Coastal Law and Policy Research Guide

Prepared by
Andrea G. Coffman
Ocean and Coastal Law Librarian
John E. Jaqua Law Library
University of Oregon
acoffman@uoregon.edu

for
Law 607: Coastal Law, Fall 2007, Professor Richard Hildreth

Last updated: October 18, 2007


Introduction

Professor Hildreth's coastal law course covers U.S. federal and state judicial and legislative protection of public beach access rights; ownership and use of tide and submerged lands, including the public trust doctrine and the federal and state navigation servitudes; federal and state protection of wetlands; and the federal Coastal Zone Management Act. This research guide aims to help students in the class locate resources on these topics.

Note: The guide focuses on print and electronic resources available to law students through the UO Libraries. Oregon State University students enrolled in the class should ask about availability of these resources through OSU Libraries.

The UO Libraries

The University of Oregon Libraries home page, http://libweb.uoregon.edu/, is the point of entry for information about the UO's libraries and collections, electronic resources, and library services. You can follow links from the home page to access the online catalog, electronic databases and indexes, and electronic journals and reference sources.

John E. Jaqua Law Library, http://lawlibrary.uoregon.edu/

The Reference Desk, http://lawlibrary.uoregon.edu/reference.html, 346-1654, is located on the main (second) floor of the law library. The reference librarians assist patrons with questions about United States law, the law of foreign jurisdictions, and international law. They can also help with using the UO library's online catalog and the many electronic resources available through the catalog. Staff at the Checkout/Information Desk, on the main floor, 346-3088, can assist you with using the microform reader/printer machines and will retrieve materials from the "Law Storage" location (usually at the time of request).

The Ocean and Coastal Law Center Collection, http://oceanlaw.uoregon.edu/library/library.html, is on the law library's third floor. Andrea Coffman, Ocean and Coastal Law Librarian, acoffman@uoregon.edu, 346-1567, is available during her regularly scheduled hours at the reference desk and at other times in her office (room 385) in the ocean and coastal collection.

Knight Library, http://libweb.uoregon.edu/knight/

The university's main library, named the Knight Library, houses the Document Center, http://libweb.uoregon.edu/govdocs/, 346-3070, a collection of publications from the governments of the United States, the European Union, Canada, Great Britain, the State of Oregon, and cities and counties in Oregon. The Document Center acquires the official records of the United Nations and the European Union and selected documents from these agencies as well as a variety of other international organizations.

Located in the Document Center is the Map & Aerial Photography (MAP) Library, http://libweb.uoregon.edu/map/, 346-3051, which contains maps, atlases, and aerial photographs from around the world.

Science Library, http://libweb.uoregon.edu/scilib/

The Science Library, 346-3075, is a UO branch library with books and journals covering a wide variety of scientific disciplines, including marine and environmental sciences.

Online Catalogs

UO Libraries Catalog

The UO Libraries catalog is searchable on the web at http://janus.uoregon.edu/search/X. The holdings of all UO campus libraries, including the John E. Jaqua Law Library, are included. Another way to get to the catalog is by way of the link appearing on the Law Library's home page at http://lawlibrary.uoregon.edu/.

Summit

Summit, the Orbis Cascade Alliance union catalog, http://summit.orbiscascade.org/, is a consolidated, merged catalog of holdings from member libraries currently numbering thirty-four public and private institutions of higher education in Oregon and Washington, including the UO. You can request books from any library in the Orbis Cascade Alliance by using Summit. Note: you should first check to see if the item is available at any of the UO campus libraries. There is a link to Summit from the UO Libraries home page at http://libweb.uoregon.edu/. In addition, you can do "pass-through" searches by first searching for an item in the UO Libraries catalog and then clicking on the button that says "Repeat in Summit."

WorldCat

Searching WorldCat, a worldwide union catalog containing millions of bibliographic records, is an excellent means of identifying books, web resources, journals, audiovisual materials, and other items that may not necessarily be held by UO or other Orbis Cascade libraries. A link for WorldCat appears on the UO Libraries home page at http://libweb.uoregon.edu/.

You can search these catalogs by keyword, title, author, and subject. The limit feature allows you to narrow your search to books published in a specified year or range of years, in a specified language, and so on.

Interlibrary Loan

If you need a book that is not available from the UO Libraries or via Summit, you can use WorldCat to request a loan copy from another library. You also can obtain copies of journal articles not available at UO by using UO's automated interlibrary loan service. See http://libweb.uoregon.edu/borrowing/otherlibs.html for information and online request forms.

Subject Headings

The online catalogs described above use Library of Congress (LC) subject headings. There are many possible subject headings to use when searching for coastal law and policy materials, including Coastal ecology, Coastal zone management, Coastal zone management--Law and legislation, Coasts--Government policy, Estuarine area conservation, Estuarine ecology, Shore protection, and Wetland conservation. For additional relevant subject headings, follow the many cross references given in the online catalogs or consult Library of Congress Subject Headings, Z695.L695, at the Law Library reference desk.

Location Codes

To find a book or other item in the UO libraries, you need to know both its location and call number. In the UO Libraries catalog, an item's location code appears in front of the call number. You can click on the location code to learn where to find that particular location. To view a listing of all location codes and their descriptions, go to http://libweb.uoregon.edu/acs_svc/pub.html?highlight=location%20codes.

Some Law Library locations:
LAW LIB: general stacks, 3rd and 4th floors
LAW MF: microform collection, 2d floor
LAW OCEAN: Ocean & Coastal Law Collection, 3rd floor
LAW READ: Reading Room (collection of frequently used materials), 2d floor
LAW REF: stacks behind reference desk, 2d floor
LAW RESV: open reserve room, 2d floor
LAW STORAGE: library basement (go to checkout desk to request these items; retrieval usually possible at time of request)

Each campus library has a set of location codes. If you are searching for state, federal, and international law documents, you are very likely to see various location codes for the Knight Library Document Center (e.g., DOC-OR, DOC-US, DOC-LC, DOCS REF). The Document Center provides a useful floor plan keyed to location codes at http://libweb.uoregon.edu/govdocs/docsmap.html.

Call Numbers

Library of Congress call numbers arrange books by subject area and jurisdiction. General law is classed in K; U.S. law in KF; Oregon Law in KFO. You'll also find coastal-related items in other call number ranges, e.g., coastal zone management in HT, estuarine area conservation in QH, shore protection in TC, and so on. For more details, see the Library of Congress Classification Outline at http://www.loc.gov/catdir/cpso/lcco/lcco.html.

You may need to find documents in the Knight Library Document Center that are arranged by U.S. Superintendent of Documents numbers. Documents librarians will assist you in locating these materials.

Electronic Resources

UO Libraries' Resources

The UO Libraries home page, http://libweb.uoregon.edu/, is the primary gateway to a wide variety of electronic databases, indexes, journals, and reference works. Many of these electronic resources are restricted by licensing agreements to use by UO students, faculty, and staff.

To use those electronic resources for which you are an eligible user, you need to use a UO computer or your laptop connected to the Internet via the law or UO networks. If you want to access these resources from a home computer using a non-UO Internet Service Provider, you will need to authenticate (identify) yourself as being affiliated with the UO by using the UO library's proxy server. Please refer to Off-Campus Access to Electronic Resources, http://libweb.uoregon.edu/dbs/proxy/, for instructions.

A convenient way of accessing law-related online databases and indexes is to use the links on the Law Library's web page at http://lawlibrary.uoregon.edu/main.html. You also can go to http://metalib.uoregon.edu:8331/V?func=meta-1 and select "Law" from the list of categories. To browse databases by name in an A-Z list, go to http://libweb.uoregon.edu/dbs/indexes.php.

LexisNexis and Westlaw

UO law students have LexisNexis ID numbers and Westlaw passwords for educational purposes. The web sites for law students' use are http://www.lexisnexis.com/lawschool/ (LexisNexis) and http://lawschool.westlaw.com/ (Westlaw); both are linked from the Law Library's web page at http://lawlibrary.uoregon.edu/main.html. For assistance, ask a reference librarian or a LexisNexis or Westlaw student representative. You may also call Customer Service (LexisNexis 1-800-455-3947; Westlaw 1-800-WESTLAW or 1-800-REF-ATTY).

Non-law UO students and faculty are authorized to use the LexisNexis Academic and LexisNexis Congressional databases at http://libweb.uoregon.edu/dbs/lexis-permission.html (again, for educational purposes). Coverage in these databases does not correspond exactly with that of the law school version of LexisNexis.

The Internet

Information found on the Internet can be very useful, but you are cautioned to critically evaluate the reliability and currency of the sources being consulted. U.S. federal, state, and local governmental agencies; intergovernmental organizations; citizens groups; non-profit organizations; and universities are increasingly making documents available on the Web.

You will find links to useful Web sites in this research guide as well as on the Ocean and Coastal Law Center's page of "Relevant Links" at http://oceanlaw.uoregon.edu/links/links.html. Additional sites can be located via any number of web search engines. See "Searching the Web" at http://libweb.uoregon.edu/guides/searchweb/.

Research Guides

Leah F. Chanin, ed., Specialized Legal Research, 1987- with updates. LAW REF KF240.S69 1987. Chapter 6, "Environmental Law and Land Use Planning" includes annotated references to several publications relevant to coastal law.

Morris L. Cohen, Robert C. Berring, and Kent C. Olson, How to Find the Law, 9th ed., 1989. LAW RSRV and LAW REF KF240.C538 1989.

Roy M. Mersky and Donald J. Dunn. Fundamentals of Legal Research, 8th ed., 2002. LAW REF KF240.J32 2002. Includes good coverage of federal and state law.

Cheryl Nyberg, Research Guide for U.S. Ocean and Coastal Law, updated November 6, 2000, Marian Gould Gallagher Law Library, University of Washington, available at http://lib.law.washington.edu/ref/ocean.htm.

Bibliographies

Marine Affairs Bibliography: A Comprehensive Index to Marine Law and Policy Literature, 1980-1992, LAW OCEAN Z6464.M2 W54. Quarterly issues replaced by annual cumulations.

Christian L. Wiktor and Leslie A. Foster, comps., Marine Affairs Bibliography: A Comprehensive Index to Marine Law and Policy Literature Cumulation, 1980-1985, LAW OCEAN Z6464.M2 W55 1987. A cumulation of v. 1-6 of the quarterly issues along with some additional entries from before 1980 and some entries for 1985.

James C. F. Wang, Ocean Politics and Law: An Annotated Bibliography, 1991, LAW OCEAN Z6464.M2 W36 1991. Selective listing of interdisciplinary works, including a few on coastal management and offshore resources.

"Bibliography of Books and Periodical Articles on Marine and Coastal Law," published in each quarterly issue of The International Journal of Marine and Coastal Law, 1986 to date, LAW LIB K9.N674. Listing of recently published books and articles arranged under broad subject categories. Beginning in 2001, the bibliographies cover only periodical articles.

Recent Articles in Marine Legal Affairs, 1995 to date, http://oceanlaw.uoregon.edu/library/articles/art.html. Quarterly current awareness publication of the Ocean and Coastal Law Center Collection, compiled by Andrea G. Coffman.

Reference Sources

Maritime Affairs: A World Handbook, 2d ed. 1991. LAW OCEAN JX4408.D44 1991. A handy guide to information on a wide range of topics, including a chapter on the coastal zone.

UN Atlas of the Oceans, available online at http://www.oceansatlas.com/index.jsp. An information system designed for use by policy makers, scientists, students, and resource managers.

Random House Atlas of the Oceans, 1994. LAW OCEAN G2800.R35 1991

Times Atlas and Encyclopaedia of the Sea, 2d ed., 1989. LAW OCEAN xG2800.T5 1989 (x indicates oversize shelf)

Green Globe Yearbook: An Independent Publication on Environment and Development from the Fridtjof Nansen Institute, Norway, most recent edition at SCI REF HC79.E5 G68.

The Federal Web Locator, http://www.lib.auburn.edu/madd/docs/fedloc.html. Very comprehensive listing of U.S. government web sites.

The United States Government Manual, LAW REF JK421.A3. Also available on the Web at http://www.gpoaccess.gov/gmanual/index.html. Brief descriptions of federal agencies with departmental addresses.

Databases and Indexes

Unless otherwise noted, all electronic databases and indexes included in the list below are available to UO faculty and students from anywhere on campus or from home. Other persons may access these databases only if using a terminal at one of the UO libraries. OSU students enrolled in Professor Hildreth's coastal law class should check for availability of these databases through OSU Libraries.

TIP: Use OneSearch to search multiple indexes and databases simultaneously through a simple interface. Select databases in categories such as Environmental Studies, Law, and Sciences.

Current Index to Legal Periodicals. Weekly list of new articles arranged by subject, followed by Tables of Contents listings. Current 6 months kept in 3-ring binder at LAW READ KF8.C87. Also in Westlaw.

Index to Legal Periodicals Full Text. Covers 1982 to present. Available online via UO Libraries web site.

Index to Legal Periodicals Retrospective. Covers 1908-1981. Available online via UO Libraries web site.

LegalTrac. Index to English-language legal periodicals, 1980 to date. Available online via UO Libraries web site; user must be in the Knight Law Center or at a designated terminal in the Law Library. Current Law Index is the print equivalent, LAW READ KF8.C8.

Legal Resource Index. Covers 1980 to date. Available to UO law students via LexisNexis and Westlaw.

Dissertation Abstracts. Indexes and abstracts dissertations from North America and Europe. Includes options for ordering copies of the dissertations for a fee. You also can use the citation you find to search for the dissertation in the UO Libraries catalog or to request a loan copy from another library. Available online via the UO Libraries web site.

Aquatic Sciences and Fisheries Abstracts (ASFA). Indexes and abstracts journals, books, reports, and conference proceedings on all aspects of marine, freshwater, and brackish environments, 1971 to date. Available online via the UO Libraries web site.

Geobase. An index covering worldwide literature in geography, ecology, and related disciplines, 1980 to date. Available online via the UO Libraries web site.

GeoRef. Database of international scope covering earth science literature, 1785 to date for North American records and 1933 to date for world records. Available online via the UO Libraries web site.

Oceanic Abstracts. Indexes and abstracts literature in oceanography, marine biology, and brackish water subject areas,1981 to date. Available online via the UO Libraries home page. Also available to UO law students via Westlaw (OCEAN-ABS).

Periodicals and Yearbooks

Coastal Management, v. 15- (1987/88 to date). LAW LIB K3 .O17. Continues Coastal Zone Management, v. 1-14 (1973-86), same call number. Full text available from 1999 to date via link in the UO Libraries online catalog record.

International Journal of Marine and Coastal Law, v. 8- (1993 to date). LAW LIB K9.N674. Continues International Journal of Estuarine and Coastal Law, v. 1-7 (1986-1992), same call number. Full text available via link in the UO Libraries online catalog record. Many articles include the text of the treaty or international agreement under discussion.

Marine Policy, v. 2- (1978 to date). LAW OCEAN K13.A4944. Full text available from 1995 to date via link in the UO Libraries online catalog record.

Ocean and Coastal Law Journal, v. 1- (1994 to date). LAW LIB K15.C238. Full text available via link in the UO Libraries online catalog record. Continues Territorial Sea Journal, v. 1-2 (1990-1992), same call number.

Ocean & Coastal Management, v. 17- (1992 to date). Continues Ocean & Shoreline Management, v. 11-16 (1988-1991), and Ocean Management, v. 1-10 (1973-1986). LAW LIB K15.C26. Full text available from 1995 to date via link in the UO Libraries online catalog record.

Ocean Yearbook, v. 1- (1978 to date). LAW OCEAN GC1000.O27.

Introductory Sources and Overviews

The Law Library has an extensive collection of monographs, conference proceedings, and collected essays on coastal zone law, policy, and management. Several examples are listed below. Check the online catalog for additional titles.

Donna R. Christie and Richard G. Hildreth, Coastal and Ocean Management Law in a Nutshell, 3rd ed., 2007, LAW OCEAN KF5627.Z9 C48 2007.

Joseph J. Kalo, et al., Coastal and Ocean Law: Cases and Materials, 3rd ed., 2007, LAW OCEAN KF5627.A7 C63 2007

Diana M. Whitelaw and Gerald R. Visgilio, eds., America's Changing Coasts: Private Rights and Public Trust, 2005, LAW OCEAN HT392.A759 2005

DVD and VHS Videos

The Law Library is expanding its collection of audiovisual materials in environmental and natural resources law. Check the online catalog for additional titles, using the "limit" feature to restrict your search to video and film.

Celilo Falls and the Remaking of the Columbia River [DVD], 2005, LAW RSRV F853.C4 2005

David H. Lucas, petitioner, v. South Carolina Coastal Council: Background and Panel Discussion [VHS], 1992, LAW RSRV KF5599.A545 1992

Living on the Edge: Buying and Building Property on the Oregon Coast [DVD-ROM], 2005, LAW RSRV HT393.O7 L5 2005

Watersheds & Salmon [Videodisc], 2003, LAW RSRV QL638.S2 W38 2003

Wave Power: The Potential of Oregon's Ocean Energy [DVD], 2006, LAW RSRV TK1081.W398 2006

Conference Proceedings

Coastal Society Proceedings, LAW OCEAN GB450.2 .C63
The Coastal Society, http://www.thecoastalsociety.org/, sponsors a conference every other year. The proceedings contain papers on coastal and estuarine management, primarily in the United States.

Coastal Zone Proceedings (abstracts only for some years)
1978-1997 (print), LAW OCEAN HT391 .S935
1999 (print), borrow through Summit catalog
2001 (CD-ROM), Knight Library, Document Center, C 55.54:C 58/CD
2003 to present (online), http://www.csc.noaa.gov/cz/
Beginning with Coastal Zone ’78, this is a series of biennial conferences sponsored by the American Society of Civil Engineers and other organizations. Conference participants discuss coastal science, policy, and management in the United States and many other countries.

Collections of Documents

John Norton Moore, ed., International and United States Documents on Oceans Law and Policy, 1986, 5 vols., LAW OCEAN JX4408 .I57 1986. Contains all major treaties arranged by subject (fisheries, deep seabed mining, pollution, etc.); various law of the sea declarations; and U.S. laws relating to marine resources and coastal zone management enacted through 1984.

U.S. Legislative Materials

The Law Library has an excellent collection of slip laws and congressional publications (including House and Senate reports, hearings, and prints; Senate Treaty Documents; and Senate Executive Documents) in the CIS Microfiche Library: Complete Collection, LAW MF KF49.C622. A law library handout indicates which cabinets contain this collection. Paper copies of congressional publications are available at the Knight Library Document Center. Many recent congressional publications can now be found on the Web (see, e.g., Library of Congress, Thomas, Legislative Information on the Internet, at http://thomas.loc.gov/home/thomas2.html).

Not all congressional documents are individually cataloged in the UO Libraries online catalog, but they can be identified by using Congressional Information Service, CIS Annual print index and abstract volumes, 1970 to date, LAW MF KF49.C62 (located on the microform index shelf). These print indexes will help you locate congressional documents in the CIS Microfiche Library. Also useful for identifying and locating such legislative history documents is the LexisNexis Congressional database.

United States Code Congressional & Administrative News, LAW READ KF48.U56, reprints slip laws for each session of Congress and has excerpted text of selected documents related to legislative history. For thorough legislative history researching, the CIS resources and LexisNexis Congressional are recommended. If you are looking for a compiled legislative history, check Sources of Compiled Legislative Histories, LAW REF KF42.2; and the U.S. Federal Legislative History Library in HeinOnline.

For more information, see the Knight Library Document Center's web page on "Government Information" at http://libweb.uoregon.edu/govdocs/govinfo.html.

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