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Hari M. Osofsky

Professor of Law; Faculty Director, Energy Transition Lab; Director, Joint Degree Program in Law, Science, and Technology

Hari Osofsky

338 Mondale Hall
229–19th Ave. South
Minneapolis, MN 55455

612-625-1038

hosofsky@umn.edu

Yale College, B.A.
Yale Law School, J.D.
University of Oregon, Ph.D.

Professor Hari M. Osofsky is a Professor of Law; the 2014-15 Julius E. Davis Chair in Law; the Faculty Director of the Energy Transition Lab; and the Director of the Joint Degree Program in Law, Science, and Technology at the University of Minnesota Law School. She also is on the faculty of the Conservation Biology Graduate Program, an adjunct professor in the Department of Geography, Environment and Society, and a Fellow with the Institute on the Environment.

Osofsky's over fifty publications focus on improving governance and addressing injustice in energy and climate change regulation. Her scholarship includes books with Cambridge University Press on climate change litigation, textbooks on both energy and climate change law, and articles in leading law and geography journals. Osofsky's article on governance and the BP Deepwater Horizon oil spill was selected for inclusion in Land Use and Environment Law Review's annual compilation of the top land use and environmental law articles, and she has been awarded the Daniel B. Luten Award for the best paper by a professional geographer by the Energy and Environment Specialty Group of the Association of American Geographers.

Osofsky is actively involved in public policy work on energy transition and climate change through the Energy Transition Lab and her teaching. She has supervised course contributions to the American Wind Energy Association, Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, Earthjustice, Great Plains Institute, Hennepin County, Twin Cities Met Council, Minnesota Pollution Control Agency, Minnesota Public Utilities Commission, the National Regulatory Research Institute, Northwest Arctic Borough, the Phillips Community, the Southern Environmental Law Center, the University of Minnesota, and the Western Environmental Law Center. She also assisted with the Inuit Circumpolar Conference's petition on climate change to the Inter-American Commission on Human Rights.

Her professional leadership roles have included, among others, serving as President of the Association for Law, Property, and Society; chair of the American Association of Law School's Section on Property; and a member of the Executive Council of the American Society of International Law and the International Law Association's Committee on the Legal Principles of Climate Change. She also is a member of the Board of Governors of the Society of American Law Teachers, the International Bar Association's Model Statute on Climate Change Remedies Working Group, and the editorial board of Climate Law.

Osofsky received a B.A. and a J.D. from Yale University, and a Ph.D. in Geography from the University of Oregon. At Yale Law School, she received the Felix S. Cohen Prize and Khosla Memorial Fund Prize, and also served as Book Reviews Editor for the Yale Law Journal, Co-Founder and Co-Editor-in-Chief of the Yale Human Rights and Development Law Journal, and Director of the Lowenstein International Human Rights Project. After clerking for Judge Dorothy Nelson of the Ninth Circuit Court of Appeals, she worked as a Fellow at Center for the Law in the Public Interest in Los Angeles, pursuing public interest impact litigation with a focus on environmental justice. During the 2001-02 academic year, she served as a Yale-China Legal Education Fellow and Visiting Scholar at Zhongshan University in Guangzhou, China, teaching U.S. Civil Rights Law and working collaboratively with her Chinese colleagues to launch the school's first legal clinic. Prior to coming to the University of Minnesota Law School, Osofsky taught at Washington and Lee University School of Law, University of Oregon School of Law, and Whittier Law School.

For further information on Professor Osofsky, please consult her curriculum vitae.

 

COURSES

PUBLICATIONS

Books

  • Climate Change Litigation: Regulatory Pathways to Cleaner Energy (Cambridge University Press, 2015) (with Jacqueline Peel)

  • Energy Law and Policy (West Academic Publishing, 2015) (with Lincoln L. Davies, Alexandra Klass, Joseph P. Tomain & Elizabeth Wilson)

  • Climate Change Law and Policy (Aspen Elective Series) (Wolters Kluwer Law & Business, 2012) (with Lesley K. McAllister)

  • Adjudicating Climate Change: State, National, and International Approaches (Cambridge University Press, 2009) (co-editor) (with William C.G. Burns)

Book Chapters

  • Complexities of Addressing the Impacts of Climate Change on Indigenous Peoples through International Law Petitions: A Case Study of the Inuit Petition to the Inter-American Commission on Human Rights, in Climate Change and Indigenous Peoples: The Search for Legal Remedies 313 (Randall S. Abate & Elizabeth Ann Kronk, eds., Edward Elgar Publishing, 2013)

  • Climate Change and Dispute Resolution Processes, in International Law in the Era of Climate Change 350 (Rosemary Rayfuse & Shirley V. Scott, eds., Edward Elgar, 2012)

  • Suburban Climate Change Efforts in Minnesota: Implications for Multi-Level Mitigation Strategies, in Local Climate Change Law: Environmental Regulation in Cities and Other Localities 105 (Benjamin J. Richardson, ed., Edward Elgar Publishing, 2012)

  • Technology Transfer and Climate Change, in Sustainable Technology Transfer: A Guide to Global Aid & Trade Development 177 (Hans Henrik Lidgard, Jeffery Atik & Tu Thanh Nguyen, eds., Aspen Publishers, 2012)

  • The Creation of the International Law of Climate Change: Complexities of Sub-State Actors, in Non-State Actors, Soft Law and Protective Regimes: From the Margins 179 (Cecilia M. Bailliet, ed., Cambridge University Press, 2012)

  • The Right to Frozen Water: The Institutional Spaces for Supranational Climate Change Petitions, in Progress in International Law 749 (Russell A. Miller & Rebecca M. Bratspies, eds., Martinus Nijhoff, 2008)

Journal Articles

  • Rethinking the Geography of Local Climate Action: Multi-Level Network Participation in Metropolitan Regions, Utah Law Review (forthcoming 2015)

  • Sue to Adapt?, Minnesota Law Review (forthcoming) (with Jacqueline Peel)

  • Complex Value Choices at the Environment-Energy Interface, 3 Michigan Journal of Environmental & Administrative Law 261 (2014)

  • Hybrid Energy Governance, 2014 University of Illinois Law Review 1 (2014) (with Hannah J. Wiseman)

  • The Geography of Solving Global Environmental Problems: Reflections on Polycentric Efforts to Address Climate Change, 58 New York Law School Law Review 777 (2013-2014)

  • Climate Change Litigation's Regulatory Pathways: A Comparative Analysis of the United States and Australia, 35 Law & Policy 150 (2013) (with Jacqueline Peel)

  • Dynamic Energy Federalism, 72 Maryland Law Review 773 (2013) (with Hannah J. Wiseman)

  • Litigation's Regulatory Pathways and the Administrative State: Lessons from U.S. and Australian Climate Change Governance, 25 Georgetown International Environmental Law Review 207 (2013) (with Jacqueline Peel)

  • The Role of Litigation in Multilevel Climate Change Governance: Possibilities for a Lower Carbon Future?, 30 Environmental and Planning Law Journal 303 (2013) (with Jacqueline Peel)

  • Environmental Justice and the BP Deepwater Horizon Oil Spill, 20 New York University Environmental Law Journal 99 (2012) (with Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares, Amy Pikovsky, Andrew Whitney & Laura Wilson)

  • Litigation's Role in the Path of U.S. Federal Climate Change Regulation: Implications of AEP v. Connecticut, 46 Valparaiso University Law Review 447 (2012)

  • Suburban Climate Change Efforts: Possibilities for Small and Nimble Cities Participating in State, Regional, National, and International Networks, 22 Cornell Journal of Law and Public Policy 395 (2012)

  • Climate Change and Crises of International Law: Possibilities for Geographic Reenvisioning, 44 Case Western Reserve Journal of International Law 423 (2011)

  • Diagonal Federalism and Climate Change: Implications for the Obama Administration, 62 Alabama Law Review 237 (2011) (winner of the Association of American Geographers' Climate Specialty Group's Student Paper Competition) (article)

  • Multidimensional Governance and the BP Deepwater Horizon Oil Spill, 63 Florida Law Review 1077 (2011)

  • The Role of Climate Change Litigation in Establishing the Scale of Energy Regulation, 101 Annals of the Association of American Geographers 775 (2011) (accepted through peer review process for special issue on Energy)

  • Climate Change and Environmental Justice: Reflections on Litigation over Oil Extraction and Rights Violations in Nigeria, 1 Journal of Human Rights and the Environment 189 (2010) (solicited; accepted through peer review process) (essay)

  • Multiscalar Governance and Climate Change: Reflections on the Role of States and Cities at Copenhagen, 25 Maryland Journal of International Law 64 (2010) (symposium essay)

  • The Continuing Importance of Climate Change Litigation, 1 Climate Law 3 (2010) (solicited; accepted through peer review process as lead article of inaugural journal issue) (essay)

  • The Future of Environmental Law and Complexities of Scale: Federalism Experiments with Climate Change under the Clean Air Act, 32 Washington University Journal of Law and Policy 79 (2010) (symposium essay)

  • Is Climate Change "International"?: Litigation's Diagonal Regulatory Role, 49 Virginia Journal of International Law 585 (2009) (article)

  • Scaling "Local": The Implications of Greenhouse Gas Regulation in San Bernardino County, 30 Michigan Journal of International Law 689 (2009) (symposium essay)

  • The Geography of Climate Change Litigation Part II: Narratives of Massachusetts v. EPA, 8 Chicago Journal of International Law 573 (2008) (awarded the Daniel B. Luten Award for the best paper by a professional geographer by the Energy and Environment Specialty Group of the Association of American Geographers) (selected for the AALS-ASIL 2007 Joint Conference on International Law, Works-in-Progress Session) (article)

  • The Geography of Justice Wormholes: Dilemmas from Property and Criminal Law, 53 Villanova Law Review 117 (2008) (article)

  • The Scale of Networks: Local Climate Change Coalitions, 8 Chicago Journal of International Law 409 (2008) (essay) (with Janet Koven Levit)

  • A Law and Geography Perspective on the New Haven School, 32 Yale Journal of International Law 421 (2007) (selected for Yale Journal of International Law Young Scholars Conference) (essay)

  • Climate Change Litigation as Pluralist Legal Dialogue?, 26A Stanford Environmental Law Journal & 43A Stanford Journal of International Law 181 (2007) (joint issue) (selected for Stanford Climate Symposium) (runner-up for Land Use and Environment Law Review's compilation of the top land use and environmental law articles of 2007) (article)

  • Local Approaches to Transnational Corporate Responsibility: Mapping the Role of Subnational Climate Change Litigation, 20 Pacific McGeorge Global Business & Development Law Journal 143 (2007) (symposium essay)

  • The Intersection of Scale, Science, and Law in Massachusetts v. EPA, 9 Oregon Review of International Law 233 (2007) (symposium essay), reprinted in Adjudicating Climate Change: State, National, and International Approaches (William C.G. Burns & Hari M. Osofsky, eds., Cambridge University Press, 2009)

  • The Inuit Petition as a Bridge?: Beyond Dialectics of Climate Change and Indigenous Peoples' Rights, 31 American Indian Law Review 675 (2007) (symposium essay), reprinted in Adjudicating Climate Change: State, National, and International Approaches (William C.G. Burns & Hari M. Osofsky, eds., Cambridge University Press, 2009)

  • The Geography of the CEC's Citizen Submissions Process: Mapping the State-Corporate Regulatory Dynamic, 14 Michigan State Journal of International Law 463 (2006) (symposium essay)

  • Learning from Environmental Justice: A New Model for International Environmental Rights, 24 Stanford Environmental Law Journal 71 (2005) (article), reprinted in Human Rights and the Environment 219 (Dinah L. Shelton, ed., Edward Elgar Publishing, 2011)

  • The Geography of Climate Change Litigation: Implications for Transnational Regulatory Governance, 83 Washington University Law Quarterly 1789 (2005) (runner-up for Land Use and Environment Law Review's compilation of the top land use and environmental law articles of 2006) (article)

  • Defining Sustainable Development After Earth Summit 2002, 26 Loyola of Los Angeles International and Comparative Law Review 111 (2003) (essay)

  • Domesticating International Criminal Law: Bringing Human Rights Violators to Justice, 107 Yale Law Journal 191 (1997) (note), reprinted in Jurisdiction in International Law (W. Michael Reisman, ed., Ashgate/Dartmouth, 1999)

  • Environmental Human Rights Under the Alien Tort Statute: Redress for Indigenous Victims of Multinational Corporations, 20 Suffolk Transnational Law Review 335 (1997) (student publication)

  • Foreign Sovereign Immunity from Severe Human Rights Violations: New Directions for Common Law Based Approaches, 11 New York International Law Review 35 (1997) (student publication)

Book Reviews

  • Book Review, 106 American Journal of International Law 715 (2012) (reviewing The Oxford Handbook of International Environmental Law (Daniel Bodansky, Jutta Brunnee & Ellen Hey, eds., Oxford University Press, 2007))

Edited Symposia & Journals

  • Environmental Rights, 2:11 Human Rights Dialogue (Spring 2004) (co-editor) (with Joanne Bauer)

Editorials, Commentary & Letters

  • A Win for Oregon as Well as the Law, The Oregonian, April 5, 2007 (op-ed)

  • Katrina Disaster Exposes Environmental Injustice, The Register Guard, Sept. 7, 2005 (op-ed)

  • On-Site Reflections of China's Hong Kong Takeover, The Times Picayune, July 17, 1997 at B-7 (op-ed)

Other Publications

  • Blogger, IntLawGrrls (2007-Present)

  • Introduction: Envisioning Legal and Policy Pathways for Energy Innovation, 15 Minnesota Journal of Law, Science & Technology 287 (2014)

  • The Complexities of Multipolar Approaches to Climate Change: Lessons from Litigation and Local Action, 107 Proceedings of the American Society of International Law 73 (2013)

  • Keith Aoki--Darth Remainder, Duck, and Ninja for Social Justice: A Model of Being There for People in Moments of Vulnerability, 45 U.C. Davis Law Review 1699 (2012)

  • The Geography of "Moo Ha Ha": A Tribute to Keith Aoki's Role in Developing Critical Legal Geography, 90 Oregon Law Review 1233 (2012)

  • AEP v. Connecticut's Implications for the Future of Climate Change Litigation, 121 Yale Law Journal Online 101 (2011)

  • An Introduction: International Law in a Time of Change, 104 Proceedings of the American Society of International Law 1 (2010) (with K. Russell LaMotte & Allen S. Weiner)

  • ASIL Annual Dinner: Reflections on Change in International Law, 104 Proceedings of the American Society of International Law 505 (2010) (remarks)

  • Climate Change Legislation in Context, 102 Northwestern University Law Review Colloquy 245 (2008)

  • Introduction, 9 Oregon Review of International Law 225 (2007) (Symposium on Complexities of Scale: The Role of the Subnational in International Law)

  • The Intersection of Scale, Science, and Law in Massachusetts v. EPA, 101 Proceedings of the American Society of International Law 61 (2007)

  • Transporting Climate Change: The Environmental Rights Implications of Local Choices, 10 Next American City 32 (Spring 2006)

  • Popular Sovereignty, Geography, and Public Participation in Environmental Decision-Making in China, 24 Temple Journal of Science, Technology & Environmental Law 225 (2005) (commentary on Chang Jiwen, How to Harmonize Community Autonomy and Administrative Responsibility in Environmental Decision-Making: Environmental Hearing Institutions in Wuhan, 24 Temple Journal of Science, Technology & Environmental Law 229 (2005))

  • Symposium Introduction: The Boundaries of International Law, 26 Whittier Law Review 997 (2005) (with William J. Aceves)

  • Environmental Rights Enforcement in U.S. Courts, 2:11 Human Rights Dialogue 30 (Spring 2004)

  • Understanding "Hostage Diplomacy": The Release of Wei Jingsheng and Wang Dan, 1 Yale Human Rights & Development Law Journal 143 (1998) (New Development)