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ENVIRONMENTAL DRAFTING AND NEGOTIATION: PRINCIPLES AND PRACTICE

(LAW ****), Messrs. Cannon and Setear, Credits: 3.

Prerequisite: Administrative Law, or Environmental Law, or International Law, or Legislation.

This is a course about the tasks of lawyers representing clients in, or before, the legislative and executive branches of the US government, or representing national governments in an international treaty negotiation. Although focused on environmental problems and governmental processes, the course will develop skills that will be of general use in negotiating and resolving policy issues in complex institutional settings for either public or private clients.

Substantively, the course will examine two environmental problems in depth--one focused purely on US environmental policy (such as a possible re-authorization of the Clean Water Act) and one with a strongly international flavor (such as global warming). Procedurally, the course will emphasize simulations. We will conduct simulated congressional hearings, committee mark-ups, administrative rule-makings, and treaty negotiations. At each phase in each problem, you will need to tailor your drafted documents and bargaining positions to the interests of the particular client that you represent at that point in the simulations--whether that client is a governmental agency, an entire government, a private corporation, or a not-for-profit public-interest group.

Written requirements: Drafts of legal documents or policy-position memoranda in association with the various simulations.

Limited to 16 students.

This course falls under the Principles and Practice Offerings and under the International and National Security Law concentration.