Syllabus

L644 Energy Law and Policy

Wednesdays 6:00-8:00 PM, Law 215

Instructor: Dr. Kenneth Richards

Office: SPEA Rm. 410

Telephone: 855-5971

Email:  kenricha@indiana.edu

Office Hours: MW 11:00-12:30

Website: http://classwebs.spea.indiana.edu/kenricha/

Introduction

Welcome to the field of energy law.  Consider this description of the field, provided by our colleagues at Cornell University Law School:

For most of American history, the federal government did not play an active role in the energy industries. (This history is often explained by the widespread belief in the unlimited supply of energy.) During the Great Depression and into the years of WWII, the federal government began to establish a fragmented regulatory framework, with many agencies participating. Furthermore, the Manhattan Project to develop nuclear weapons initiated the era of nuclear regulation. However, the energy crises of the 1970s forced the federal government to consolidate its scattered regulatory framework that had developed piecemeal in the previous decades. With the creation of the Department of Energy (http://www.energy.gov/) in 1977, a national energy plan emerged for the first time. The stated purpose of federal energy laws and regulations is to provide affordable energy by sustaining competitive markets, while protecting the economic, environmental, and security interests of the United States.

(from http://www.law.cornell.edu/wex/index.php/Energy#energy_law:_an_overview)

Energy law has a complex history from which is born our current system of regulations and common law.  As much as any field of law, energy law requires an understanding that weaves together economics, public policy with a vast range of other legal fields.  In this sense, energy law is truly a stew.  Let’s enjoy it.

Course Objectives

We have several objectives in this course.

• To introduce you to the basic concepts of energy law and policy, including principles of economics. 

• To help you gain insight into both the theory and practice of energy law.

• To provide an overview of the state and federal institutions and organizations that are central to the functioning of energy markets.

• To provide you with the opportunity to research an area of energy law and policy that particularly interests you.

• To provide you with experience in the complexities of implementing energy policies.

• To prepare you for the type of legal and policy analysis required in both the government and private sectors.   

• To introduce you to some of the key players in the field of energy law in Indiana

• To have fun learning together.

Student Responsibilities

This is a seminar.  I will assume that you are all highly motivated and interested in exploring the field of energy law.  As such, we have to be able to count on each other to be prepared for class.  This means that we each need to complete the reading assignments and review the study questions before class.  It also means that you have to be prepared to participate in the class discussions and exercises.  And most importantly, it means that class attendance is essential.

You will also be responsible for completing a professional research paper on a topic of your choice, subject to our mutual agreement.  

Readings and Materials

The textbook is central to the course:

Fred Bosselman, Joel Eisen, Jim Rossi, David Spence, and Jacqueline Weaver, Energy, Economics and the Environment: Cases and Materials, Second Ed., 2006, Foundation Press.

I may also require supplemental readings.  If so, I will post these to the class website.

Class paper

This is a research and writing course.  You will choose a topic related to energy law.  As early in the semester as possible, send me a note describing your proposed topic.  Include a one-page outline of your paper and a preliminary list of at least five papers/cases that you will cite.  

During the course of the semester I will offer to review revised outlines and drafts of the paper.  The dates listed in our class calendar will help guide you toward a reasonable rate for moving through the milestones on your paper.  If you turn in materials consistent with those milestones, I guarantee that I will respond.  If you miss those milestones, I can only offer to do my best to provide you feedback.

I am not a Blue Book expert, so I will not be particularly critical of the details of your citation formats.  It is enough to adopt a consistent and transparent format, whether you draw from the style of the law journal or that of economics, law or one of the other social sciences.  I do, however, require that all materials you use be clearly cited so that I can identify and locate them.  I expect you to adhere to academic standards when you are quoting short passages or excerpting longer passages. 

I also expect that whichever format you use, your writing will be clear and well-edited.  Pay attention to mechanics (e.g., spelling and grammar).  Your logic should flow smoothly, building coherent arguments.  Be sure to include in the introduction of your paper both a clear statement of the purpose and a thesis statement.  No reader should have to struggle to understand the writer’s intent.

Course Grades

Your grade will be based on a combination of your paper (80 percent) and your attendance and participation in classroom discussions and exercises (20 percent).

Academic Misconduct

I will not tolerate academic misconduct.  The Indiana University Code of Student Rights, Responsibilities and Conduct, Section III A discusses student academic misconduct. You can find this information on the website at http://dsa.indiana.edu/Code/index1.html. You are also governed by the law school's Academic Regulations (http://www.law.indiana.edu/curriculum/acadregs.pdf). Any student found cheating will receive a failing grade for the course and will be reported to the Dean of Student Affairs.  Other sanctions are possible.   On average, I have had to fail one student per semester for the past several semesters due to academic misconduct.  I hate doing this.  

Class Schedule and Assignments

The class schedule should be considered flexible, subject to change as I learn more about your interests and the speed with which we can move through the material.  The following will help you plan your readings and schedule times for the assignments and exams, but should not be considered fixed.

October 3	Topic: Introduction to Electricity: Shocking!
	Reading Assignment:	Text, Chapter 10
	Study Questions