2015 Summer Semester Classes

WRI7380.A/Advanced Environmental Legal Research

This seminar provides in-depth exposure to the most useful, efficient strategies and resources for environmental law research, including highly specialized information databases, advanced administrative law research, legislative history, and environmental news/ updating services. The course goes well beyond the basics taught in introductory legal research classes and is designed to prepare students to research all types of environmental legal materials for use while in law school as well as in practice.

Professor(s)

Christine Ryan

Semester

2015 Summer - Term 1

INT___/Comparative U.S.-France Land Use Field Study

This field study course will explore and compare land use planning and law in three jurisdictions: California, Vermont and France. The course will examine pressing land use planning issues including the management of contaminated sites, infill development and public transit development, carbon reduction initiatives and the tensionbetween local and state direction. This 14-day course will commence in South Royalton with presentations and summaries on California and Vermont land use planning and statutory requirements.

Professor(s)

John Echeverria, Thomas McHenry

Semester

2015 Summer - Term 1

ENV5430.A/Ecology

Explores the principles of ecology using an interdisciplinary approach and field-based work. Course work stresses the inventorying of biotic and physical components of a landscape, examining how these components are distributed, and determining what forces drive these patterns. Topics include interpreting the natural and cultural histories of a landscape, biodiversity conservation, and the scientific method, among others.

Professor(s)

Walter Poleman

Semester

2015 Summer - Term 1

ADR6415.A/Environmental Dispute Resolution

Explores the range of processes that are used to resolve environmental disputes with particular emphasis on consensual processes such as negotiation and mediation. Instruction will be based on lectures and discussions of the theory of dispute resolution and environmental law and simulations to practice the skills needed to resolve environmental disputes.

Professor(s)

Philip Harter

Semester

2015 Summer - Term 1

ENV5220.A/Environmental Economics and Markets

The course introduces students to the discipline of environmental economics and exposes them to debates over the use of market-based instruments in environmental, energy, and climate policy. It also introduces students to basic economics and finance concepts, examines key principles about market behavior and efficiency, and applies these basic elements and concepts to common environmental problems and actual case studies.

Professor(s)

James Chen

Semester

2015 Summer - Term 1

ENV5115.A/Environmental Law

This introductory course covers the history of environmental values and policies, including a discussion of economics and the environment, common law roots, approach to federalism, and environmental justice. It compares and contrasts the major environmental statutes, such as the Clean Water Act, Clean Air Act, Toxic Substances Control Act, and other federal statutes. It considers the goals and objectives of environmental laws, and the choices that are made both implicitly and explicitly in effecting the means of environmental protection.

Professor(s)

Kevin Foy

Semester

2015 Summer - Term 1

ENV5423.A/Ocean and Coastal Law

Long neglected by lawmakers despite its essential ecological functions, the marine environment has increasingly been the focal point of conservation and natural resource management efforts. As a foundation for studying the laws that govern the marine environment, the course considers the natural components of estuarine, coastal, and marine ecosystems and the current conservation issues confronting them.

Professor(s)

Don Baur, Tim Eichenberg

Semester

2015 Summer - Term 1

REQ7180.A/Public Law

This course provides students a comprehensive introduction to public law in the United States, focusing on the constitutional structure of government, the legislative law-making process, techniques of statutory interpretation, the nature and authority of public administrative agencies, the methods agencies use to establish regulations and other legal rules, and the process for judicial review of agency action.

Professor(s)

Semester

2015 Summer - Term 1

ENV5408.A/The Law of Animals in Agriculture

This course will cover the evolution and regulation of animal agriculture in America, contrasted with farmed animal welfare policies in other developed nations. Material will include the laws related to the breeding, raising, feeding, transporting, and slaughtering of land and marine animals used for food, particularly as related to their welfare. The class will evaluate the long term sustainability of CAFO food production specifically and animal food production generally. Finally, students will explore the likely pressures from increased international trade in agricultural products.

Professor(s)

Pamela Vesilind '08

Semester

2015 Summer - Term 1

ENV5406.A/Animal Rights Jurisprudence

This class will explore the concept of animal law as it relates to the broader concept of legal rights. We will look at whether and how animals are subjects of the law, whether the legal system responds to their needs, and if so, how. We will start by exploring the ways the legal system defines “animal” and then move on to a discussion of animals within property law, criminal law, environmental law, and constitutional law. We will contextualize this investigation within an overall rubric of legal and moral rights and whether animals have any such rights and if not, why not.

Professor(s)

Semester

2015 Summer - Term 2

ENV5561.A/Environmental Enforcement and Compliance

This course is an introduction to the theory and practice of enforcement of the federal pollution control laws. We will first discuss the basic regulatory structure of the pollution control laws and the administrative, civil, judicial, and criminal enforcement tools available to federal and state regulators to ensure compliance with those laws.

Professor(s)

Randolph Hill

Semester

2015 Summer - Term 2

ENV5446.A/Environmental Justice

This course examines the issue of environmental justice not only from an environmental law perspective but also from a civil rights law as well as a human rights perspective. It explores how environmental justice concerns are framed and addressed/resolved through acts of civil disobedience, government initiatives, litigation and alternative dispute resolution (ADR), and/or mediation in the U.S.

Professor(s)

Barry Hill

Semester

2015 Summer - Term 2

ENV5375.A/Global Energy Justice

This course revolves around a central question: how can justice theory help people make meaningful decisions about the production, the delivery, the use, and the effects of energy? In asking this question, the class connects the discussion of energy and technology with long-standing notions of virtue, utility, happiness, welfare, freedom, distributive justice, and procedural justice.

Professor(s)

Semester

2015 Summer - Term 2

INT7446.A/International Trade and the Environment

This course is an up-to-the-minute, in-depth treatment of the intersection and frequent clash between two areas of policy and law, both of which are intended to promote human welfare and sustainable development: trade liberalization and environmental protection. The course addresses cutting-edge questions in the field, including protection of natural resources through unilateral trade-based measures, the legality of multilateral environmental agreements employing trade measures, utilization of science-based trade tests, and environmental impacts of foreign investment liberalization.

Professor(s)

David Wirth

Semester

2015 Summer - Term 2

ENV5474.A/Land Conservation Law

Increasingly important in our efforts to preserve ecological diversity, historic places, working lands, scenic viewsheds, open space, and public uses of land are conservation tools and processes such as donation of conservation easements, purchase of sensitive lands, and private/public partnerships for land conservation. Students will research and review the swiftly developing body of law and legal issues accompanying the use of conservation easements, and will gain an understanding of both the legal and practical dimensions of land conservation transactions involving conservation easements.

Professor(s)

Jessica Jay '97

Semester

2015 Summer - Term 2

ADR6412.A/Mediation

This course examines the nature of mediation and explores theoretical and practical aspects of the process. It will analyze each component of the mediation process and provide students with the opportunity to apply theories and skills in simulation exercises. The course will also address ethical and practical issues.

Professor(s)

Semester

2015 Summer - Term 2

ENV5540.A/Public Health Implications of U.S. Agriculture and Food Policy

It is often argued that individual food choice is the ultimate exercise of personal responsibility in our society. But what if that conventional wisdom was challenged, instead recognizing that a complex web of agricultural and food laws substantially influences what ends up on our plates and ultimately affects the health of individuals and communities? These policies, and the regulatory mechanisms supporting them, play a vital role in determining health outcomes for our nation, and accordingly will be explored in depth in this course.

Professor(s)

William Eubanks II '08

Semester

2015 Summer - Term 2

ENV5210.A/CERCLA Liability and Cleanup

This course explores how strict, joint and several liability works in the context of hazardous site cleanup. Related issues such as settlement, divisibility, apportionment, contribution, and allocation of liability will be addressed. Brownfields liability and how the law may promote private cleanup will be examined.

Professor(s)

Martha Judy

Semester

2015 Summer - Term 3

ENV5521.A/Earth Law

Climate change and other global threats are increasingly illustrating the limits of our existing environmental laws to stem degradation. This course posits that environmental declines will continue until we address a fundamental assumption underlying our legal system: that humans are separate from the natural world and may treat it as property to be exploited, rather than as a connected ecological partner. The course will critically examine the sources of this assumption and its impacts on preventing us from achieving a healthy, thriving planet.

Professor(s)

Linda Sheehan

Semester

2015 Summer - Term 3

ENV5405.A/Ecosystem Conservation Strategies

This course will focus on the conservation theory behind landscape scale projects and specific implementation actions. Case studies will draw conclusions for lawyers and practitioners. The course will involve lectures and discussion. Materials will draw on actual cases and projects involving The Nature Conservancy and other conservation organizations.

Professor(s)

Philip Tabas

Semester

2015 Summer - Term 3

ENV5383.A/Food System Justice and Sustainability

This is a seminar on food system policy. We still study the policy and political underpinnings of our current food system, and learn about opportunities to advance policy to realize a more healthy and equitable food system. Utilizing case studies from this timely and quickly evolving area of practice, this practical course will examine the policy and program options that could help create a sustainable locally-based food system, where food is healthy, affordable, and sustainably produced.

Professor(s)

Semester

2015 Summer - Term 3

ADR6420.A/Negotiation

This interactive workshop examines the dynamics, constraints, and skills of the negotiation process. It focuses equally on the use of negotiation in planning and dispute resolution. Theories of negotiation are examined through current literature. Students learn specific techniques through simulation experiences, and issues related to the use of negotiation are addressed through classroom discussions. The content of the practice-oriented course is drawn from the fields of law, psychology, business, and communication. This is a limited-enrollment course.​

Professor(s)

Semester

2015 Summer - Term 3

ENV5564.A/Peace, War, and the Environment

This course explores environmental protection during armed conflict and analyzes the role of environmental management in peacekeeping and state reconstruction. It considers current challenges in the Middle East, Africa, and Asia, and discusses how environmental obligations may be incorporated into the laws of new states.

Professor(s)

Catherine MacKenzie

Semester

2015 Summer - Term 3

ENV5492.A/Renewable Energy Law and Policy

This course explores the expanding field of renewable and alternative energy supplies. It reviews local, state, and federal laws and policies that promote (and impede) such sources, and considers emerging distributed generation models. Turning to technology-specific evaluations, it surveys the range of emerging technologies and looks in depth into some specific models of high potential or value, concluding with consideration of proposed strategies for reducing greenhouse gases.​

Professor(s)

Semester

2015 Summer - Term 3

INT7441.A/China Field Study

Following completion of the Comparative U.S.-China Environmental Law course, students may participate in an additional field trip to China. This trip will enable students to experience directly environmental conditions in China and to meet leading Chinese environmental scholars and activists.

Professor(s)

Semester

2015 Summer - Term 4

INT7440.A/Comparative U.S.-China Environmental Law

This course examines how China and the United States––the two countries with the greatest impacts on the planet’s environment––are using law to respond to environmental challenges. After an introduction to the history and structure of environmental law, the course compares approaches to regulation used in China with those employed by the U.S.

Professor(s)

Semester

2015 Summer - Term 4

ENV5449.A/Environmental Litigation Workshop

This course will provide students with intensive, practical experience with application of the Federal Rules of Civil Procedure in the context of civil environmental litigation. Participating in either a plaintiff’s or defendant’s litigation team, students will follow each basic step in pretrial civil litigation under the FRCP, from complaint filing through discovery.

Professor(s)

Semester

2015 Summer - Term 4

DIV7628.A/Indian Tribes as Governmental Stewards of the Environment

This course examines the unique body of law governing “Indian country,” the geographic areas recognized by the federal government as the homelands of sovereign American Indian tribes. Major topics include the history of federal-tribal relations, tribal property rights, tribal court systems, and the balance of governmental power between tribes, states, and the federal government.

Professor(s)

Semester

2015 Summer - Term 4

INT7450.A/International Investment Arbitration and the Environment

This course will examine a cutting-edge area of environmental advocacy. Under the umbrella of sustainable development, the course brings together the points of contact between three areas of international law, namely investment, human rights, and the environment, which together form one of the most dynamic areas of international environmental advocacy today. The course will explore how the various treaties underlying these three regimes relate to one another, with a particular emphasis on dispute settlement.

Professor(s)

Marcos Orellana

Semester

2015 Summer - Term 4

ENV5468.A/Oil and Gas Production and the Environment

This course will provide students with an understanding of the future of petroleum as a resource, the framework of conservation law and property law used to produce and regulate oil and gas, and the externalities of production. The course reviews the nature of the oil and gas lease used in the U.S. on private lands and on public lands, including federal offshore leases. The course will look at how best practices, sustainable development, and social issues, including human rights, are treated in the domestic and international law affecting oil and gas production.

Professor(s)

Jacqueline Weaver

Semester

2015 Summer - Term 4

ENV5462.A/Public Lands Management: Montana Field Study

The Montana Field Study is a unique experiential learning opportunity. This class focuses on National Forest Management. Students experience forest management, wilderness, recreation, and roadless issues first-hand, in the wilds of Montana and Idaho. Almost the entire class is held in the field; we backpack into remote places. Instructor permission is required; contact the Environmental Law Center for further information.​

Professor(s)

Jack Tuholske

Semester

2015 Summer - Term 4

ENV5410.A/The Modern Farm Bill

The purpose of this course is to introduce students to the breadth of policies and legal authorities included in the Farm Bill that Congress re-evaluates every 5 years. While a good deal of time will be spent on farm safety nets, conservation, and nutrition policies, this course will demonstrate the depth that a modern farm bill reaches with impacts on private working lands and consumers. International trade, clean energy, forestry, rural development, and overall food policies will be reviewed.

Professor(s)

Chris Adamo '04, Jonathan Coppess

Semester

2015 Summer - Term 4

LIT7210.A/Evidence

​Considers the rules governing the admissibility of testimonial, physical, documentary, and demonstrative evidence in trials and other formal legal proceedings.  Topics considered include relevance, prejudice, competency, hearsay, opinion, impeachment, and privilege.

Professor(s)

Deborah Young

Semester

2015 Summer - 4 Week Courses

ADR6450.A/Advanced Dispute Resolution Writing Seminar

"The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried." Is Justice O'Conner's statement true? What are alternative means of dispute resolution and are they really better for parties than taking a dispute to court? This course will introduce students to a wide range of alternative dispute resolution topics so that they can answer these questions.

Professor(s)

Beth McCormack

Semester

2015 Summer - 8 Week Courses

ENV5498.A/America's Energy Crisis

This class will address the fundamental crisis in which growing energy demands are threatening the capacity of our global atmosphere and eroding our energy security. It takes place at a time when increasing recognition of the problem is maturing into a struggle to identify and create the legal and policy elements necessary to promote and ensure solutions. Most classes will feature conversations with nationally recognized scholars and practitioners.

Professor(s)

Michael Dworkin

Semester

2015 Summer - 8 Week Courses

REQ7255/Appellate Advocacy

Second-year students study a case pending before the United States Supreme Court, research selected issues, write an extensive appellate brief, and present oral arguments before a panel of judges.  Classes focus on the appellate process, complex research and analysis, preparation of briefs, critical writing skills, and oral argument.
 

Professor(s)

Semester

2015 Summer - 8 Week Courses

FAM7710/Estates

This course examines the statutory and judicial rules governing the gratuitous transfer of property. This includes transfers by gift, intestate succession, wills, trusts, and other non-probate mechanisms.

Professor(s)

Stephanie Willbanks

Semester

2015 Summer - 8 Week Courses

ENV5385.A/Global Food Security

This course addresses the legal landscape of global hunger, and the ways in which climate change, population growth and economic inequality intersect with food security law and policy challenges. First, we'll address how "food security" and "hunger" are defined and measured for policy-making purposes. Then, we'll explore international legal frameworks supporting food security and comparative domestic legal frameworks impacting food security, including Constitutional food rights, agriculture subsidies and tariffs, and public food and nutrition assistance programs.

Professor(s)

Semester

2015 Summer - 8 Week Courses

BUS6350.A/Nonprofit Management

An overview of management issues facing nonprofit organizations, including discussions and opportunities to network with guest speakers. There will be a strong emphasis on reviewing career development and job opportunities in the charitable sector.

Professor(s)

Semester

2015 Summer - 8 Week Courses

CLI9311/South Royalton Legal Clinic

Professor(s)

Semester

2015 Summer - 8 Week Courses