272.32 sec. 001 - The Common Law of Climate Change (Fall 2020)
Instructor: Holly Doremus (view instructor's teaching evaluations - degree students only | profile)
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Grading Designation: Credit Only
Due to COVID-19, this class is remote for Fall 2020.
Mode of Instruction: Remote Instruction
W 07:00 AM - 07:50 AM
From August 19, 2020
To November 24, 2020
Course End: November 24, 2020
Class Number (1Ls): 34324
Enroll Limit: 11
As of: 12/07 09:41 AM
A core societal challenge of our time is reducing and responding to global climate change caused by the accumulation of anthropogenic greenhouse gas (GHG) emissions in the atmosphere. Climate change challenges the full range of societal institutions, including those of law. In the United States, there is as yet no comprehensive statutory framework for limiting GHG emissions or assigning responsibility for GHG-caused harms. This course will look at the role of the common law, the judge-made, primarily state-based doctrines that historically provided the earliest legal response to pollution, in GHG regulation and recovery for harm. We will cover the basics of climate change science; why climate change is a difficult problem for law to solve; the various tort (as opposed to statutory) theories that have been advanced; whether GHG tort cases belong in state or federal court, and why that matters; the evidence plaintiffs must produce; the remedies that may be available and how responsibility might be assigned; and why plaintiffs might choose to pursue lawsuits even if the chances of success are low.
This class is among the special Fall 2020 1L elective seminars designed to give entering 1Ls an extra opportunity to form connections despite our remote form of interaction. In light of that goal, these classes will expect real-time attendance and may not be recorded. These classes will all be graded on a Credit/No Credit basis and total written work requirement will be no more than 8 double-spaced pages.
This course is only open to 1Ls.
Exam Notes: (None) Class requires a series of papers, assignments, or presentations throughout the semester
Course Category: Environmental and Energy Law
This course is listed in the following sub-categories:
First Year Courses
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Instructor has indicated that no books will be assigned.