Course Catalog

With increasing frequency, cities and states are engaging in affirmative, plaintiff-side litigation. City and state initiated litigation, over the past decades, has resulted in some of the largest monetary judgments and settlement in U.S. history, including in the multistate tobacco litigation and the multi-jurisdiction opioid litigation. Cities and states also use affirmative litigation, often successfully, to push affirmative policy priorities--often against the federal government--in issue areas as diverse as climate change, civil rights, immigration, and others. This class will take a close look at city and state-initiated litigation, from both a doctrinal and theoretical perspective. The course will cover the authority and causes of action cities and states have to sue. Case studies examined will include major, headline-grabbing cases including opioid litigation, gun litigation, climate-change litigation, and litigation against presidential administrations of both parties. We will also, however, examine smaller-scale cases brought at a local level, particularly in the State of Michigan. Through it all, we will examine broader questions: when is it appropriate for a city or state to sue? Who are their "clients," and who do they represent? And when should litigation be initiated by governments as opposed to private plaintiffs?

• Type: Seminar

Every day with regard to the environment, decisions are made and actions are taken that disproportionately impact people of color, indigenous peoples, and the poor. Can we ever achieve environmental justice through the law? This course examines whether and how our legal system can address environmental racism and other forms of environmental injustice. After covering the history of the environmental justice movement as both a social and legal phenomenon, we will explore and assess the legal frameworks available to address environmental injustice. With regard to legal frameworks, we will spend most of our time on tort, civil rights, environmental-administrative, and land use & zoning. The environmental administrative framework will include pollution control laws (e.g. Clean Air Act, Clean Water Act), utility rate-setting, management of natural resources & public lands, and climate change. Apart from traditional legal materials, we will also read social science & public health scholarship, newspaper articles, history, philosophy, and literature.

• Type: Seminar

The Clinic, which was founded in 1983, teaches students to be effective advocates for the National Wildlife Federation, other environmental justice and conservation organizations, and local governments. The course has both a clinical and a classroom component. For clinical work, students participate in administrative and civil litigation, comment on proposed rules and permits, submit public records requests, and draft legislation. Topics include environmental justice, climate change, natural resources & wildlife management, pollution control, and utility regulation. In the classroom, the focus is on representing organizations, practicing in an administrative law framework, effective client counseling, improving research skills (including through the use of AI), and obtaining public records. Students must enroll concurrently in the 4-credit clinic and the 3-credit seminar. Credits count toward New York's pro bono requirement. There are no prerequisites or corequisites, but having taken courses that cover administrative or environmental law would certainly be helpful.

• Type: Clinic

The Clinic, which was founded in 1983, teaches students to be effective advocates for the National Wildlife Federation, other environmental justice and conservation organizations, and local governments. The course has both a clinical and a classroom component. For clinical work, students participate in administrative and civil litigation, comment on proposed rules and permits, submit public records requests, and draft legislation. Topics include environmental justice, climate change, natural resources & wildlife management, pollution control, and utility regulation. In the classroom, the focus is on representing organizations, practicing in an administrative law framework, effective client counseling, improving research skills (including through the use of AI), and obtaining public records. Students must enroll concurrently in the 4-credit clinic and the 3-credit seminar. Credits count toward New York's pro bono requirement. There are no prerequisites or corequisites, but having taken courses that cover administrative or environmental law would certainly be helpful.

• Type: Clinic

This course will examine how public international institutions use their legal instruments to address climate change. It will trace the history of the 1999 UN Framework Convention on Climate Change (UNFCCC) and its multiple successor agreements, culminating in the Paris Agreement of 2015 and its implementation. It will cover how other multilateral institutions have incorporated climate obligations into their agreements, including the Kigali Amendment to the Montreal Protocol, the UN International Civil Aviation Organization's CORSIA agreement, and the UN International Maritime Organization's measures for global shipping. Cross-cutting questions will include how the balances struck in the Paris Agreement informed these subsequent negotiations, how effective these agreements are, and their relevance today. The course will also consider how the global trading system (the World Trade Organization (WTO) and FTAs) is grappling with addressing climate change. It will conclude with consideration of recent climate litigation in international courts, including major advisory opinions from the International Court of Justice and others. Course requirements include active class participation, reflection papers, and a final paper. There are no prerequisites, however some familiarity with international law and/or environmental law is strongly encouraged.

• Type: Upper Class

Public Lands and Natural Resources Law studies the expansive body of federal and state constitutional provisions, statutes, rules, customs, and processes governing the ways individuals; corporations; and federal, state, and local governments interact with federal public lands, state lands, private lands, water, air, wildlife, minerals, and other natural resources. In this course, we will study: (1) the history and status of U.S. federal public lands and the past and present conflicts governing those lands; (2) the laws and regulations governing national parks, national monuments, national forests, grazing lands, energy resources, wildlife, and other natural resources; and (3) ownership interests and rights relating to public and private lands and resources. In addition, the course will help students gain an appreciation of our relationship with the natural environment from cultural, historical, and economic perspectives in addition to a legal perspective.

• Type: Upper Class