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VLS In the News

The Daily 202: ‘A vote of conscience.’ Five House Republicans explain why they will vote to impeach Trump today.
...with him, and he will not pressure his colleagues to oppose or support convicting the president. "He's not going to whip the vote," said the adviser, who spoke on the condition of anonymity to discuss private conversations. A McConnell spokesman declined to comment." Constitutional law professor Jared Carter of Vermont Law School outlines the lasting legal ramifications of impeaching President Trump for a second time. (The Washington Post) On Tuesday night, the House passed a resolution on a 223-to-205 vote calling on Vice President Pence and the Cabinet to use their powers under the 25th Amendment to...
January 13, 2021
Constitutional law expert weighs in on potential Trump impeachment
Carter says there’s a chance the House will wait until after the Biden administration takes over and democrats take control of the Senate to hold a trial. “I wouldn’t be surprised to see the House of Representatives wait to deliver the Article of Impeachment to the Senate, because there is no requirement under the Constitution that they deliver them immediately after the articles have been passed, after the president’s been impeached,” Carter explained. “And then after the inauguration and swearing-in ceremonies, the balance of power in the Senate shifts dramatically to the other party and they’ll be able to control the agenda moving forward, and then I think it’s quite possible we’ll see movement in a trial. Whether they can get a conviction with the Senate so evenly-split -- I think remains to be seen. There are some Senate republicans who have indicated they would go along with it
January 13, 2021
Breaking Down Congress' Options to Impeach and Punish Trump for His Role in the U.S. Capitol Riots
The U.S. House is moving forward quickly with a second impeachment of President Trump, but what happens next? Jared Carter, a constitutional law scholar at Vermont Law School, joined LX News to break down the congressional options to penalize Trump for his role in the deadly U.S. Capitol riots.
January 12, 2021
Could Trump pardon himself before leaving office? What to know - CNET
...of the law doesn't explicitly state that a president can't grant self-clemency from prosecution. It comes down to the interpretation. Some legal scholars suggest that if it isn't in the text, then it's not legal.  "No president has the constitutional authority to self-pardon," said Jared Carter, assistant professor at Vermont Law School .  While no president has yet attempted to pardon himself, President Richard Nixon did ask the Office of Legal Counsel in 1974 for an opinion on the matter while he was entrenched in the Watergate scandal .  "Under the fundamental rule that no one may...
January 11, 2021
Justice Dept. to Argue on Side of Oil Companies in Supreme Court Hearing
...giants have agreed to cede.  "The United States and its officers are frequent litigants, and it therefore has a significant interest in the proper application of statutory provisions governing federal appellate jurisdiction," Wall wrote in a motion filed last month.  Pat Parenteau, a professor of environmental law at the Vermont Law School, said the granting of Wall's request by the Supreme Court  isn't unusual—even considering Wall will likely be out of that post two days later when President-elect Joe Biden is inaugurated and begins the process of installing his own administration.   "It's fairly common for the court...
January 11, 2021
What Trump's dismal deregulatory record means for Biden
...process. "It's not that it's a slam-dunk," he said. "It's that the big picture part of the rule — how broadly or narrowly do we construe jurisdiction — that question is ... where I think the Trump administration is defending relatively strong legal ground." Pat Parenteau, a professor at Vermont Law School, suggested that Biden should seek to have all the cases challenging the Trump water rule consolidated. Then the president-elect should ask for a stay of the Trump rule while his EPA drafts a new regulation, he said. But Parenteau cautioned that process is likely to...
January 11, 2021
Vermont AG calls for firing of trooper over social media posts on Capitol riot
...of Vermonters during an already indescribably stressful time in our national history, and for that, we are saddened and sorry," Vermont Public Safety Commissioner Michael Schirling said in a statement Thursday. First Amendment rights are different when it comes to public government employees according to Jared Carter with the Vermont Law School. He says they are allowed to have personal views, like supporting specific candidates, but that does not extend to condoning violence. "A police officer has a First Amendment right to comment on issues of public concern, they can't promote terrorism, they can't promote insurrection and...
January 08, 2021
Trump Administration Offers Drilling Leases in the Arctic Refuge, but No Major Oil Firms Bid
...the refuge was unlawful.  The groups involved in those lawsuits saw a setback earlier this week when U.S. District Court Judge Sharon Gleason denied their effort to stop the lease sale. But the lawsuits are far from over, according to Patrick Parenteau, a professor of environmental law at the Vermont Law School. Once the Biden administration inherits the role of defending the lawsuit, everything will change.  "There is a legal basis for the Biden administration to come into court and settle the case, or confess error and request a remand and cancel the leases," said Parenteau. "I...
January 08, 2021
Daybreak Jan 7: Extraordinary day sees Democrats flip Senate control
...however. One area he will have to address is DOJ's position in litigation over the "waters of the U.S." rule, where the department is currently defending the Trump administration's new definition. "It's a superb choice for the same reasons he would have made a great Supreme Court Justice," says Vermont Law School professor Patrick Parenteau. "He's wicked smart, impartial and objective, open to persuasion on the facts and law, follows precedent, respects science, defers to agencies when they deserve it, and not when they don't, and has a modest temperament and demeanor on the bench. He's a...
January 07, 2021
San Deigo's Morning News
There are questions, you know, can the president use, for instance, the chaos that we saw yesterday in D.C. to declare any kind of emergency constitutionally? And what would that look like? Well, there are federal laws, the Insurrection Act, that do allow, in certain circumstances the president to declare an insurrection or a national emergency. I think that's entirely unlikely. It looks as though the National Guard, the Capitol Police, D.C. police have got this under control. And for an insurrection to be declared, you really have to have civil authorities in complete chaos, unable to control the situation. And that's not what we're facing. So sure, the president could try to do that, although I don't think you can tweet right now. Speaking of social media, I'm not sure exactly how he'd get that message out, but I think that also is pretty unlikely. All right. Jared Carter,
January 07, 2021
Vermont professor: Trump, Giuliani 'violated federal statutes' by soliciting violence
MONTPELIER, Vt. ( WFFF ) — Vermont Law School professor Jared Carter said Wednesday night that based on his reading of federal statutes, the rioters "who entered the (U.S) Capitol, resulting in a death, committed what federal law defines as terrorism." Capital Region officials react to protests at U.S. Capitol Carter added that the...
January 07, 2021
Local 22 News This Morning
hill. local 22's mike hoey checked in on them... on social media wednesday night, vermont congressman peter welch said the washington d-c rioters had a leader -- and an objective. Rep. Peter Welch"The leader -- make no mistake -- was President Donald j. Trump. The objective? To advance his goal of overturning the election of Joseph Biden."NEW york congresswoman elise stefanik says in part, QUOTE:"Americans have a Constitutional right to protest and freedom of speech, but violence in any form is absolutely unacceptable and anti-American. My staff and i are safe. We pray that my colleagues on both sides of the aisle, that my colleagues on i are safe. We pray American. My staff and unacceptable and anti-any form is absolutely speech, but violence in protest and freedom of speech, but violence in any form is absolutely unacceptable and anti-American. My staff and i are safe. We pray that my
January 07, 2021
WCAX This Morning First at 4:30a
We asked jared carter from the vermont law school to provide some analysis and insight into what may be discussed in the coming days ((dom: Jared Carter thank you for being here. Governor Phil Scott and Congressman Peter Welch have called for president Trump to be removed from office. Is that even a possibility at this point, without going through any sort of impeachment process?)) ((jared carter: Well, i think absolutely it's a possibility, uh, under the 25th amendment to the United States constitution, there's a clear process by which the vice president and members of the cabinet, uh, can remove a president if they are unable to fulfill their constitutional duties. )) dom: Is that something that is even likely at this point there there's so little time left.((JARED carter: i think it can be done very quickly, whether it's politically the proper approach, whether that's, what's going
January 07, 2021
Fox 44 News at 10pm
repairing our democracy and the damage that has been done to it by donald trump." courtney vermont's lone member of the house says he's safe. and so do other members of our region's congressional delegation. loca44's mike hoey checks in on them... and with a local expert on constitutional law. mike?mike a professor at vermont law school tells us... encouraging insurrection against the government ámay fall under the federal sedition acts. but first amendment concerns make a charge of sedition ávery difficult to prove. on social media wednesday night, vermont congressman peter welch said the washington d-c rioters had a leader -- and an objective. Rep. Peter Welch"The leader -- make no mistake -- was President Donald j. Trump. The objective? To advance his goal of overturning the election of Joseph Biden."NEW york congresswoman elise stefanik says in part, QUOTE:"Americans have a
January 07, 2021
Robert Sand: Indigent have right to public defenders for any charge
Editor's note: This commentary is by Robert Sand, who is the founding director of the Center for Justice Reform at Vermont Law School and a former Windsor County state's attorney. He is also the high bailiff-elect for  Windsor County. "The spirit of liberty remembers that not even a sparrow falls to earth unheeded." So wrote famed jurist Learned Hand paraphrasing a biblical passage. In 2019, the Vermont House...
January 06, 2021
EPA finalizes science rule expected to have limited effect on power sector, but NGOs still see threat
...that because the rule is procedural, the Biden administration can "kill it" easily. " The key is that it is an internal 'housekeeping' rule that does not have any binding effect on the public," said Patrick Parenteau, professor of Law and senior counsel in the Environmental Advocacy Clinic at Vermont Law School. Follow Catherine Morehouse on...
January 06, 2021
Can Biden Reverse Trump Environmental Damage? 
Pat Parenteau, a professor of environmental law at the Vermont Law School, discusses the challenges President-elect Joe Biden will face in reversing President Trump's rollback of environmental policies and rules. Robert Iafolla, Bloomberg Law Reporter, discusses whether employers can mandate that employees get the Covid-19 vaccine. June Grasso hosts.
December 30, 2020
Two Vermont Law School Professors Elected to the American Law Institute
...-- The Vermont Law School issued the following news release: Vermont Law School (VLS) professors Hillary Hoffmann and Jonathan Rosenbloom have been elected to The American Law Institute (ALI), a leading independent organization that produces scholarly work that clarifies, modernizes, and improves the law, and therefore, the administration the ALI Council based on their merits and potential contribution to the Institute. "Election to The American Law Institute is a tremendous accomplishment and a real testament to the expertise and dedication that Hillary and Jonathan bring to the legal profession," said VLS Dean and President Thomas McHenry. "Having two Vermont Law School professors elected to the Institute in one year speaks volumes about the quality of our faculty and how they are viewed by their colleagues across the county." Professor Hoffmann's areas of expertise
December 22, 2020
Greater Pittsburgh Food Action Plan Prioritizes Justice in the Food System grounded in the realities of people's experiences," Applefield tells Food Tank. "Many of the strategies outlined in the plan come directly from comments we heard during these engagement sessions or roundtables." Laurie Beyrenevand, Director of the Center for Agriculture and Food Systems and a Professor of Law at Vermont Law School, advocates for a more streamlined national food policy. She agrees that community input is critical to the success of any food systems work. Beyrenevand tells Food Tank that for food policies to be developed by the people they serve, there have to be substantial opportunities...
December 21, 2020
NBC5 News at 11
attorney jared carter says it's time to take a step back. to look at the timeline of how this change could play out. 00;04;44;10-- 00;04;49;17 vermont law school :05 "no body's heat's gonna be shut off tomorrow. there's not tax coming tomorrow or even after town meeting."> carter says it could take years before burlington residents could see a change in the vermont law school "the language that was passed by city council requires another vote in which a majority of burlingotonians would approve any payment or any fee (áááliveááá) the next step of voting on this issue is on town meeting day. if it is approved.... the item will get passed on to the state legislature. who will have the final - (áááwptz at 11 transááá) (ááábrianááá) (ááátzááá) still ahead, new housing... heading to áplattsburgh. where it's going... and when units could be move-in ready... (ááásports desk transááá) (
December 15, 2020
Courts Skeptical of ‘Chevron’ May Stymie Biden’s Agenda
...conservative judges , many of them handpicked by groups intent on dismantling regulations. And with Barrett confirmed, the 6-3 conservative majority on the Supreme Court is likely to chip away at Chevron and other legal doctrines that give deference to agencies. "It's a big threat," says Patrick Parenteau of Vermont Law School, an expert on environmental regulations. Courts are "going to demand a whole lot more justification for what the agencies are doing." Already, libertarian groups such as the Pacific Legal Foundation are gearing up for fights with the Biden administration over financial regulations, environmental rules, and new policies...large portions of Biden's policy agenda could hinge on the ability of the EPA and other agencies to establish policies that pass muster with at least one of those conservative justices. "You better have a bobblehead doll of Kavanaugh on
December 15, 2020
Fox 44 News at 10pm
jared carter is a professor at vermont law school and expert in state and federal constitutional law. the supreme court appeared to agree with his assessment friday night, issuing an order that read "tex has not demonstrated a judicially cognizable interest in the manner in which another state conducts its elections. all other pending motions are dismissed as moot." governor phil scott condemned the lawsuit, and seemed particularly disturbed by the fact that 17 A-Gs backed it. "Republican Governors, Republican Lieutenant Governors and Republican Secretary of States have signed off on the elections in their states, said they certified them. For this lawsuit to come about and try and challenge some of those states is unnecessary and a bit pathetic in some respects. We need to move on."EVEN
December 11, 2020
The Best Law Schools For Women (2021)
...student answers to a single survey question: whether all students are afforded equal treatment by students and faculty regardless of their gender. According to Princeton Review , these are the law schools where women stand on equal footing with their male classmates: 1. Stanford University School of Law 2. Vermont Law School 3. New England Law – Boston 4. University of Toledo College of Law 5. University of the District of Columbia David A. Clarke School of Law 6. UC Davis School of Law 7. St. Thomas University School of Law 8. Charleston School of Law 9....
December 11, 2020
What’s Vermont’s stake in Facebook lawsuit?
...the social media giant has become a powerful monopoly by purchasing smaller companies like Instagram, stifling competition and innovation. Many companies take over smaller competition in an effort to better their own product, so why is this different and worthy of such a large lawsuit? Darren Perron spoke with Vermont Law School professor Jared Carter about the legal action against the social media giant.
December 10, 2020
What one far-right website's removal reveals about the future of webhost law before taking it before a court of law. But he concludes that "leaving such important decisions to the discretion of Internet hosts is misplaced and tilts the balance in favor of silencing often legitimate voices."   Tackling misinformation is far harder than it initially seems  Jeannette Eicks, a law professor at Vermont Law School and director of the Center for Legal Innovation, notes that there would be little legal repercussions possible under normal circumstances. Section 230 of the Communications Decency Act protects companies like Automattic from legal lawsuits over their users' posts on their website. However, Eicks believes that...
December 10, 2020
With Justice Barrett, a tectonic shift on the environment
...future administrations to act on threats from tainted drinking water to climate change, say these experts. Together, the new majority's rulings could undermine not only specific health and environmental rules, but the very basis of government's power to regulate. "It's a tectonic shift," said Patrick Parenteau, a professor at Vermont Law School. "Just about every environmental law we have could be rethought," including decades-old protections such as the Clean Air Act, the Clean Water Act, and the Endangered Species Act. "This is shaking the foundations of what we do." The new court will likely impede efforts to...
October 26, 2020
WCAX This Morning First at 4:30a
view doctrine and this idea that - at least accoding to the Vt suprme court - law enfocemnt can sort of go around your property and if they see something they are not requried to ignore it 1.56)) This week the us supreme court rejected a petion to look at the case - but Justices Gorsuch, Sotomayor, and Kagan had a message for Vermont:((1.10 // essentailly a warning shot to the Vermont suprmee court saying - hey next time you do this sort of anyalisis make sure you follow our diretions with respect to the 4th amendment of the united states consition 1.22)) jared Carter is a law professer with Vermont Law School. He says the letter from the us suprme court has no legal siginigcance - its more of a symbolic warning((2.12 Carter // the us supremve court said - even though we are not going to take the case and review it - and reject it - at least some of the justices as gorsuch pointed out
October 21, 2020
COVID-19 could change how professional programs teach online
...inform how education in fields like law and medicine are offered down the road. Officials who run them see an opportunity to adapt to a permanently changed world. "It's slowly going to force the academy to change," said John Miller, vice president for enrollment management, marketing and communications at Vermont Law School. "What the pandemic will show us is that post-COVID, you will see much more acceptance of online education." New twists online The rapid shift online gave instructors who had never even dabbled in the platform a crash course. For law professors, in particular, this might have...instructors to help teach virtual courses "It's definitely all changing rapidly," he said.  "It's slowly going to force the academy to change. What the pandemic will show us is that post-COVID, you will see much more acceptance of online education." John Miller Vice
October 20, 2020
US Supreme Court urges caution in Vermont deer jacking decision
...a doctrine known as the plain view doctrine, and this idea that at least according to the Vermont Supreme court -- law enforcement can sort of go around your property and if they see something, they are not required to ignore it," said Jared Carter, a professor at the Vermont Law School. This week the U.S. Supreme court rejected a petition to look at the case, but Carter says Justices Gorsuch, Sotomayor, and Kagan had a message for Vermont. "Essentially a warning shot to the Vermont Supreme Court saying, 'Hey, next time you do this sort of...
October 20, 2020
Trump fighting history in Supreme Court census case
...days after allowing the administration to end the 2020 census early and pursue an end-of-year deadline for those apportionment results. The Trump administration brought the case to the Supreme Court after a special panel of New York federal judges ruled the effort to exclude undocumented immigrants violated federal law. Vermont Law School professor Jared Carter said the administration seeks permission to overlook a marker of one of the country's "original sins," counting enslaved people as three-fifths of a person in apportionment. "They're asking the courts to ultimately conclude, essentially to ignore, what I think is the plain...
October 19, 2020
SUPREME COURT Greens prep fight over Trump's border wall
...which would create a hurdle for litigants fighting spending decisions — but not environmental rules, said Bob Percival, director of the University of Maryland's environmental law program. "While that makes it hard to challenge environmentally destructive spending," he continued, "it should not threaten standing for violations of environmental law." Vermont Law School professor Pat Parenteau said Trump v. Sierra Club seems poised to be a "close case but could be a one-off without broad implications for environmental standing." The American Civil Liberties Union (ACLU), which brought the lawsuit on behalf of the Sierra Club and the Southern...
October 19, 2020
Democrats probe US Supreme Court pick's climate stance, legal philosophy
...climate policy," according to Richardson, is "possible changes to broader administrative law doctrines that constrain the ability of Congress to delegate authority to agencies." Barrett's appointment comes as multiple high-profile climate-related lawsuits work their way toward the Supreme Court, noted Jennifer Rushlow, director of the environmental law center at Vermont Law School. "Environmental law is a relatively new field," Rushlow said in an email. "The super-precedent of environmental law — and particularly energy and climate law — is actively under development...
October 16, 2020
Barrett's climate answers raise question: Is she a denier?
...local climate change damages ( Climatewire , Oct. 5). Another major climate lawsuit — Juliana v. U.S. — was dismissed, but not before the judges wrote a majority opinion that said unchecked fossil fuel production threatens to "hasten an environmental apocalypse" ( Climatewire , Jan. 21). Pat Parenteau of Vermont Law School noted that even Supreme Court Justices John Roberts and Brett Kavanaugh have acknowledged that climate change is real. He said that Barrett's extreme textualism is "a page right out of the Scalia playbook," referring to Barrett's mentor, the late Justice Antonin Scalia. "What Barrett seems...
October 15, 2020
Leahy questions Barrett on limits of presidential power
...animal based on the law. That view is changing in this country. And if it changes, then we are going to be really hurting," Leahy said. President Donald Trump's nominee is on track for quick confirmation before Election Day. Darren Perron spoke with Jared Carter, a professor at the Vermont Law School, about how the confirmation hearings have unfolded this week. Watch video...
October 14, 2020
Fox 44 News at 10pm
g-o-p leaders to delay them entirely until stricter covid-19 procedures are implemented. local 44's devin bates joins us live in the newsroom with more.devin hearings for president trump's nominee amy coney barrett are scheduled to begin on monday in the senate judiciary committee, but g-o-p senators thom thillis and mike lee have tested positive for covid-19, and others have refused to be tested. senator patrick leahy joined senators cory booker and kamala harris in urging judiciary committee chairman lindsay graham against "unsafely moving forward with these hearings while no clear testing regime is in place to ensure that they do not become another super-spreader of this deadly virus."vermont law school professor jared carter said positive tests in the white house and on capitol hill have thrown additional uncertainty over what was already a complicated nomination process, despite
October 10, 2020
Local 22 News
devin bates joins us live in the newsroom with more.devin hearings for president trump's nominee amy coney barrett are scheduled to begin on monday in the senate judiciary committee, but g-o-p senators thom thillis and mike lee have tested positive for covid-19, and others have refused to be tested. senator patrick leahy joined senators cory booker and kamala harris in urging judiciary committee chairman lindsay graham against "unsafely moving forward with these hearings while no clear testing regime is in place to ensure that they do not become another super-spreader of this deadly virus."vermont law school professor jared carter said positive tests in the white house and on capitol hill have thrown additional uncertainty over what was already a complicated nomination process, despite president trump's claim it will be fast and easy."i think it's pretty clear that this is an
October 09, 2020
Fossil Fuel Companies Keep Getting Sued Over Climate Impacts. Here’s Where the Cases Stand
...advertisements and misleading claims violated the D.C. Consumer Protection law." One legal expert who is following these climate cases told DeSmog that these consumer protection cases may have an easier path towards trial in state courts. "These are straight-up state consumer rights laws," Pat Parenteau, an environmental law professor at Vermont Law School (and this writer's former law professor) said. "So those [cases] are going to go straight to trial I think." Supreme Court Steps in to Examine Procedural Question Many of the other climate lawsuits targeting fossil fuel companies have been tied up in a procedural battle over whether...
October 07, 2020
New magistrate judge is named
...years. Doyle also did a one-year stint as a law clerk for Judge Peter Hall of Rutland, who serves on the U.S. 2nd Circuit Court of Appeals in New York City. Doyle still keeps his hand in teaching by serving as an adjunct professor at both Norwich University and Vermont Law School. The federal court system in Vermont earlier had used up to four private lawyers to serve as part-time magistrates to handle various hearings as needed each year. The caseload grew until there was a need for one full-time magistrate to serve the entire state. The...
October 07, 2020
Report: Environmental agencies are violating civil rights laws — and the EPA is letting them
...notices in prominent locations in the office, that they provide language assistance services for those with limited proficiency in English, and that they hire a nondiscrimination coordinator.) "Those procedural requirements are the baseline [at other federal agencies]," said Marianne Engelman Lado, director of an environmental justice clinic at the Vermont Law School. "Recipients are supposed to do that across the board. EPA sits passively waiting for complaints rather than actively requiring compliance with civil rights law. What this report confirms is that EPA needs to have an affirmative compliance program." James Hewitt, a spokesperson for the EPA,...
October 06, 2020
Local 22 News
virus knows no boundaries and we must remain vigilant. "This can be a teaching moment for everyone that this doesn't discriminate. It doesn't matter who you are, how powerful you are...this can bring you to your knees so to speak" health comissioner mark levine echoed many of those sentiments...and reinforced that testing simply isn't enough to prevent the virus. trump has been widely criticized for downplaying the severity of the virus and effectiveness of masks. "I'm quite confident the president would have tested negative many many days before he was positive ..testing is not prevention" "Election day is coming no matter what...I think the question is how much is the president going to be engaged in that process here on out" while doctors say the next few days are critical to trump's recovery.. vermont law school professor jared carter says there are
October 02, 2020
Federal Court Requires EPA to Enforce Civil Rights
Instead, EPA should have been taking the steps outlined in the OIG report to address the racial inequalities in environmental decision-making that have led to gross racial disparities in the location of polluting facilities and exposure to environmental contamination," said Marianne Engelman Lado, the director of the Environmental Justice Clinic at Vermont Law School. SCROLL TO CONTINUE WITH CONTENT Get our best delivered to your inbox. "The court has spoken. Which makes it a good day in the long-standing battle for civil rights in this country." said Neil Carman, who had filed a complaint against a Texas state agency challenging its...on a complaint filed with EPA against the New Mexico Environmental Department for discriminating against Spanish-speaking residents.  The judge's order is attached and additional information on the cases that led to the
October 02, 2020
Supreme Court pick Barrett could create solid conservative majority
...questions about her commitment to environmental protection. "She has written some stingy standing decisions, and since she's a Scalia acolyte I think we know where she'll land on those issues as well as a similar narrow view of agency authority under statutes where the text doesn't support it," says Vermont Law School Professor Pat Parenteau. Eric Glitzenstein, director of litigation at the Center for Biological Diversity, said of Barrett, "If she's a protégé of Justice [Antonin] Scalia, as she says, she will be devastating for the environment." Barrett has said of Scalia, for whom she clerked, "His...
September 30, 2020
Fox 44 News at 10pm
22/44 news starts now. good evening and thanks for being here... i'm lauren maloney. mikepresident trump has nominated federal judge amy coney barrett to the supreme court, where she would fill the seat of the late ruth bader ginsburg. local 44's devin bates is live in the newsroom tonight with local reaction to barrett's nomination, including what it could mean for vermont.devin vermont.devinelection day is just over five weeks away, and if barrett is confirmed, it would establish a clear conservative majority in the u.s. supreme court. vermont law school professor jared carter explains the significance of this nomination.
September 29, 2020
Why a Tidal Wave of Climate Lawsuits Looms Over the Fossil Fuel Industry
...conflicting rulings.  Those decisions have likely encouraged the filing of more suits, a trend experts expect to continue. New Tactics Notably, the newer cases have morphed from focusing heavily on nuisance claims, to include claims of failure to warn and creating a public danger, Pat Parenteau, professor of environmental law at the Vermont Law School said. "Fraud, deceit, that's really the theme," Parenteau said.  "We're seeing these consumer-based cases, and that's an interesting development, trying to base a claim for damages, not just sort of penalties or traditional enforcement for violating consumer laws, but actual disgorgement of profits and damages for violating...
September 28, 2020
You Can Quote Me
that's why this law is so important. >> Darren: jenny rushlow from vermont law school, thank you very much. >> Rushlow: thank you. >> Darren: still ahead this morning, how presidential politics will play a role in new hampshire this election year Jeanne Shaheen has always been a champion for women, an advocate for survivors of sexual assault. I've worked with her for decades. It's Jeanne's landmark legislation that for the first time gave survivors basic rights that could be enforced in federal court. Jeanne Shaheen put the law on the side of survivors. And Jeanne's worked for equal pay, affordable child care,
September 27, 2020
Could Barrett 'shut the courthouse doors' on enviros?
...of the court's most liberal members and deepening a conservative majority on the bench that could affect the outcome of environmental litigation for decades. "The courts in general and the Supreme Court in particular are not going to be much help on confronting the major environmental challenges we face," Vermont Law School professor Pat Parenteau wrote in an email. Barrett accepted the nomination at the White House this afternoon, highlighting Ginsburg's achievements on the high court. "She not only broke glass ceilings," Barrett said of Ginsburg. "She smashed them." Barrett's record on environmental and energy issues is...
September 26, 2020