JAMES R. RASBAND EDUCATION ACADEMIC APPOINTMENTS SELECTED PUBLICATIONS BOOKS AND BOOK CHAPTERS

Transcription

1 JAMES R. RASBAND 3889 N. Pebble Lane, Provo, UT M (801) W (801) james_rasband@byu.edu EDUCATION Harvard Law School, Cambridge, MA Juris Doctor, cum laude 1989 Harvard Law Review Editor Brigham Young University, Provo, UT B.A., magna cum laude 1986 Majors: English/Near Eastern Studies Phi Kappa Phi ACADEMIC APPOINTMENTS Brigham Young University Academic Vice President (May 2017 present) Associate Academic Vice President Faculty (Jan June 2009) J. Reuben Clark Law School, Brigham Young University Hugh W. Colton Professor of Law (Dec present) Dean (June 2009 May 2016) Associate Dean of Research and Academic Affairs (Apr Jan. 2008) Professor of Law (2001 present) Associate Professor of Law ( ) Courses: Public Lands & Natural Resources Law, Water Law, Wildlife Law International Environmental Law, Torts Murdoch University School of Law, Perth, Australia Visiting Professor (Jan. 2007) T.C. Beirne School of Law, University of Queensland, Brisbane, Australia Visiting Fellow (May July 2002) SELECTED PUBLICATIONS BOOKS AND BOOK CHAPTERS NATURAL RESOURCES LAW AND POLICY (3 rd ed. 2016) (with James Salzman, Mark Squillace & Sam Kalen). Inventorying the Public Lands: Why Naming And Labeling Matter in Natural Resources Law and

2 Management, in THE EVOLUTION OF NATURAL RESOURCES LAW AND POLICY (American Bar Ass n, 2010). NATURAL RESOURCES LAW AND POLICY (2d ed. 2009) (with James Salzman & Mark Squillace). Antiquities Act Monuments: The Elgin Marbles of Our Public Lands?, in THE ANTIQUITIES ACT: A CENTURY OF AMERICAN ARCHAEOLOGY, HISTORIC PRESERVATION, AND NATURE CONSERVATION (David Harmon, et al. eds., Tucson: University of Arizona Press) (2006). NATURAL RESOURCES LAW AND POLICY (Foundation Press 2004) (with James Salzman & Mark Squillace). Changes in Water Rights, in THE NATURAL RESOURCES LAW MANUAL 341 (Richard J. Fink ed. 1995) (with Roe, Charles B. Jr.). ARTICLES AND ESSAYS Speed Matters, 61 HOWARD L.J (with Kif Augustine-Adams and Candace Berrett) (2018). Stroke of the Pen, Law of the Land? 63 ROCKY MTN. MIN. L. INST (2017). A New Era in Public Land Policy? The Shift Toward Reacquisition of Land and Natural Resources, 53 ROCKY MTN. MIN. L. INST to (with Megan E. Garrett) (2007). Questioning the Rule of Capture Metaphor for Nineteenth Century Public Land Law: A Look at R.S. 2477, 35 ENVIRONMENTAL LAW (2005). Buying Back the West, 24 J. LAND, RESOURCES & ENVTL. L (2004). Priority, Probability, and Proximate Cause: Lessons from Tort Law about Imposing ESA Responsibility for Wildlife Harm on Water Users and Other Joint Habitat Modifiers, 33 ENVIRONMENTAL LAW (2003). The Rise of Urban Archipelagoes in the American West: A New Reservation Policy? 31 ENVIRONMENTAL LAW 1-93 (2001). Pen or Printer: Can Students Afford to Handwrite Their Exams?, 51 J. LEGAL EDUC (2001) (with Kif Augustine-Adams & Suzanne B. Hendrix). The Future of the Antiquities Act, 21 J. LAND, RESOURCES & ENVTL. L (2001). 2

3 Augmenting Stream Flows: How Useful Are Section 9 and Section 7 of the ESA?, 7 RIVERS (1999). Who s to Blame? Allocating Watershed Responsibilities Among Multiple Users, 45 ROCKY MTN. MIN. L. INST to (1999). The Public Trust Doctrine: A Tragedy of the Common Law, 77 TEXAS L. REV (1999) (reviewing OYSTER WARS AND THE PUBLIC TRUST: PROPERTY, LAW, AND ECOLOGY IN NEW JERSEY HISTORY by Bonnie J. McCay). Utah s Grand Staircase: The Right Path to Wilderness Preservation?, 70 U. COLO. L. REV (1999). Equitable Compensation for Public Trust Takings, 69 U. COLO. L. REV (1998). The Disregarded Common Parentage of the Equal Footing and Public Trust Doctrines, 32 LAND & WATER L. REV (1997). Note, Major Operational Decisions and Free Collective Bargaining: Eliminating the Mandatory/Permissive Distinction, 102 HARV. L. REV (1989). MISCELLANEOUS PUBLICATIONS Mastered by Our Discipleship, BYU SPEECHES (2018). Paired Aspirations, BYU SPEECHES (2017). Foreword, TO SEEK THE LAW OF THE LORD : ESSAYS IN HONOR OF JOHN W. WELCH 1-4 (2017). Law and Perspective, CLARK MEMORANDUM, 4-11 (Spring 2016). In Praise of Thinking Like a Lawyer, CLARK MEMORANDUM, 4-11 (Fall 2014). Faith to Forgive Grievous Harms: Accepting the Atonement as Restitution, CLARK MEMORANDUM, (Spring 2013). Unto Whom Much is Given, in LIFE IN THE LAW: RELIGIOUS CONVICTION (J. Reuben Clark Law School 2013) (reprinting Unto Whom Much Is Given, CLARK MEMORANDUM, (Spring 2010)). Unto Whom Much Is Given, CLARK MEMORANDUM, (Spring 2010). When Can Courts Compel Federal Agencies to Act to Protect the Public Lands? ABA 3

4 PREVIEW OF UNITED STATES SUPREME COURT CASES Are Sand and Gravel Really Valuable Minerals?, ABA PREVIEW OF UNITED STATES SUPREME COURT CASES Federal Regulation of Wetlands in the Aftermath of the Supreme Court s Decision in SWANCC v. United States, 128 JOURNAL OF HYDRAULIC ENGINEERING (2002) (with Gary E. Freeman). Was Lake Coeur d Alene Ever Really in Idaho?, ABA PREVIEW OF UNITED STATES SUPREME COURT CASES Whose Home on the Range? The Challenge to the Department of Interior s Reform of Grazing Regulations, ABA PREVIEW OF UNITED STATES SUPREME COURT CASES How Firm Are Indian Treaty Rights Guaranteed to Continue During the Pleasure of the President? Resolving Minnesota s Dispute with the Chippewa Indians over the Bands Hunting and Fishing Rights, ABA PREVIEW OF UNITED STATES SUPREME COURT CASES Must New York Share Ellis Island with New Jersey? The Resolution of a Longstanding Sovereign Boundary Dispute, ABA PREVIEW OF UNITED STATES SUPREME COURT CASES SELECTED PRESENTATIONS Debate Panelist, The 1906 Antiquities Act Meets Donald J. Trump!, 14 th Annual Tri-Stake Seminar of the Utah Chapter of the Federal Bar Ass n, Sept Debate Panelist, To Shrink or Not to Shrink: Presidential Authority Over National Monuments, 7 th Annual Carver Colloquium, University of Denver College of Law, Denver, CO Nov Speech, Paired Aspirations, Annual University Conference Address, Provo, UT, Aug Paper, Stroke of the Pen, Law of the Land? 63 rd Annual Institute of the Rocky Mountain Mineral Law Foundation, Santa Fe, NM Presentation, Religious Voices in the Public Square, BYU London Centre, London, England, Dec Presentation, Magna Carta, The Rule of Law, and Our Legal Heritage, BYU London Centre, London, England, Oct Presentation, A Brief History of Public Land Law and Policy: How Did We Get Here?, Annual 4

5 Meeting of Utah Association of Conservation Districts, Provo, UT, Aug Presentation, A Brief History of Public Land Law and Policy: How Did We Get Here?, Public Lands Summit, Las Vegas, NV, May 2016 Presentation, Affirming the Strength Brought to the Law by a Lawyer s Personal Religious Conviction, Annual Meeting of J. Reuben Clark Law Society, San Diego, CA, Feb Presentation, Affirming the Strength Brought to the Law by a Lawyer s Personal Religious Conviction, Annual Meeting of Canada J. Reuben Clark Law Society, Banff, Alberta, Canada, Oct Defending Religious Liberty across the Globe, Washington D.C. LDS Temple Visitors Center, Washington D.C., Jan Presentation, Religion, Stewardship and Resource Use, Wallace Stegner Center, Salt Lake City, UT, April Presentation, The New and Challenging Landscape for Legal Education, Utah State Bar, Salt Lake City, UT, June 28, Presentation, Wilderness and Its Discontents: The Latest Skirmish in the Long-running Battle over Wilderness on BLM Lands in Utah, Government and Politics Law Society Annual Conference, Provo, UT, March Presentation, Considering the Case for a Legal Education Bubble, J. Reuben Clark Law Society Annual Conference, Dallas, TX, February 17, Presentation, A New Era in Public Land Policy? The Shift Toward Reacquisition of Land and Natural Resources, Southern Utah University Convocation Address, Cedar City, UT, January Presentation, Second Thoughts about the Antiquities Act: Does the Process for Public Land Decisionmaking Have An Ethical Dimension? University of Colorado School of Law, Boulder, CO, June 4, Paper, A New Era in Public Land Policy? The Shift Toward Reacquisition of Land and Natural Resources, Rocky Mountain Mineral Law Foundation Annual Institute, Vancouver, B.C., Canada, July 20, Paper, What s In a Name? The Story of the Utah Wilderness Reinventory, University of Colorado School of Law, Boulder, CO, June 6,

6 Presentation, The Centennial of the Antiquities Act: A Cause for Celebration? University of Colorado School of Law, Boulder, CO, October 9, Paper, The Shift to Public Reacquisition of Natural Resources, University of Florida Law School's Capstone Environmental Colloquium, Gainesville, FL, March 30, Paper, Questioning the Rule of Capture Metaphor for Nineteenth Century Public Land Law: A Look at R.S. 2477, Lewis & Clark Law School, Portland, OR, April 8, Presentation, The Implications of Norton v. Southern Utah Wilderness Alliance for Public Lands Recreation, Tenth Circuit Judicial Conference, July 28, 2004, Park City, Utah. Presentation, R.S Litigation: Pitfalls and Promises, State of Utah, R.S Executive Committee, April 14, 2004, Salt Lake City, Utah. Paper, Who Provides the Habitat? Reckoning with the Perplexing Questions of Allocating ESA Responsibility for Harm Caused by Multiple Water Diverters or Land Users, Stanford Law School, Palo Alto, CA, February 3, Paper, The Changing Face of American Natural Resources Law: Implications for Australia, McInnes Wilson Lecture, Brisbane, Australia, June 12, Paper, Monument Making as Trophy Hunting, Conservation-Heritage-Law Symposium, Red Clay Conference, sponsored by the International Council on Monuments and Sites, Athens, GA, April 5, 2002 Paper, A New Approach to National Monuments? Eleventh Institute for Natural Resource Law Teachers, Estes Park, CO, Utah, June 3, Paper, The Future of the Antiquities Act, Wallace Stegner Center, Salt Lake City, Utah, Sept. 15, Paper, Who s to Blame? Allocating Watershed Responsibilities Among Multiple Users, Rocky Mountain Mineral Law Foundation Annual Institute, Monterey, California, July 24, Paper, The Public Trust Doctrine: A Background Principle of Sovereign Necessity?, American Association of Law Schools, Annual Meeting, New Orleans, Louisiana, January 8, Presentation, Recognizing Individual and Collective Address in the Scriptures, Snow College Institute Devotional, Ephraim, Utah, November 20, Presentation, An Introduction to the Legal Issues Surrounding the Utah Wilderness Debate and the Creation of the Grand Staircase Escalante National Monument, Sixteenth Annual 6

7 State and Local Government Law Conference, Provo, Utah, March 27, Presentation, Clams, Oysters, and Lots of Lawyers: Litigating Indian Treaty Fishing Rights in the Northwest, Natural Resources Law Forum, October 23, Presentation, The Challenge of Turning Water Wars into Resource Partnerships, Pacific Northwest Section of the American Water Works Association, Seattle, WA, May 5, UNIVERSITY SERVICE Academic Vice President May 2017 present Chair, Academic Vice President s Council May 2017 present Chair, University Dean s Council May 2017 present University Dean s Council June 2009 May 2016 Academic Vice President s Council Jan June 2009 Chair, University Faculty Council on Rank and Status Jan June 2009 Chair, University Faculty Development Council Jan June 2009 Chair, University Faculty Awards Committee Jan June 2009 Univ. Human Resources Council Jan Jun. 2009, May 2017 present Department Chair Coordinating Committee Jan June 2009 University Research Council Aug Aug LAW SCHOOL SERVICE Dean Jun May 2016 Faculty Appointments Committee, ex officio Jun May 2016 Development Committee Jun May 2016 Associate Dean of Research and Academic Affairs Apr Dec Chair, Co-Curricular Committee May 2004 Dec Chair, Technology Committee Apr Sept Advisor, Natural Resources Law Forum Sept Dec Advisor, Phi Alpha Delta Jan Dec Chair, Library Director Search Committee Apr Nov Law School Self-Study Committee Sept Mar Advisor, Law Review Aug Sept Chair, Variance Committee Aug Aug Chair, Clerkship Committee Sept Sept Sept Aug Dean Search Committee Aug Dec Clerkship Committee Sept Aug Sept Aug

8 Admissions Committee Sept Aug Library Policy Committee Jan Aug International Committee Sept Aug Advisor, Board of Advocates Sept Aug Chair, Awards and Honors Committee Sept Aug Faculty LawHelp Committee Sept Aug PROFESSIONAL SERVICE AND MEMBERSHIPS Fellow, American Bar Foundation (2016 present) Trustee, Rocky Mountain Mineral Law Foundation (1995 present) Chair, Membership Review Committee of Ass n of American Law Schools ( ) Member, Membership Review Committee of Ass n of American Law Schools ( ) Publisher, THE CLARK MEMORANDUM ( ) Ex Officio Member, American Law Institute ( ) Ex Officio Member, Utah State Bar Commission ( ) Ex Officio Member, Utah State Bar Admission Rules Committee ( ) Member, Executive Committee, J. Reuben Clark Law Society ( ) Board, Rocky Mountain Mineral Law Foundation ( ) Chair, Rocky Mountain Mineral Law Foundation Natural Resource Law Teachers Committee ( ) Governor s Appointee, Constitutional Defense Council ( ) Chair and Board Member, The Gathering Place ( ) Reviewer, Land Use and Environment Law Review ( ) Member, Bar of the Supreme Court of the United States (2010 present) Member, Washington State Bar (1995 to present; active law practice license) Member, American Bar Ass n, Section on Natural Resources, Energy and Environmental Law AWARDS AND HONORS Fellow, American Bar Foundation (2016 present) Teacher of the Year, Phi Alpha Delta (2004) First Year Class Teacher of the Year, J. Reuben Clark Law School, Student Bar Ass n (1996) LEGAL PRACTICE EXPERIENCE Perkins Coie, Seattle, WA (Oct to Jun. 1995) Associate (Admitted to Washington Bar in 1991) King County Prosecutor s Office, Bothell, WA (Jan to April 1993) Deputy Prosecutor (occasional assignments prosecuting misdemeanors) Honorable J. Clifford Wallace, San Diego, CA (Aug to Aug. 1990) 8

9 Law Clerk, U.S. Court of Appeals, Ninth Circuit 9