Syllabus
Spring Semester 1997 * 3 credit hours * M W F 11:30 - 12:20 * Seaton 107 * Lorn Clement
Last update: December 11, 1996
Overview
Format
Requirements Links to interesting books and articles. Term paper requirements.
Objectives
Schedule Links to class notes and materials.
Texts
Overview - expanded catalog description
This course will address procedural and substantive issues of law and regulation affecting the federal
lands and natural resources therein -- water, minerals, timber, range, wildlife, recreation and
preservation (historic, wilderness, etc.). A brief history and review of the acquisition and
disposition of federal lands, our judicial systems, constitutional authority of the branches of
government and relevant federal agencies, legislative process, and pertinent doctrines of
administrative law will be addressed. Legal issues relative to the resources will be studied through
lectures, case briefs, and additional materials. Current issues such as conflicts with private
property rights, ie. "takings" will be explored.
15 weeks; 3 lectures/discussions per week @ 50 minutes ea.
Term papers; case briefs by students in turn.
Exams at midterm and in finals week.
- class participation (briefing, discussion)......20%
- midterm exam...........................................15%
- term paper................................................35%
- final exam..................................................30%
Participation (graded A/Pass/Fail). Attendance is required. Briefing case exerpts from the case book, in turn, is required, as is making copies of the briefs for classmates. Initiating discussion, asking questions, being involved is strongly encouraged. Intelligent writing on exams is a key to success. Term papers should focus on a legal issue of some kind, utilize legal research materials, be analytic in nature and be 15 or so pages in length (double spaced). Please see the handout on requirements. Please also note that I have identified a number of books and articles that may be of interest to you for research and other purposes.
Schedule for term papers
- February 7, 1997.....Topic(s) Identified with Sources & Outline Headings
- March 7, 1997.........Expanded Outline Due
- April 18, 1997..........Term Paper Due
Term paper requirements are here.
If you have any kind of disability, please put me on notice so I can make a reasonable accommodation.
At the conclusion of this course students will be able to :
- Understand our governmental structure, the role of the U.S. Constitution, the roles of the three branches and administrative agencies.
- Understand the U.S. court system, and legislative process.
- Understand the basics of civil procedure - pre-trial, trial and post-trial.
- Be able to read a judicial opinion with understanding; recognizing the parties, the issue, the holding, and the legal arguments used in the case.
- Understand basic aspects of actions at law and at equity; eg. the requirements for suing for damages, the requirements for obtaining an injunction.
- Appreciate important aspects of administrative law, and judicial review of administrative decisions.
- Articulate key sections of important laws which affect management of public lands; eg. the EIS requirement of NEPA; the land use mandates of FLPMA, MUSY and NFMA.
- Appreciate the attitude of the Supreme Court toward natural resource management and environmental groups.
- Understand some key legal principles and judicial doctrines which operate in the field of federal lands and natural resources law, e.g.;
- Federalism; Separation of Powers
- Delegation of Power; Judicial Deference
- Judicial Activism/Restraint
- Preemption
- Standing; Ripeness; Justiciability; Exhaustion
- Prior Appropriation; Riparianism
- Public Trust Doctrine
- Unconstitutional Takings
- Appreciate, to a limited extent, the experience of law school.
Here you will find an overview of topics for the semester, with links to lecture notes and course materials.
Please note that reading assignments will be made each day during class, using the schedule in your paper syllabus.
Week 1
- 1/17 F Introduction; The Field; the Resources, the Agencies
Notes:
- systems summary
Week 2
- 1/20 M MLK Day -- no class
- 1/22 W Perspectives
- 1/24 F Constitutional Gov't; Legislative Process; Court Systems
Notes:
- See handouts
Week 3
Week 4
- 2/3 M History: Alaska; Access
- 2/5 W History: U.S. Congress
- 2/7 F Authority: Congress and the States; Jurisdiction: Property Clause
Week 5
Week 6
- 2/17 M Authority: Judicial Review
- 2/19 W Authority: Judicial Review
- 2/21 F Authority: Executive Withdrawals, Reservations
Week 7
Week 8
- 3/3 M Midterm Exam
- 3/5 W Water: Acquisition of Water Rights; Prior Appropriation Doctrine
Notes:
- Water Rights
- 3/7 F Federal Reserved Water Rights
Week 9
- 3/10 M Water: Congressionally Delegated Control
- 3/12 W Water Development
- 3/14 F Watershed Management
Week 10
- 3/17 M Minerals: Hardrock Doctrines; GML of 1872
- 3/19 W Minerals: Inroads on Right to Prospect and Mine
Notes:
- Mineral Resource Summary
- 3/21 F Mineral Leasing; Federal Reserved Mineral Rights
Week A
Week 11
- 3/31 M Timber: Traditional Forest Service Management; MUSYA
Notes:
- Timber resource summary
- 4/2 W Modern Forest Service Managment; NFMA
- 4/4 F Future Forest Service Management
Week 12
- 4/7 M Range: Common Law; Taylor Grazing Act of 1934
Notes:
- Range resource summary
- 4/9 W Modern Public Range Management; NEPA
- 4/11 F FLPMA; Land Use Planning on BLM Lands
Week 13
Week 14
- 4/21 M Wildlife: National Wildlife Refuge System
Notes:
- NWRS Summary
- 4/23 W Wildlife Conservation & Management on FS and BLM Lands
- 4/25 F Recreation: National Park Service
Week 15
- 4/28 M Recreation: National Recreation Areas and Other Lands
Notes:
- Recreation resource summary
- 4/30 W Off-Road Vehicle Regulation; Federal Liability for Mishaps
- 5/2 F Preservation: Archeological and Historical Artifacts
Week 16
- 5/5 M Preservation: External Threats
- 5/7 W Preservation: Rivers and Wilderness Areas
- 5/9 F Last day of class: Review
Week 17
- 5/13 M * Final Exam * 11:50 AM * Seaton 107
- Coggins & Wilkinson, 1993, Federal Public Land and Resources Law, 3rd Ed. (this is a casebook)
- Coggins, et al, 1996 Case Supplement
Recommended Texts
- Coggins & Glicksman, 1995, Modern Public Land Law in a Nutshell, West Publishing Co
- Getches, David, 1997, Water Law in a Nutshell, West Publishing
- Coggins & Wilkinson, 1990 Statutory Supplement to the casebook
NOTE that a lot of the material you see on these pages, as cited, is derived from these required and recommended texts.
To reach Lorn Clement, visit his office at Seaton Court 103F; call 913-532-5961; or
e-mail: lacjr@ksu.edu
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