report, Summer, 2008
  • Massachusetts v EPA, 127 U.S. 1438 (2007), amicus brief filed on behalf of Ocean and Coastal Conservation Organizations in landmark global warming case
  • Rapanos v United States, 126 S.Ct. 2208 (2006), amicus brief filed on behalf of Association of State Wetlands Managers in key Clean Water Act case

Craig Pease

  • The Absurdity of Individual Harm. Jan./Feb. 2008 Environmental Forum
  • A Climate of Uncertainty. March/April 2008 Environmental Forum
  • Stone Wall or a Stonewall. May/June 2008 Environmental Forum
  • Land Use: You Can't Argue with the Data. July/Aug. 2008 Environmental Forum

Brian Porto

  • Halfway Home: An Update on Title IX and College Sports, Vermont Bar Journal, v. 34, no. 2 (Summer 2008), pp. 28-35
  • Where Do We Go From Here? Vermont Campaign Finance After Randall v. Sorrell, Vermont Bar Journal, v. 32, no. 4 (Winter 2007), pp. 30-37

Robert Rachlin

  • Seven Habits of Effective Lawyers, The Vermont Bar Journal, Summer, 2007
  • Review: Carl Schmitt. The Concept of the Political, Humanties Net – German. October 1, 2007

Anthony Renzo

Linda Smiddy

  • Supplement to Corporate Law and Practice, with Lawrence Cunningham, Published by PLI. (Practising Law Institute) 2008
  • Corporate Law and Practice, with Lawrence Cunningham, George Washington University Law School, Published by PLI (Pratising Law Institute 2007
  • Corporations and Other Business Organizations: Cases, Materials and Problems, and teacher’s manual, with Larry D. Soderquist and Lawrence Cunningham, Lexis Law Publishing/ Matthew Bender 2005
  • The Forum for Transnational and Comparative Legal Dialogue: A Brief History, in Life, Technology and Law, (C. Casonato, ed.), (Wolters Kluwer, It. 2007)
  • The Alaska Native Claims Settlement Act (ANCSA) Regional Corporation as a Form of Social Enterprise. Vol. 3, No. 3, Vermont Law Review, Spring 2006, p. 823
  • An Essay on Professor Fronza’s Paper: Should Holocaust Denial be Criminalized, Vol. 3, No. 3, Vermont Law Review, Spring 2006, p. 645

Pamela Stephens

  • Indigenous Peoples, Culturally Specific Rights, and Domestic Courts: A Response to Professor Fodella, 30 VT. L. REV. 595 (2006)
  • Spinning Sosa: Federal Common Law, The Alien Tort Statute, and Judicial Restraint, 25 B.U.INT’L L.J. 1 (2007)
  • The Right to Reproduce and International Law, in LIFE, TECHNOLOGY AND LAW: SECOND FORUM FOR TRANSNATIONAL AND COMPARATIVE LEGAL DIALOGUE 97 (2006)

Stephanie J. Willbanks

  • Federal Taxation of Wealth Transfers: Cases and Problems (2nd edition, Aspen Publishers 2008)
  • Teacher's Manual: Federal Taxation of Wealth Transfers (2nd edition, Aspen Publishers 2008)

Kinvin Wroth

  • Annual Reports of the Vermont Supreme Court’s advisory committees on Rules of Civil and Criminal Procedure and Rules for Family Proceedings, with proposed amendments and Reporter’s Notes, October 2006
  • 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]). Available online (.pdf)
  • Vermont by Design: Next Steps, report of the Land Use Institute’s conference on state planning (Vermont Law School, Land Use Institute, August 2006).Available online.
  • Editor’s Introduction, The Supreme Court and the Clean Water Act: Five Essays (Vermont Law School, Land Use Institute, 2007). Available online (.pdf)
  • Annual Reports of the Vermont Supreme Court’s advisory committees on Rules of Civil, Criminal, and Probate Procedure and Rules for Family Proceedings, with proposed amendments and Reporter’s Notes, October 2007–February 2008. Available online.
  • Draft legislation to implement Vermont by Design by establishing an Office of Planning Coordination in the Executive Branch, introduced as S.287 (January 2008)
  • Comprehensive amendments to the Vermont Rules of Professional Conduct, recommended to the Vermont Supreme Court, January 28, 2008.

Maryann Zavez

  • ASFA at 15/22 Months for Incarcerated Parents", Vermont Bar Journal Vol.34, No.1 Spring 2008
 

Presentations

Susan Apel

  • Law and Medicine: An Interdisciplinary Simulation on Teaching from Multiple Professional Perspectives
    Gonzaga University’s Institute for Law School Teaching, Suffolk University School of Law, Summer 2007.
  • Life, Technology, and Law: Access to Assisted Reproductive Technologies
    Second Annual Transnational Scholars Forum in Levico Terme, Italy, 2006.

Tracy Bach

  • Framing Climate Change Harms in Human Rights Terms
    National Association of Environmental Law Societies 2008 Conference, Picking Up the Pieces (March 2008)
  • Using Live Cases to Teach Legal Research, Analysis, and Communication: Problem-Based Service Learning
    Legal Writing Institute Biennial Conference, Indiana University School of Law (2008)
  • State-Based Health Reforms in New England
    Hamline University School of Law’s Journal of Public Law and Policy Symposium, Laboratories of Democracy? Innovations in Health Law and Policy at the State Level (March 2007)
  • The Potential for Digital Institutions in Post-Genocide Rwanda
    Working Conference on Digital Institutions, Gruter Institute for Law and Behavioral Research/Berkman Center for Internet & Society at Harvard Law School (2006)

Betsy Baker

  • Conservation Easements and Federal Tax Benefits
    Easton Conservation Commission, Town of Easton, N.H., June 7, 2008
    A brief review of legislation extended in 2008 offering federal income tax deductions for land placed in qualifying conservation easements.
  • Progress in International Adjudication
    American Society of International Law Annual Meeting, Washington,D.C., April 12, 2008
    An overview of developments in international adjudication and international commercial arbitration, as member of a panel discussing developments in international organization over the last 100 years.
  • A biography-in-progress: UNCOMMON HERITAGE: ELISABETH MANN BORGESE
    Alexander von Humboldt Foundation Chancellor’s Scholars Annual Meeting, Sacramento, CA., June 1, 2007
    An overview of Borgese’s education as an oceans expert, whose scholarship offers an important lens for studying the development of post-WW II and post-colonial international organizations, the law of the sea, and international environmental law’s approach to equitable distribution of natural resources.

Jason Czarnezki

  • EARTH DAY KEYNOTE ADDRESS, “A Greener Manifest Destiny”
    University School of Milwaukee, April 2008
  • DEPAUL INTERNATIONAL LAW SOCIETY LECTURE, “A Greener Manifest Destiny: The International Climate Crisis”
    Chicago, Illinois, April 2008
  • WASHINGTON UNIVERSITY JOURNAL OF LAW & POLICY SYMPOSIUM—EMPIRICAL RESEARCH ON DECISION-MAKING IN THE FEDERAL COURTS, Paper Presentation, “The Ideology of Legal Interpretation,”
    St. Louis, Missouri, April 2008
  • NORTHWESTERN UNIVERSITY LAW SCHOOL SEARLE CENTER, Research Roundtable on the Expansion of Liability under Public Nuisance
    Chicago, Illinois, April 2008
  • VANDERBILT UNIVERSITY LAW SCHOOL REGULATORY PROGRAM FACULTY WORKSHOP SERIES, Paper Presentation, “An Empirical Investigation of Judicial Decisionmaking, Statutory Interpretation & the Chevron Doctrine in Environmental Law”
    Nashville, Tennessee, November 2007
  • CHICAGO JUNIOR FACULTY WORKSHOP, Paper Presentation, “An Empirical Investigation of Judicial Decisionmaking, Statutory Interpretation & the Chevron Doctrine in Environmental Law”
    Chicago, Illinois, May 2007
  • SEVENTH CIRCUIT ANNUAL BENCH-BAR CONFERENCE, Panel Discussion, "The Rise of Law Blogs & Their Impact on the Law and the Administration of Justice,”
    Milwaukee, Wisconsin, May 2007
  • SETON HALL UNIVERSITY SCHOOL OF LAW FACULTY COLLOQUIUM, Paper Presentation, “An Empirical Investigation of Judicial Decisionmaking, Statutory Interpretation & the Chevron Doctrine in Environmental Law,”
    Newark, New Jersey, April 2007
  • MARQUETTE UNIVERSITY FACULTY WORKSHOP, Paper Presentation, “An Empirical Investigation of Judicial Decisionmaking, Statutory Interpretation & the Chevron Doctrine in Environmental Law,”
    Milwaukee, Wisconsin, April 2007
  • WISCONSIN HUMANITIES COUNCIL DISCUSSION SERIES—“A MORE PERFECT UNION: TO ESTABLISH JUSTICE,” Discussant, “A Civil Action by Jonathan Harr,”
    February 2007 and October 2006
  • NATIONAL SCIENCE FOUNDATION SUPREME COURT ORAL ARGUMENT WORKSHOP, Research Presentation, “Elements of Argument in the United States Supreme Court,”
    Carnegie Mellon University, Pittsburgh, Pennsylvania, December 2006
  • WISCONSIN HUMANITIES COUNCIL DISCUSSION SERIES—“A MORE PERFECT UNION: TO ESTABLISH JUSTICE,” Discussant, “For Good and Country: Faith and Patriotism Under Fire by James Yee & Aimee Molloy,”
    November 2006
  • FIRST ANNUAL CONFERENCE ON EMPIRICAL LEGAL STUDIES, Paper Presentation, “An Empirical Analysis of Dissensus on the United States Courts of Appeals,”
    University of Texas School of Law, Austin, Texas, October 2006 (selected for presentation from a competitive call for papers sponsored by NYU, Cornell and the University of Texas Law Schools)
  • FIRST ANNUAL CONFERENCE ON EMPIRICAL LEGAL STUDIES, Discussant, “How are Patent Cases Resolved? An Empirical Examination of the Adjudication and Settlement of Patent Disputes,”
    University of Texas School of Law, Austin, Texas, October 2006
  • RANDALL-PARK DISTINGUISHED SPEAKER, Paper Presentation, “Revelations in Supreme Court Confirmation Hearings? An Empirical Analysis of the Rehnquist Court,”
    University of Kentucky College of Law, Lexington, Kentucky, October 2006
  • WISCONSIN CONSTITUTION CONFERENCE: IS THE WISCONSIN CONSTITUTION OBSOLETE?, Paper Presentation, “Environmentalism & The Wisconsin Constitution,” Milwaukee, Wisconsin, October 2006
  • MIDWEST LAW & SOCIETY RETREAT, Panel & Paper Presentation, “Environment, Regulation and the Law,”
    University of Wisconsin, Madison, Wisconsin, September 2006
  • LAW & SOCIETY ANNUAL MEETING, Panel and Paper Presentation, “How Judges Make Decisions,”
    Baltimore, Maryland, July 2006

Timothy Duane

  • Maximizing the Public Benefits of Agricultural Conservation Easements
    Great Valley Center conference, Sacramento, CA, May 2006
  • Maximizing the Public Benefits of Agricultural Conservation Easements
    Agriculture at the Metropolitan Edge conference, Berkeley, CA, April 2007
  • Maximizing the Public Benefits of Agricultural Conservation Easements
    University of California land lunch series, Berkeley, CA, April 2007
  • Maximizing the Public Benefits of Agricultural Conservation Easements
    Tulare Basin Working Group, Visalia, CA, April 2007
  • Maximizing the Public Benefits of Agricultural Conservation Easements
    Stanford Law School, Stanford University, Stanford, CA, April 2006
  • Regulation’s Rationale: Learning from the California Energy Crisis
    Boalt Hall School of Law, University of California, Berkeley, CA, April 2006
  • Models, Myths, Metaphors, and Magic: When and Why Modeling Matters in Energy and Environmental Policy
    Department of Management Science and Engineering, Stanford University, Stanford, CA, February 2006

Stephen Dycus

  • Outsourcing of Domestic Military Intelligence
    Presentation before the Section on National Security Law of the Association of American Law Schools, New York, Jan. 4, 2008
    This talk addressed the increasing use of private contractors for domestic intelligence gathering by military agencies inside the United States.

Stephanie Farrior

  • International Human Rights Law on Economic and Social Rights in U.S. State Court Decisions
    Conference on The United States and Human Rights: Bringing Rights Home, Harvard Law School, March 2008
    Presented paper on how U.S. state courts are addressing international human rights standards relating to economic and social rights.
  • Torture and International Law
    Pennsylvania State University, March 2008
    Spoke on how torture is defined, whether exceptions exist to the prohibition of torture in international law, the issue of “outsourcing” torture, and how torture is addressed in the laws of war.
  • Challenging Assumptions through International Human Rights Law
    AALS Workshop on Clinical Legal Education, New Orleans, May 2007
    Spoke on how international human rights law offers a distinctive prism through which to evaluate, challenge and expand traditional thinking about U.S. law, and how it can therefore act as a catalyst for sparking new approaches in advocacy in the United States.
  • The Reality of International Human Rights Law
    36th Annual Frank Church Symposium on International Affairs, Idaho State University, March 2007
    Spoke on some of the challenges faced in achieving implementation of international human rights law.
  • The Lives and Rights of Women and Children in the Middle East
    26th Annual Frank Church Symposium on International Affairs, Idaho State University, March 2007
    Spoke on issues of tradition, religion and culture in the context of international human rights law.
  • Should We Call Terrorism a Human Rights Violation?
    New York University School of Law, February 2007
    Spoke of the state-centric Westphalian model as an obstacle to protecting the physical and mental integrity of human beings, presented a range of statements by international organizations characterizing terrorist acts as violating human rights, and posed the question: Given the lack of an agreed definition of terrorism in the international arena, how do we determine when a criminal act amounts to an international human rights violation?
  • Eliminating Violence against Women: Where Does Due Diligence Fit In?
    United Nations Commission on the Status of Women, United Nations, New York, March 2006
    On a panel with the U.N. Special Rapporteur on violence against women, spoke on the “due diligence” standard in international law for assessing whether governments have met their obligation to prevent, investigate, prosecute and punish violence against women, including domestic violence.

John Greabe

  • Colloquium on Vermont’s Proposed Constitutional Amendment to Lengthen the Term Limits of State Officeholders
    Vermont State House, December 2006
  • Persuasive Written Advocacy in the Federal Courts
    New Hampshire Bar Association, Federal Practice Institute, September 2007

Philip Meyer

  • How Legal Rhetoric Shapes the Law: Narrative Persuasion
    American University, Washington College of Law, November 2, 2007
  • The Courtroom Trial in American Popular Culture: The Depiction of Lawyers in the Criminal Trial
    Law and Popular Culture Symposium, Marquette University School of Law, November 1, 2007
  • Visual and Narrative Persuasion in Complex Closing Arguments to Juries
    Inaugural Presentation, The Persuasion Institute, Loyola Los Angeles Law School, November 1, 2007
  • Casting, Characters and Scene,
    Advanced Training Program in Narrative Construction for Post-Conviction and Appellate Litigators, Cornell Law School, September 28-30, 2007
  • Writing the Story
    Advanced Training Program in Narrative Construction for Post-Conviction and Appellate Litigators, Cornell Law School, September 28-30, 2007
  • When Worlds Collide: Exploring Relationships and Collaboration Between Clinicians and Legal Writing Teachers
    AALS Annual Meeting, Section on Legal Writing, Reasoning and Research, January 4, 2007.

Martha Judy

  • Atlantic Research Restores the Right to Recover Cleanup Costs: An Analysis by the Supreme Court Parties
    American Bar Association Section on Environment and Natural Resources Teleconference, June 2007
  • The Historic Hudson River: Cleanup Controversy at a Superfund Mega Site
    Society for Environmental Journalists Conference, October 26, 2006

Janet Milne

  • From Simple Concept to Complex Reality: U.S. Tax Incentives to Reduce Household Use of Fossil Fuels
    Eighth Global Conference on Environmental Taxation in Munich, Germany, October 20, 2007
    Delivered at a conference that brought together 300 people from 49 countries, the paper explores the design features of tax incentives that the United States is increasingly using to promote energy conservation and renewable energy.
  • The Particularities of Environmental Taxation in the United States
    European Commission’s Brussels Tax Forum 2007, Taxation for Sustainable Development, Mar. 20, 2007
    This presentation at the European Commission’s first Tax Forum focused on the United States’ experience with environmental taxation. Prof. Milne also participated in a one-hour panel discussion of environmental taxation.
  • Panelist, Money Talks: But What Price Sustainability?
    Society of Environmental Journalists’ Conference, Burlington, Vermont, Oct. 27, 2007
    The discussion explored ways in which tax incentives and other market-based instruments can encourage environmental protection.
  • New Instruments on Old Turf: The Institutional Challenges of Environmental Taxation
    Seventh Annual Global Conference on Environmental Taxation, Ottawa, Canada, on October 23, 2006
    The presentation focused on the decision-making process for environmental tax instruments in the legislative and executive branches.
  • Commentary on the Conference Proceedings
    Final Plenary Session, Seventh Annual Global Conference on Environmental Taxation in Ottawa, Canada, Oct. 24, 2007
    The remarks during this final session of the conference highlighted themes and key observations that emerged from the conference.
  • Environmental Taxation
    Environmental and Land Use Law Workshop series at Georgetown University Law Center in Washington, D.C., Oct. 16, 2006
    This presentation to a seminar provided an overview of environmental taxation and its relationship to regulation from an institutional perspective.

Laura Murphy

  • CAFO Grief: Using Tax Grieving Procedures to Protest CAFOs
    2008 Public Interest Environmental Law Conference, University of Oregon School of Law

Anthony Renzo

  • The Constitutional Right to Trial by Jury as a Limitation on the Jurisdiction of Military Tribunals
    Dartmouth College, February, 2008
  • Organizer, chair, and panelist, The Use of Ethos in Persuasive Writing: Humility as a First Step
    New England Conference of Legal Writing Teachers, Vermont Law School, December 2007
  • Combining Doctrinal Subject Matter and Legal Writing Doctrine
    Legal Writing Institute, Atlanta, Georgia, June 2006

Linda Smiddy

  • Testimony before Vermont Legislature re: amendments to Vermont Business Corporation Law and on digital organizations
    March 2007
  • Invited speaker, panel on Student Exchange Programs
    Association of American Law Schools 2007 annual meeting, January 2007
  • Building Digital Institutions: Making Cooperation Stable - The Role of Law in Digital Organizations
    Panelist at Harvard Law School conference co-sponsored by the Gruter Institute and Harvard University Berkman Center for Internet and Society, May 2006
  • Advisor to Vermont Legislature re proposed amendments to Vt. Corporate Code regarding Corporate Shareholder Rights, January 2006

Stephanie J. Willbanks

  • Strategic Change as Impacted by Bar Examiners
    ABA Academic Deans’ Conference, Denver, Colorado, June 13, 2008
    This presentation focused on implementing strategic change within the law school curriculum to enhance bar exam pass rates.

Kinvin Wroth

  • Organized, prepared materials, moderated, and presented in “Vermont Rules Update” panel
    presented in panel entitled “This Land Is Your Land, This Land Is My Land: Kelo v. City of New London”
    Vermont Bar Association Annual Meeting, September 29, 2006
  • Led networking session on aftermath of Kelo v. City of New London, presented in panel on land trusts, and participated in informal session on current land use issues
    Society of Environmental Journalists Annual Meeting, Burlington, October 27–28, 2006
  • Testified before Vermont Legislative Committee on Judicial Rules on currently pending amendments to Vermont Rules of Court
    November 28, 2006, September 25, and October 30, 2007, and February 7, 2008
  • Presented on proposed Vermont by Design legislation in program, “A Discussion of Key Policy Questions in Vermont”
    VLS/Snelling Center,Vermont State House, December 11, 2006
  • Moderated and presented in Section on North American Cooperation panel at the Canadian Embassy entitled "Legal Education in North America: Canada, Mexico, and the U.S"
    served as commentator and discussant for three papers on trans-boundary environmental issues in Section on North American Cooperation panel entitled "North American Cooperation and NAFTA in a Changing Political Environment"
    AALS Annual Meeting, Washington, D.C., January 3–4, 2007
  • Organized, prepared materials, moderated, and presented in “Vermont Rules Update”
    Vermont Bar Association, Midyear Meeting, Burlington, March 23, 2007
  • Appeared on Lawyer 2 Lawyer in a program entitled "Past and Future Lawyer Presidents"
    Legal Talk Network, April 18, 2007
    Available online
  • Organized, prepared materials, moderated, and presented in “Vermont Rules Update”
    Vermont Bar Association Annual Meeting, October 5, 2007
    Available online (.pdf)
  • Organized, moderated, and made presentations in two Section on North American Cooperation programs—“Canada and Mexico: Their UN Diplomatic Agendas” and “North American Cross-Border Practice and the Law Schools”
    AALS Annual Meeting, New York, January 5–6, 2008
  • Organized, prepared materials, moderated, and presented in “Vermont Rules Update” panel
    Vermont Bar Association Mid Year Meeting, Burlington, March 28, 2008
    Available online (.pdf)
  • Presentation on “The Multinational Practice of Law: Its Impact on North American Legal Education,” as part of a panel entitled “Faculties of Law under Pressure: Internationalization, Professional Constraints, and Globalization”
    Canadian Association of Law Teachers, Annual Conference, Montreal, May 27, 2008