JAMES R. RASBAND 3889 N. Pebble Lane, Provo, UT 84604 M (801) 400-5393 W (801) 422-3394 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 J. Reuben Clark Law School, Brigham Young University Hugh W. Colton Professor of Law (Dec. 2007 present) Dean (June 2009 May 2016) Associate Dean of Research and Academic Affairs (Apr. 2004 Jan. 2008) Professor of Law (2001 present) Associate Professor of Law (1995 2001) Courses: Public Lands & Natural Resources Law, Water Law, Wildlife Law International Environmental Law, Torts Brigham Young University Associate Academic Vice President Faculty (Jan. 2008 June 2009) 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
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 159 75 (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 Can President Trump Undo President Obama s Public Land Legacy? 63 ROCKY MTN. MIN. L. INST. (forthcoming 2017). Speed Matters (with Kif Augustine-Adams and Candace Berrett) (submitted) A New Era in Public Land Policy? The Shift Toward Reacquisition of Land and Natural Resources, 53 ROCKY MTN. MIN. L. INST. 11-1 to 11-63 (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 1005-1047 (2005). Buying Back the West, 24 J. LAND, RESOURCES & ENVTL. L. 179-86 (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 595-656 (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. 118-29 (2001) (with Kif Augustine-Adams & Suzanne B. Hendrix). The Future of the Antiquities Act, 21 J. LAND, RESOURCES & ENVTL. L. 619-34 (2001). 2
Augmenting Stream Flows: How Useful Are Section 9 and Section 7 of the ESA?, 7 RIVERS 49-55 (1999). Who s to Blame? Allocating Watershed Responsibilities Among Multiple Users, 45 ROCKY MTN. MIN. L. INST. 24-1 to 24-36 (1999). The Public Trust Doctrine: A Tragedy of the Common Law, 77 TEXAS L. REV. 1335-60 (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. 483-562 (1999). Equitable Compensation for Public Trust Takings, 69 U. COLO. L. REV. 331-405 (1998). The Disregarded Common Parentage of the Equal Footing and Public Trust Doctrines, 32 LAND & WATER L. REV. 1-88 (1997). Note, Major Operational Decisions and Free Collective Bargaining: Eliminating the Mandatory/Permissive Distinction, 102 HARV. L. REV. 1971 (1989). MISCELLANEOUS PUBLICATIONS Foreword, TO SEEK THE LAW OF THE LORD : ESSAYS IN HONOR OF JOHN W. WELCH 1-4 (forthcoming 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, 22-29 (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, 26-33 (Spring 2010)). Unto Whom Much Is Given, CLARK MEMORANDUM, 26-33 (Spring 2010). When Can Courts Compel Federal Agencies to Act to Protect the Public Lands? 2003-2004 ABA PREVIEW OF UNITED STATES SUPREME COURT CASES 348-55. 3
Are Sand and Gravel Really Valuable Minerals?, 2003-2004 ABA PREVIEW OF UNITED STATES SUPREME COURT CASES 195-200. Federal Regulation of Wetlands in the Aftermath of the Supreme Court s Decision in SWANCC v. United States, 128 JOURNAL OF HYDRAULIC ENGINEERING 806-10 (2002) (with Gary E. Freeman). Was Lake Coeur d Alene Ever Really in Idaho?, 2000-2001 ABA PREVIEW OF UNITED STATES SUPREME COURT CASES 380-85. Whose Home on the Range? The Challenge to the Department of Interior s Reform of Grazing Regulations, 1999-2000 ABA PREVIEW OF UNITED STATES SUPREME COURT CASES 244-50. 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, 1998-1999 ABA PREVIEW OF UNITED STATES SUPREME COURT CASES 149-55. Must New York Share Ellis Island with New Jersey? The Resolution of a Longstanding Sovereign Boundary Dispute, 1997-1998 ABA PREVIEW OF UNITED STATES SUPREME COURT CASES 245-51. SELECTED PRESENTATIONS Presentation, Religious Voices in the Public Square, BYU London Centre, London, England, Dec. 2016. Presentation, Magna Carta, The Rule of Law, and Our Legal Heritage, BYU London Centre, London, England, Oct. 2016. Presentation, A Brief History of Public Land Law and Policy: How Did We Get Here?, Annual Meeting of Utah Association of Conservation Districts, Provo, UT, Aug. 2016 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. 2016. 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. 2015. Defending Religious Liberty across the Globe, Washington D.C. LDS Temple Visitors Center, Washington D.C., Jan. 2014. 4
Presentation, Religion, Stewardship and Resource Use, Wallace Stegner Center, Salt Lake City, UT, April 2013. Presentation, The New and Challenging Landscape for Legal Education, Utah State Bar, Salt Lake City, UT, June 28, 2011. 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 2011. Presentation, Considering the Case for a Legal Education Bubble, J. Reuben Clark Law Society Annual Conference, Dallas, TX, February 17, 2011. 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 2011. 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, 2010. 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, 2007. Paper, What s In a Name? The Story of the Utah Wilderness Reinventory, University of Colorado School of Law, Boulder, CO, June 6, 2007. Presentation, The Centennial of the Antiquities Act: A Cause for Celebration? University of Colorado School of Law, Boulder, CO, October 9, 2006. Paper, The Shift to Public Reacquisition of Natural Resources, University of Florida Law School's Capstone Environmental Colloquium, Gainesville, FL, March 30, 2006. 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, 2005. 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. 2477 Litigation: Pitfalls and Promises, State of Utah, R.S. 2477 Executive 5
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, 2003. Paper, The Changing Face of American Natural Resources Law: Implications for Australia, McInnes Wilson Lecture, Brisbane, Australia, June 12, 2002. 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, 2001. Paper, The Future of the Antiquities Act, Wallace Stegner Center, Salt Lake City, Utah, Sept. 15, 2000. Paper, Who s to Blame? Allocating Watershed Responsibilities Among Multiple Users, Rocky Mountain Mineral Law Foundation Annual Institute, Monterey, California, July 24, 1999. Paper, The Public Trust Doctrine: A Background Principle of Sovereign Necessity?, American Association of Law Schools, Annual Meeting, New Orleans, Louisiana, January 8, 1999. Presentation, Recognizing Individual and Collective Address in the Scriptures, Snow College Institute Devotional, Ephraim, Utah, November 20, 1998. Presentation, An Introduction to the Legal Issues Surrounding the Utah Wilderness Debate and the Creation of the Grand Staircase Escalante National Monument, Sixteenth Annual State and Local Government Law Conference, Provo, Utah, March 27, 1998. Presentation, Clams, Oysters, and Lots of Lawyers: Litigating Indian Treaty Fishing Rights in the Northwest, Natural Resources Law Forum, October 23, 1997. Presentation, The Challenge of Turning Water Wars into Resource Partnerships, Pacific Northwest Section of the American Water Works Association, Seattle, WA, May 5, 1993. UNIVERSITY SERVICE University Dean s Council June 2009 May 2016 Academic Vice President s Council Jan. 2008 June 2009 6
Chair, University Faculty Council on Rank and Status Jan. 2008 June 2009 Chair, University Faculty Development Council Jan. 2008 June 2009 Chair, University Faculty Awards Committee Jan. 2008 June 2009 University Human Resources Council Jan. 2008 June 2009 Department Chair Coordinating Committee Jan. 2008 June 2009 University Research Council Aug. 2005 Aug. 2007 LAW SCHOOL SERVICE Dean Jun. 2009 May 2016 Faculty Appointments Committee, ex officio Jun. 2009 May 2016 Development Committee Jun. 2009 May 2016 Associate Dean of Research and Academic Affairs Apr. 2004 Dec. 2007 Chair, Co-Curricular Committee May 2004 Dec. 2007 Chair, Technology Committee Apr. 2004 Sept. 2006 Advisor, Natural Resources Law Forum Sept. 1995 Dec. 2007 Advisor, Phi Alpha Delta Jan. 2002 Dec. 2005 Chair, Library Director Search Committee Apr. 2005 Nov. 2005 Law School Self-Study Committee Sept. 2004 Mar. 2005 Advisor, Law Review Aug. 2003 Sept. 2004 Chair, Variance Committee Aug. 2002 Aug. 2004 Chair, Clerkship Committee Sept. 2003 Sept. 2004 Sept. 1998 Aug. 2002 Dean Search Committee Aug. 2003 Dec. 2003 Clerkship Committee Sept. 2002 Aug. 2003 Sept. 1996 Aug. 1998 Admissions Committee Sept. 1998 Aug. 2002 Library Policy Committee Jan. 2000 Aug. 2002 International Committee Sept. 1997 Aug. 1999 Advisor, Board of Advocates Sept. 1997 Aug. 1999 Chair, Awards and Honors Committee Sept. 1995 Aug. 1998 Faculty LawHelp Committee Sept. 1995 Aug. 1997 PROFESSIONAL SERVICE AND MEMBERSHIPS Chair, Membership Review Committee of Ass n of American Law Schools (2015 present) Member, Membership Review Committee of Ass n of American Law Schools (2013 present) Fellow, American Bar Foundation (2016 present) Trustee, Rocky Mountain Mineral Law Foundation (1995 present) Publisher, THE CLARK MEMORANDUM (2009 2016) Ex Officio Member, American Law Institute (2009 2016) 7
Ex Officio Member, Utah State Bar Commission (2009 2016) Ex Officio Member, Utah State Bar Admission Rules Committee (2009 2016) Member, Executive Committee, J. Reuben Clark Law Society (2009 2016) Board, Rocky Mountain Mineral Law Foundation (2011 2013) Chair, Rocky Mountain Mineral Law Foundation Natural Resource Law Teachers Committee (2004 2006) Governor s Appointee, Constitutional Defense Council (2003 2008) Chair and Board Member, The Gathering Place (1997 2002) Reviewer, Land Use and Environment Law Review (2007 2008) 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. 1990 to Jun. 1995) Associate (Admitted to Washington Bar in 1991) King County Prosecutor s Office, Bothell, WA (Jan. 1993 to April 1993) Deputy Prosecutor (occasional assignments prosecuting misdemeanors) Honorable J. Clifford Wallace, San Diego, CA (Aug. 1989 to Aug. 1990) Law Clerk, U.S. Court of Appeals, Ninth Circuit 8