How can the environment be protected using legal means?  This course provides an examination of current legal techniques and institutions for environmental protection, with emphasis on statutory interpretation, rule making, licensing procedure and the roles of expert testimony and citizen participation in administrative, legislative and judicial processes.  The nature and function of legal rules, legislative intent, trials, administrative hearings, precedents, citizen suits, and environmental crimes will be examined with reference to their historical antecedents in common law theories of environmental protection, and remedies drawn from corporate, contract, and property law.  Constitutional authority and limitations on environmental regulation will be surveyed, with discussion of challenges to some environmental regulations as unconstitutional "takings."

Required texts:

M. Hamilton & G. Spiro, The Dynamics of Law, 4th ed. (2008)
S. Buck, Understanding Environmental Administration and Law, 3d ed. (2006).
Political Science Style Guide for Writing Papers (handout)

Course requirements:

There will be a book review, a research reference list, a research paper, a mid-term and a final exam.  Expect to get some practice doing library research and writing for this class.  Be prepared to discuss the readings on dates assigned.  I may ask you questions about the readings.  Class discussion is expected and will earn extra credit for otherwise borderline grades.  Learning is easier if you come to class.  If I have to be here, I expect you to be here, every day.  I notice repeated absences.

A final grade will be determined as follows:

   Book review                           200 points
   Term paper reference list         100 points
   Term paper                             300 points
   Mid-term exam                       200 points
   Final exam                              200 points
                             Total           1000 points = 100% of grade

A book review of approximately 4-5 "word processed" pages (double-spaced lines) is due before the research paper Reference List (see dates in Reading List below).  The book may be one item in the Reference List, and relevant portions of your review may be "recycled" in the term paper, if appropriate to the topic.  The book should be selected from an approved list distributed by the instructor.  In rare instances, another book you propose may be approved by the instructor.  The review should begin with a complete reference to the book, in correct Reference List form (see Style Guide), and should describe the major thesis of the book and its contribution to our understanding of the subject.  In other words, what did you learn from it that you didn't already know?

A Reference List of at least ten sources which may be used in the research paper must be submitted to the instructor in correct citation form (using instructions and examples in the Political Science Style Guide for Writing Papers), demonstrating sufficient library research has been done to find required materials.  Include a sample parenthetical reference (author year, page) for each one.  Start soon and come to me early with any difficulties locating sources, so you'll have plenty of time to complete the paper.  Scholarly books, journal articles and government documents are preferred over news articles or popular news magazines.

No more than one-third of the references may be interviews, news articles or Internet sources.  Articles from encyclopedias, Editorial Research Reports or other "digests" are unacceptable.  Use the Style Guide for correct citation form.  No other style of citation is acceptable for this class.  Be meticulous and take some pride in your work--it shows, and will be rewarded.

When you learn to do research, you learn to teach yourself--a skill that will be valuable for life. You also get practice writing, something everybody needs.  The research paper will afford an opportunity for an in-depth investigation of an environmental problem in an area of your choice, such as acid rain, solid waste disposal, or another.  The objective is for you to prepare a case-study of how an environmental problem has been treated in some judicial, legislative or executive government process.  For example, you might investigate a specific court case, or how one environmental law was enacted, or how a regulation was prepared and issued.  I will expect to see your well-informed and carefully reasoned opinions about the result.  One-sided diatribes are not acceptable.  Thoughtful evaluations will be appreciated.

To earn a passing grade, the paper must be professional in appearance, approximately 15-20 typewritten pages (double-spaced) and must utilize (e.g., refer to it in the text using parenthetical reference form in Style Guide, p. 2, #9) at least ten references not in the assigned readings.  These references must be listed at the end of the paper, as described in the Style Guide p. 2, #10).  Consider:  Why is this in bold type?

All written assignments must be handed in to the instructor on paper on the date due.  Due to lack of reliability of the USM email utility, written assignments will NOT be accepted via email.  Due dates are listed with required readings and must be observed for all assignments.  Late papers will receive significantly lower grades (e.g., minus one letter grade per day late).  Handwritten papers are unacceptable.  It is expected that all written assignments will be free of typographical, grammatical, and spelling errors, consistent with University standards for English composition.  Early use of InterLibrary Loan is highly recommended.

You must sign up for a research paper topic subject to the instructor's approval by the second week of class--and stick with it to completion.  The Sturgeon General has determined that changing your topic part way through the semester can be harmful to your academic health.  More guidance for these assignments will be provided in class.

Class meetings will include a mixture of lecture and discussion.  It will be rewarding to keep up with the reading assignments.  Exams will be a mix of multiple-choice and essay questions, giving you some choice of which questions to answer.  Expect them to be challenging but reasonable.  Expect questions from the Style Guide.

Academic Support for Students with Disabilities

All students are welcome in this class, and reasonable accommodations will be cheerfully made.  Those who may need assistance due to a disability are encouraged to contact the Office of Academic Support for Students with Disabilities, in Luther Bonney 242.  Phone number:  780-4706; TTY:  780-4395.

A Note on Civility

Arriving late for class is rude and a distraction for your classmates and the instructor.  Likewise for talking in class to your neighbor while someone else is speaking, and if your cell phone rings during class.  These behaviors suggest one doesn't care about the class, the instructor, or one's fellow students--not a very clever message.  An ounce of courtesy is worth a ton of excuses.  Use a little common sense:  It's not very smart to irritate your class mates, or someone who must evaluate your performance for a grade, or might later write a letter of recommendation for you.  I write great letters.  Show respect for others, and they will respect you.

Required Readings

Week  Topic                                                           Assignment
1          Introduction     Listen....
            The Nature and Function of Law                  Read this Syllabus:  it helps.
                                                                               Hamilton, Ch. 1; Buck, Preface, Ch. 1
2          Environmentalism in the United States           Buck, Ch. 2.
                                                                               Read Political Science Style Guide
3          Policy Making Processes                             Buck, Ch. 3.

4          BOOK REVIEW DUE (Late papers receive lower grades....)
            Criminal Law, Civil Law & Adjudication     Hamilton, Ch. 2
5          Adversarial Trials & Alternatives                 Hamilton, Ch. 3, 9
6          Common Law & the Role of Precedents     Hamilton, Ch. 4
                                                                              Review Style Guide #10
7          REFERENCE LIST DUE
            Legal Concepts in Environmental Law         Buck, Ch. 4
            Lawmaking by Legislatures                         Hamilton, Ch. 5

8          MID-TERM (everything to date, including questions from Style Guide)

9          Interpretation of Statutes                              Hamilton, Ch. 6
            Interpreting the Constitution                         Hamilton, Ch. 7.  Plan to be here.
                                                                               Review Style Guide, #9, 10
10        NO CLASS:  Sleep in and be thankful...

11        RESEARCH PAPER DUE (Ask around:  Late papers really do receive lower grades...)
            Administrative Lawmaking & Adjudicat'n    Hamilton, Ch. 8; Buck, Ch. 5
12        Management Law for Public Resources       Buck, Ch. 6
13        Last day of class (sigh).
            International Environmental Law                  Buck, Ch. 7; Hamilton, Ch. 10

14        FINAL EXAM (everything to date):  Thursday, 1:30pm (note time difference); plan to
            be here, no exceptions.  Failure to attend the final exam period is grounds for
            failing the course.  Make your travel plans accordingly.