Education:
Harvard Law School, J.D. 1989 (cum laude)
Editor: Harvard Law Review
Brigham Young University, B.A. 1986 (magna cum laude)
Experience:
Brigham Young University
Associate Academic Vice President for Faculty, 2008-present
J. Reuben Clark Law School, Brigham Young University
Professor of Law, 1995-present
Associate Dean of Research & Academic Affairs, 2004-2007
Murdoch University School of Law, Perth, Australia
Visiting Professor, 2007
T.C. Beirne School of Law, University of Queensland, Brisbane, Australia
Visting Fellow, 2002
Perkins Coie, Seattle, WA
Associate, 1990-1995 (Admitted to Washington Bar in 1991)
Honorable J. Clifford Wallace, San Diego, CA
Law Clerk, U.S. Court of Appeals, Ninth Circuit, 1989-1990
Principal Research Interests:
Public land law and policy, public trust doctrine, Endangered Species Act, Antiquities Act
Classes Taught:
Water Law, Torts, Natural Resources Law, International Environmental Law, Wildlife Law
SSRN Author Page
Books and Book Chapters
What's In a Name? The Story of the Utah Wilderness Reinventory, in THE EVOLUTION OF NATURAL RESOURCES LAW AND POLICY (2007).
TEACHER’S MANUAL: NATURAL RESOURCES LAW AND POLICY (Foundation Press 2006) (with James Salzman & Mark Squillace).
Antiquities Act Monuments: The Elgin Marbles of Our Public Lands?, in THE ANTIQUITIES ACT: A CENTURY OF AMERICAN ARCHAELOGY, HISTORIC PRESERVATION, AND NATURE CONSERVATION 159-75 (David Harmon, et al. eds. 2006, Tucson: University of Arizona Press).
NATURAL RESOURCES LAW AND POLICY (Foundation Press 2004) (with James Salzman & Mark Squillace).
Changes in Water Rights, in THE NATURAL RESOURCES LAW MANUAL with Charles B. Roe, Jr., 341 (Richard J. Fink ed. 1995).
Selected Articles and Essays
A New Era in Public Land Policy? The Shift Toward Reacquisition of Land and Natural Resources, with Megan E. Garrett, 53 ROCKY MTN. MIN. L. INST. 11-1 (2007).
Questioning the Rule of Capture Metaphor for Nineteenth Century Public Land Law: A Look at R.S. 2477, 35 ENVIRONMENTAL LAW 1005-47 (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).
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.
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, with Gary E. Freeman, 128 J. HYDRAULIC ENGINEERING 806-10 (2002).
Singular and Plural Address in the Scriptures, 41 BYU STUDIES 41-46 (2002).
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?, with Kif Augustine-Adams & Suzanne B. Hendrix, 51 J. LEGAL EDUC. 118 (2001).
The Future of the Antiquities Act, 21 J. LAND, RESOURCES & ENVTL. L. 619-34 (2001).
Was Lake Coeur d’Alene Ever Really in Idaho?, 2000-2001 ABA PREVIEW OF UNITED STATES SUPREME COURT CASES 380-85.
Augmenting Stream Flows: How Useful Are Section 9 and Section 7 of the ESA?, 7 RIVERS 49-55 (1999).
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.
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).
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.
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).
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.
Note, Major Operational Decisions and Free Collective Bargaining: Eliminating the Mandatory/Permissive Distinction, 102 HARV. L. REV. 1971 (1989).
Miscellaneous Presentations
The Centennial of the Antiquities Act: A Cause for Celebration?, University of Colorado School of Law, Boulder, CO, October 9, 2006.
The Shift to Public Reacquisition of Natural Resources, University of Florida Law School's Capstone Environmental Colloquium, Gainesville, FL, March 30, 2006.
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.
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.
The Changing Face of American Natural Resources Law: Implications for Australia, McInnes Wilson Lecture, Brisbane, Australia, June 12, 2002.
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.
A New Approach to National Monuments?, Eleventh Institute for Natural Resource Law Teachers, Estes Park, CO, Utah, June 3, 2001.
The Future of the Antiquities Act, Wallace Stegner Center, Salt Lake City, Utah, Sept. 15, 2000.
Who’s to Blame? Allocating Watershed Responsibilities Among Multiple Users, Rocky Mountain Mineral Law Foundation Annual Institute, Monterey, California, July 24, 1999.
The Public Trust Doctrine: A Background Principle of Sovereign Necessity?, American Association of Law Schools, Annual Meeting, New Orleans, Louisiana, January 8, 1999.
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.
Clams, Oysters, and Lots of Lawyers: Litigating Indian Treaty Fishing Rights in the Northwest, Natural Resources Law Forum, October 23, 1997.
The Challenge of Turning Water Wars into Resource Partnerships, Pacific Northwest Section of the American Water Works Association, Seattle, WA, May 5, 1993.
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