Curriculum Guide · Courses

Professor Schorr

J.D. Course 454 | 2 credit hours

Water law is a field with an ancient pedigree, as well as one of increasing contemporary salience. While the fluid nature of the resource makes its legal control difficult, its environmental, economic, strategic, and cultural importance, along with growing competition over its use, make such regulation essential. Moreover, the unique legal norms worked out over time for water have led to the growth of an extensive theoretical literature around it.

The course will examine major regimes for water allocation in U.S., foreign, and international law, focusing on the tensions between efficiency and equity considerations as well as those between economic development and environmental concerns. Topics to be covered include private, common and state property in water; markets in water; water as a human right; the relationship between water quality law and property rights in water; and the allocation of water to nature. Readings will include both positive law and samplings of the theoretical literature.

Prerequisite: Property. Recommended: Environmental Law.

Students may not receive credit for this course and International Law Seminar: Water Resources.

This course will meet for four weeks in Spring 2010 on the following days: 1/20, 1/22, 1/25, 1/27, 1/29, 2/1, 2/3, 2/5, 2/8, and 2/10. This class will also meet on Wednesday, February 3, 3:30 - 5:30 p.m. in McDonough 160.