Native American Law

This course is designed to provide an overview of the use of international law in solving transnational environmental problems and shaping international behavior. We examine, as background, the nature and limitations of international law as a force for change. The course will then explore customary law, the relationship between soft and hard law, enforcement of international law, implementation mechanisms, and the effectiveness of multilateral environmental agreements. Special attention is given to existing international environmental law frameworks addressing climate change, Arctic and Antarctic development, ozone depletion, biological diversity, forest loss, export of toxic chemicals, and the host of issues raised by the 1992 United Nations Conference on the Environment and Development and subsequent environmental fora. Students will also consider the interface between international environmental law and other important international forces such as the Bretton Woods institutions, human rights frameworks, and international development entities. Students will be evaluated on the quality of their classroom comments and several analytical problem sets given during the term. Students will also be asked to complete a major research project examining the effectiveness of a treaty or a proposed international environmental legal arrangement.

Climate change is one of the biggest and most difficult challenges faced by contemporary societies. The challenge has multiple facets: environmental, social, political, economic – each with its own complexities. This course focuses primarily on the social, political and economic components of the climate problem, framed by the concept of climate justice. In the course students are introduced to basic conceptions of justice, the latest findings of climate science and possible impacts on regional scales, and the global politics of climate change, principally in the context of the UN Framework Convention on Climate Change. Climate justice and its operationalization is the principal organizing theme for work over the term, addressing questions such as: how the costs of climate change impacts and efforts to address climate change could or should be distributed between rich and poor, global north and global south; and what are the possible means whereby those costs might be addressed through collective action at various levels: local, national, and global. Students will be evaluated based on regular quizzes, several short papers, class participation, and a final synthetic paper or project.

The fear of the “hidden” enemy that lurks behind the curtain, controlling events from the shadows, is a narrative topos that continually seems to raise its conspiratorial head in all kinds of spaces and venues: from politics to pop culture, movies, novels, music, political speeches, etc. Yet, there is also evidence to suggest that widespread acceptance of these conspiracy “theories” has the potential to cultivate and propagate inherently antidemocratic, divisive, and dangerous beliefs. Those who posit the existence of conspiracies, or at least certain ones, are often dismissed outright as irrational, without any consideration made as to the substance of their claims. Belief in conspiracies, or at least certain ones, is taken as a sign of faulty logic or reason. Yet, despite this, conspiratorial explanations of various phenomenon actually have a long and vibrant history of popular acceptance in US political culture (as well as in other parts of the world). Some have gone so far as to suggest that narratives of conspiracy, as alternative or resistant explanatory frames, are actually a necessary component of democratic political life. After all we know that conspiracies, political and otherwise, have existed in the past, and may exist again in the future. How do we make sense of this tension? If conspiracy theory as a mode of explanation is inherently “irrational,” what does this mean for its enduring presence in our political discourse? Is the only difference between a “reasonable” claim rooted in fear and what we consider the paranoid ramblings of “kooks” and “nutjobs” simply a matter of which one is “correct?” Is there a silver bullet theory or magic wand that would allow us to differentiate the supposed good from the bad? Is the very act of labeling something a conspiracy theory itself a form of political hegemony? Even if conspiracies might exist, is it better to live in a world in which we assume they don’t? What do we actually mean by conspiracy theory in the first place? This seminar will explore a variety of topics related directly to how threats of conspiracy become manifest in public discourse. Readings will focus on secondary research that examines the role of conspiracy theories in political and social life, both in the United States and abroad. We will also supplement this with primary “artifacts” such as pamphlets, social media postings, videos, speeches, etc. Along the way we will also use this as an opportunity to reflect on what inter and trans disciplinary research actually looks like. The study of conspiracy narratives is an ideal example that helps us think about how different fields attempt to make sense of a phenomenon. We will survey, compare, and attempt to synthesize research from a wide range of fields, disciplines and methodologies including those from historians, anthropologists, political scientists, legal scholars, literary critics, psychologists, and others. This is an advanced seminar and students should expect to encounter readings that are rooted in disciplinary perspectives they are not familiar with. Students will need to adapt to shifting perspectives in order to both the various texts in conversation with each other. Evaluation will be based on in-class discussion as well as individual student writing assignments. Students will produce several short length essay assignments during the term as well as a longer research paper at the end of the term. Weekly lab sessions will be used for screenings of primary material and students may also be responsible for at least one primary source presentation during these sessions. This class is open to students of all interests regardless of their experience with politics, government, or social theory.

This introductory class in constitutional law will have one fundamental objective: understanding the current and historical role of the US Supreme Court in the recognition of civil and associated rights. The rights we will examine will include reproductive rights, freedom of speech in both the general and academic contexts, marriage equality, the rights of individuals in the transgender community, and racial equality. In order to understand these specific issues of Supreme Court doctrine, the class will begin with a review of how our courts function, how the doctrine of judicial review developed, and how to read and understand decisions of the Supreme Court. The question looming over the course will be whether the Supreme Court is a distinctive legal institution, an anti-democratic policy making body, or both – and whether this question can be resolved independent of our views on the underlying issues. The course will conclude with a “moot court” exercise in which students will play the role of either Supreme Court justices or lawyers appearing before the Supreme Court. The topic of the exercise will be drawn from a case or cases currently pending before the Supreme Court.

Assessment will be based on evidence that the student has completed assignments and readings, meaningful participation in seminar discussions, the preparation and presentation to the class of a summary of a judicial opinion under discussion, two short quizzes, and performance in the moot court exercise.

This course provides an overview of environmental law and the role of law in shaping environmental policy. We examine, as background, the nature and scope of environmental, energy, and resource problems and evaluate the various legal mechanisms available to address those problems. The course attempts to have students critically analyze the role of law in setting and implementing environmental policy. We explore traditional common law remedies, procedural statutes such as the National Environmental Policy Act, intricate regulatory schemes, and market-based strategies that have been adopted to control pollution and protect natural resources. Students are exposed to a wide range of environmental law problems in order to appreciate both the advantages and limitations of law in this context. Special attention is given to policy debates currently underway and the use of the legal process to foster the development of a sustainable society in the United States. Students are required to complete four problem sets in which they apply legal principles to a given fact scenario.

This course provides students with an overview of the American conservation movement from the 1600s through the present. Through an examination of historical accounts and contemporary analysis, students develop an understanding of the issues, places, value conflicts, and people who have shaped conservation and environmental policy in the United States. They also gain an appreciation for the relationship between the conservation movement and other social and political movements. Students should come away with a sense of the historical and cultural context of American attitudes toward nature. We also seek to apply these lessons to policy debates currently underway in Maine. Working from original writings, students do in-depth research on a selected historical figure. Evaluation is based on problem sets, group activities, participation, and a final paper.