spring 2011 A Global Legal Perspective VLS_LOQ_S11>4.indd 1 4/21/11 9:46 AM VLS_LOQ_S11>4.indd 2 4/21/11 9:46 AM Contents 3 Letter from Dean Jeff Shields 4 Discovery Professor Gus Speth promotes post-growth prosperity, and the VJEL symposium explores how China and the U.S. can work together to meet global environmental challenges. 10 A Global Legal Perspective Our International and Comparative Law Programs offer students access to “law for the world” through an exciting range of study abroad options, courses with global perspectives taught by global faculty, and experiential learning opportunities overseas. 18 Faculty Highlights Professor Betsy Baker helps the Inuits strike a balance within a delicate ecosystem and economy; Professor Margaret Martin Barry joins VLS as acting associate dean for clinical and experiential programs; and VLS launches distance learning degree programs. 24 Thirty Years of Dispute Resolution at Vermont Law Dispute resolution is on the rise for good reason. Professor Sean Nolon has energized summer courses, launched a Certificate in Dispute Resolution Advo- cacy, and helped students appreciate the value—for both sides—of creative alternatives to litigation. 30 Class Notes Read the latest on your classmates, including profiles of Stephen Hesse JD/MSL’89, Ingrid Busson ’99, and Javier Garcia-Lomas Gago LLM’10. Most VLS grads won’t specialize in international law, but virtually all will 48 In Memoriam face transnational issues at some point in their careers. Photos, cover and this page: Molly Mimier ’05 Follow us on Facebook and Twitter from www.vermontlaw.edu. spring 2011 1 VLS_LOQ_S11>4.indd 1 4/21/11 9:46 AM Loquitur Spring 2011 Volume 24, Number 2 President and Dean Jeff shields Executive Director of institutional Advancement Matt rizzo Editor Carol Westberg Production Editor Jennie Clarke Contributing Editor Kimberly Evans Contributing Writers John Cramer Jackie gardina regina Kuehnemund Meg Lundstrom Mark McCrackin Julie sloane Special Thanks to Jennifer Hayslett Mary Lou Lorenz Ariel Wiegard Design and Art Direction glenn suokko, inc. Printing Capital Offset Company, inc. Published by Vermont Law School 164 Chelsea Street, Po Box 96 South royalton, Vt 05068 www.vermontlaw.edu Send address changes to [email protected] or call 802-831-1313 Printed with soy-based inks on recycled paper © 2011 Vermont Law School Kathleen Dooher VLS_LOQ_S11>4.indd 2 4/21/11 9:46 AM Letter from Dean Jeff Shields Dear Alumni and Friends, This issue features the rapid expansion of our international initiatives under the able leadership of Professor Stephanie Farrior. As law practice becomes more and more global, a structured approach for all of our students to spotting international law issues is crucial. in addition, a significant and growing number of our graduates each year are moving into international careers, often stationed abroad. to help us understand how best to approach both of these challenges—the day- to-day issues for the small-city practitioner and the one pursuing a global career—we have assembled an exceptional group of advisors from the broad range of public and private international practice. They are described in more detail at www.vermontlaw. edu/iCLPAdvisoryBoard. i invite you to become familiar with their backgrounds. These advisors have helped Professor Linda Smiddy and, more recently, Professor Far- rior structure our extraordinary international and Comparative Law Programs. Another feature article deals with the return to excellence of our dispute resolu- tion program led by Professor Sean Nolon. i am enthusiastic about Sean’s initiatives to incorporate dispute resolution techniques into first-year and upper-level “doctrinal” courses. He has also introduced weekend simulation exercises, broadened our dispute resolution internship programs, expanded a partnership with Pepperdine Law School (U.S.News & World Report’s number-one-ranked dispute resolution law school pro- gram), and expanded employment opportunities for our students interested in dispute resolution. The kind of leadership that we receive from our faculty on international law and dispute resolution is indicative of the verve and enthusiasm i find across this insti- tution and explains the extraordinary depth and breadth of education available to Vermont Law School students. Warm regards, Geoffrey B. Shields President, Dean, and Professor of Law Laura DeCapua spring 2011 3 VLS_LOQ_S11>4.indd 3 4/21/11 9:46 AM Discovery Making History By Professor Jackie Gardina on December 22, 2010, President obama for repeal. Thanks to faculty and trustee of the law. Based on our efforts, SLDN signed into law the Don’t Ask, Don’t tell donations and student fund raising, we submitted a transition Paper to President repeal Act of 2010. The act defines the pro- were able to join hundreds of like-minded obama after the election. in February cess for finally removing from the united veterans and civilians and visit every 2010, Secretary robert Gates introduced States Code the only federal law that affir- office on Capitol Hill, speaking about the new regulations intended to implement matively discriminates based on sexual necessity of repeal with legislative aides, Don’t Ask, Don’t tell “more humanely.” orientation. it was an historic moment, military liaisons, and sometimes with the The new regulations closely tracked our made even more so by the declaration just senators and representatives themselves. recommendations. While short of repeal, weeks earlier that the repeal was dead. We sponsored letter-writing campaigns, the changes made it more difficult for the Through my work with Servicemembers one year sending out over 200 letters to armed forces to investigate and discharge Legal Defense Network (SLDN), i, along representatives and senators throughout a gay or lesbian service member. They also with the entire Vermont Law School com- the country from constituents attending allowed the Department of Defense to munity, participated directly in the effort Vermont Law School. begin the slow transition to full repeal. and witnessed the amazing events that led Vermont Law School was also involved The last chapter of this story hasn’t to repeal. in the behind-the-scenes efforts to effect been written. The Don’t Ask, Don’t tell Proponents of repeal have been per- change. on behalf of SLDN, Dustin repeal Act of 2010 did not actually repeal sistent and unbending in their efforts to Brucher ’10 and i examined the scope of the law; it simply provided a process for remove Don’t Ask, Don’t tell from the Executive Power and combed through the doing so. Nonetheless, we appear on the books. Every March for six years, Vermont Department of Defense’s implementing brink of ending this discriminatory prac- Law School sent 20 to 40 students, faculty, regulations to identify possible amend- tice. Vermont Law School played an active and staff to Washington, D.C., to lobby ments that would at least soften the impact and important role in the process. We helped make history. Progressive Fusion Needed to Save America The united States is doomed unless the American way of life is radically over- hauled, Professor Gus Speth said in a January 13 public lecture, “Letter to Lib- erals: Liberalism, Environmentalism, and Economic Growth.” Speth, who joined the VLS faculty in 2009 and is a pioneer in the modern environmental movement, said Americans must abandon the belief that salvation lies in economic growth. instead, the nation must create a new economy based on a progressive “post- growth” platform of prosperity, peace, and well being. “The best hope for real change is a Professor Jackie Gardina (far left) at Lobby Day in Washington, D.C., with VLS students and fusion of those concerned about the envi- staff members ronment, social justice, and strong democ- 4 loquitur VLS_LOQ_S11>4.indd 4 4/21/11 9:46 AM Discovery Top 10 Environmental ENRLC Prevails in Watch List Omya Case Vermont Law School gained widespread The team at the Environmental and Natu- media attention in January with the ral resources Law Clinic (ENrLC) was release of its first annual top 10 Environ- very pleased by the news that they pre- mental Watch List, which analyzed 2010’s vailed on summary judgment in the Ver- most important environmental law and mont Environmental Court after three policy issues and how those issues may years of litigation concerning groundwa- play out in 2011. The project was reported ter contamination at the omya mineral by the Associated Press, Bloomberg News, processing facility in Florence, Vermont. Forbes, MSNBC, High Country News, the “For years, omya dumped its waste into Boston Globe and dozens of other news unlined pits, which caused the groundwa- outlets nationwide and overseas. ter under its mineral processing facility in The Environmental Law Center faculty Florence, Vermont, to become contami- and Vermont Journal of Environmental Law nated with arsenic and aminoethyl etha- students researched more than 75 judicial, nolamine,” according to the lead ENrLC regulatory, and legislative actions before attorney on the case, Sheryl Dickey. The selecting what they considered to be the citizens group residents Concerned most important environmental law and policy issues, based on their significance to public health and the environment, and whether a key development was expected in the coming year. topping the list was Congress’s failure to enact climate change Laura DeCapua legislation. Gus Speth The project’s goal is to improve public understanding of environmental issues racy into one powerful progressive force,” that significantly affect people and the he said. “Environmentalists should there- natural world. The Environmental Watch fore support social progressives in address- List originated in the spring of 2010 when A waste pit at the Omya mineral processing ing the crisis of inequality now unraveling professors Gus Speth, John Echeverria, facility in Florence, Vermont America’s social fabric and join with those Pat Parenteau, and Jason Czarnezki were seeking to reform politics and strengthen brainstorming ways to improve public democracy.” understanding of environmental law and According to Speth, a “post-growth econ- policy issues.