Tulane University School of Law Historic Preservation Law Seminar - Fall 2010 Professor Lloyd N.

Shields (504) 581-4445 LNS@shieldsmottlund.com

Class Day/Time: Required Text: Every Tuesday from 7:00 p.m. to 8:50 p.m. in Room 257 Historic Preservation by Norman Tyler et al (second edition) is recommended text, though it is not required. Grades are based on class participation, completion of assignments and the written and oral presentation each student will give in lieu of a final exam. Every student is required to obtain a password for TWEN. All of the materials listed in the syllabus are available on TWEN. Students will sign up on TWEN for the date and time to give their oral presentation. Students are responsible for reading all cases and statutes on the TWEN website for the appropriate week. Any additional reading assignment will be emailed to all registered students using the Gibson communication system. Monday through Friday, 9:00 a.m to 5:00 p.m. at (504) 581-4445 or LNS@shieldsmottlund.com This two credit hour seminar will deal with traditional and emerging legal aspects and concepts for preserving the historic built environment. The impact of the integration of changes to that environment resulting from political and economic pressures and realities will be considered. Philosophies and techniques (legal and otherwise) will be explored. Outside reading will be required, and will be comprised of federal and state legislative and case law, as well as articles from periodicals and other sources. Most of these materials are contained on TWEN. There will be a focus on historic preservation issues, past and present, in New Orleans. Not only is that the course location, but also, New Orleans has generated a significant amount of case law and practical experience on historic preservation issues and its citizens regularly deal with myriad preservation issues.

Grading:

TWEN:

Reading Assignments:

Contact Information:

Class Description:

The goal for this course and the anticipated learning outcome is that each student completes the course with an understanding of the issues involved in real-life historic preservation issues. In doing so, it is anticipated that the student will have understood and available for use various local, state and federal ordinances and laws, along with an understanding of how those authorities are used to advocate positions on both a legal and practical basis in an attempt to achieve a desired or expected result. Along the way, it is expected for the student to understand that such results are not always achieved or achievable so that some of those same authorities and practicalities might be used to mitigate the failure to achieve the proponents desired result. We will meet each week from 7:00 p.m. to 8:50 p.m. on Tuesday evenings. Most classes will involve a format of discussion based upon the topic for that evenings class. On occasion, guest speakers will add perspective to a given evenings topic. Class participation is strongly encouraged. It is assumed that each individual in the class will ultimately embark on a professional career of which advocacy of some kind will be an important part. Accordingly, preparation for class and participation in class discussions is expected. One of the scheduled classes will involved a trip to the Vieux Carre for the purpose of observing the sites of several cases which will be discussed in class, as well as to observe situations and issues which have been the subject of class discussion. Students are also required to attend one regularly-scheduled meeting of either the New Orleans Historic District Landmarks Commission (phone number 658-7040), the Central Business District Landmarks Commission (phone number 658-7040), the Vieux Carre Commission (phone number 658-1420), the City Planning Commission (phone number 658-7000), or the Board of Zoning Adjustment (phone number 658-7000), and to give a short written summary of one of the issues discussed at that meeting of interest to that person. This should be accomplished before Tuesday, November 2, 2010. You are encouraged to accomplish this visit early in the semester. This is a paper course, only in the sense that the major portion (75%) of the students grade is comprised in part of a grade received on a paper which will be written by the student. Very

importantly, however, there is also a presentation to be made by the student in connection with the paper. A portion (25%) of the students grade will also be based upon the presentation. Again, it is assumed that everyone in the class will ultimately be involved in the presentation of ideas, the advocacy for a position, and the idea of educating and influencing an audience. Thus, students are encouraged to do well on the presentation, using whatever means of advocacy, education and persuasion might be appropriate for that given presentation. Make your presentation impressive. The use of the on-site audiovisual equipment is encouraged. As this aspect of the course has developed, most presenters have a PowerPoint aspect of their respective presentations, although that is not required. Topics for papers must be submitted on or before Tuesday, September 28th. An outline for the paper must be submitted by Tuesday, October 12th and the paper itself will be due on Thursday, November 4th. The paper must be at least 15 pages in order to meet certain requirements of the law school. The last classes (November 9, 16, 23 and 30) will be used for the student presentations. Although subject to change, it is now anticipated that each student presentation should last approximately fifteen minutes. You should sign up for the night you wish to speak at the appropriate location on this courses TWEN website. Class Objectives: The objectives of the class are for each student to have a broad understanding of historic preservation from the perspective of what needs to be protected, what type of preservation benefits communities and larger areas, how protection is obtained, when protection is or isnt appropriate, the impacts of preservation or lack thereof, the history of preservation enforcement, the importance of and the appropriateness of preservation advocacy, and incentives to encourage preservation.

W:\Attorneys\LNS\TULANE\2010\Syllabus Intro Page.wpd