James R. Rasband

Brigham Young University Academic Vice President; Hugh W. Colton Professor of Law

Professor Rasband joined the Law School faculty in 1995. Prior to entering academia, he served as a law clerk to Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit and practiced law at Perkins Coie in Seattle, Washington, where his practice focused on Indian treaty litigation. He served as dean of the J. Reuben Clark Law School from 2009 - 2016. Prior to his appointment as dean, he served as the Associate Academic Vice President for Faculty in the university administration and also as the Associate Dean for Research and Academic Affairs at the Law School.

Professor Rasband’s research and teaching has centered on public land and natural resources law and policy. He has published many articles and book chapters on these subjects and is coauthor, along with James Salzman at Duke University and Mark Squillace at the University of Colorado, of Natural Resources Law and Policy, an important casebook in the field. He has taught courses in water law, wildlife law, public lands and natural resources law, torts, and international environmental law. He has also taught as a visiting professor at Murdoch University School of Law in Perth, Australia, and as a visiting fellow at T. C. Beirne School of Law, University of Queensland in Brisbane, Australia.

Courses Taught

  • International Environmental Law
  • Natural Resources Law
  • Torts
  • Water Law
  • Wildlife Law
  • Torts I
  • Torts II
  • Topics in Public Natural Resources Law
  • Public Land & Natural Resources Law
  • Environmental Law and Policy Seminar
  • Professional Seminar
  • Public Land Law

Education

  • J.D., Harvard Law School, 1989
  • B.A., Brigham Young University, 1986

Publications

  • Books and Book Chapters
  • Natural Resources Law and Policy, (3d ed., 2016) (with James Salzman, Mark Squillace & Sam Kalen).
  • Unto Whom Much is Given, in Life in the law: Religious Conviction 39 (2013). [SSRN]
  • Inventorying the Public Lands: Why Naming and Labeling Matter in Natural Resources Law and Management, in The Evolution of Natural Resources Law and Policy 230 (Lawrence John Macdonnell & Sarah F. Bates eds., 2010).
  • Natural Resources Law and Policy, (2d ed., 2009) (with James Salzman & Mark Squillace).
  • What's In a Name? The Story of the Utah Wilderness Reinventory, in The Evolution of Natural Resources Law and Policy (2007).
  • Natural Resources Law and Policy, Teacher’s Manual, (2006) (with James Salzman & Mark Squillace).
  • Antiquities Act Monuments: The Elgin Marbles of Our Public Lands? , in The Antiquities Act: A Century of American Archeology, Historic Preservation, and Nature Conservation.
  • Natural Resources Law and Policy, (2004) (with James Salzman & Mark Squillace).
  • “Changes” in Water Rights, in The Natural Resources Law Manual 341 (Richard J. Fink ed., 1995) (with Charles B. Roe, Jr.).
  • Selected Articles and Essays
  • Speed Matters, 61 How. L.J 239 (2018) (with Kif Augustine-Adams & Candace Berrett).. [SSRN]
  • Stroke of the Pen, Law of the Land?,, 63 Rocky Mtn. Min. L. Inst. 21-1 (2017). [SSRN]
  • A New Era in Public Land Policy? The Shift Toward Reacquisition of Land and Natural Resources, 53 Rocky Mtn. Min. L. Inst. 11-1 (2007) (with Megan E. Garrett). [SSRN]
  • Questioning the Rule of Capture Metaphor for Nineteenth Century Public Land Law: A Look at R.S. 2477, 35 Envtl. L. 1005 (2005). [SSRN]
  • Buying Back the West, 24 J. Land, Resources & Envtl. L. 179 (2004).
  • Are Sand and Gravel Really "Valuable Minerals"?, 2003-2004 A.B.A. Preview of U.S. Sup. Ct. Cases 195 (2004).
  • When Can Courts Compel Federal Agencies to Act to Protect the Public Lands?, 2003-2004 A.B.A. Preview of U.S. Sup. Ct. Cases 348 (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 Envtl. L. 595 (2003). [SSRN]
  • 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 Envtl. L. 595 (2003). [SSRN]
  • Singular and Plural Address in the Scriptures, 41 BYU Stud. 41 (2002).
  • Federal Regulation of Wetlands in the Aftermath of the Supreme Court's Decision in SWANCC v. United States, 128 J. Hydraulic Engineering 806 (2002) (with Gary E. Freeman).
  • Pen or Printer: Can Students Afford to Handwrite Their Exams?, 51 J. Legal Educ. 118 (2001) (with Kif Augustine-Adams & Suzanne B. Hendrix). [SSRN]
  • The Future of the Antiquities Act, 21 J. Land Resources & Envtl. L. 619 (2001). [SSRN]
  • The Rise of Urban Archipelagoes in the American West: A New Reservation Policy?, 31 Envtl. L. 1 (2001). [SSRN]
  • Was Lake Coeur d’Alene Ever Really in Idaho?, 2000-2001 ABA Preview of U.S. Sup. Ct. Cases 380 (2001).
  • Whose Home on the Range? The Challenge to the Department of Interior’s Reform of Grazing Regulations, 1999-2000 ABA Preview of U.S. Sup. Ct. Cases 244 (2000).
  • Augmenting Stream Flows: How Useful Are Section 9 and Section 7 of the ESA?, 7 Rivers 49 (1999).
  • Utah's Grand Staircase: The Right Path to Wilderness Preservation?, 70 U. Colo. L. Rev. 483 (1999). [SSRN]
  • Who's to Blame? Allocating Watershed Responsibilities Among Multiple Users, 45 Rocky Mtn. Min. L. Inst. 24-1 (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 A.B.A. Preview of U.S. Sup. Ct. Cases 149 (1998).
  • Equitable Compensation for Public Trust Takings, 69 U. Colo. L. Rev. 331 (1998). [SSRN]
  • Must New York Share Ellis Island with New Jersey? The Resolution of a Longstanding Sovereign Boundary Dispute, 1997-1998 A.B.A. Preview of United States Supreme Court Cases 245 (1997).
  • The Disregarded Common Parentage of the Equal Footing and Public Trust Doctrines, 32 Land & Water L. Rev. 1 (1997). [SSRN]