Nathalie J. Chalifour & Jessica Earle—“Exercising my ‘reasoned judgment,’ I have no doubt that the right to a climate system capable of sustaining human life is fundamental to a free and ordered society.”~The Honorable Judge Ann Aiken, U.S. District Court for the District of Oregon—Climate change has become one of the most serious challenges of […]READ MORE
William Funk—Probably since the first instance in which Congress considered giving a federal agency the authority to regulate private conduct, those subject to regulation have attempted to avoid such regulation. One objection has been that the subject should not be regulated—regulation kills jobs, investment, innovation, etc. A less direct attempt has been to impose procedural […]READ FULL ARTICLE
Amanda E. Quinlan—In Vermont, enrollment in public schools is declining. At the same time, the state is plagued with academic inequity—a trend that violates the state’s constitutional obligation to provide all Vermont students with equal educational opportunities. A major driver behind this academic inequity is wealth: schools with concentrations of disadvantaged students tend to be […]READ FULL ARTICLE
Elizabeth Bower—Before the Europeans arrived in North America, Native nations covered virtually all of the contiguous United States. Since the point of first contact, Native Americans have been forced to deal with Euro-American colonial powers. The tribal-federal relationship during the latter half of the 19th Century was particularly gruesome in that the federal government forcibly […]READ FULL ARTICLE
Noah Greenstein—In 1906, Congress passed the infamous National Monument Act (more commonly known as the Antiquities Act), which grants the President broad, discretionary authority to designate national monuments. Over the last 100 years, 16 Presidents from both parties have used this Act to designate 157 national monuments across the United States. For example, on September […]READ FULL ARTICLE
Kimberly E. Johnson— Will the New England Fishery Management Council’s recent Clam Dredge Framework harm critically endangered North Atlantic right whale habitat by permitting hydraulic clam dredging in three excepted areas of the Great South Channel Habitat Management Area? On April 9, 2018, the National Marine Fisheries Service (NMFS), the National Oceanic and Atmospheric Administration (NOAA), […]READ FULL ARTICLE
Submissions The Vermont Law Review continually seeks articles, commentaries, essays, and book reviews on any subject concerning recent developments in state, federal, Native American, or international law.