UF Law Center for the Study of Race and Race Relations booklet
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Permanent Link: http://ufdc.ufl.edu/UF00090858/00001
 Material Information
Title: UF Law Center for the Study of Race and Race Relations booklet
Physical Description: Book
Language: English
Creator: Center for the Study of Race and Race Relations, Levin College of Law, University of Florida
Publisher: Center for the Study of Race and Race Relations, Levin College of Law, University of Florida
Place of Publication: Gainesville, Fla.
Creation Date: 2005
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Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
System ID: UF00090858:00001


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Welcome to the first edition of our new
newsletter. This issue has a new face, which
is appropriate, because our Environmental
and Land Use Law Program (ELULP) has
several new faces. We've added depth to
our faculty and curriculum since 2003:
* Assistant Professor Mary Jane Angelo
joined us this year and is teaching
the basic Environmental Law course,
Environmental Dispute Resolution, and a
new seminar on Law t Ecology.
* Professor Christine Klein joined us in
Fall 2003 and is teaching a basic water
law course, Natural Resources Law, and
coordinating the Capstone Colloquium
for our certificate students.
* Professor Michael Wolf also joined
us in Fall 2003, filling the Richard E.
Nelson Chair in Local Government Law.
He offers courses in land use law and
local government law and an advanced
constitutional law course focused on
takings, among others.
In addition, we continue to benefit
from the vast expertise of the research
attorneys at the Center for Governmental
Responsibility, a think-tank here at the
College of Law. The full-time presence
at the law school of these experts in
environmental justice, environment and
trade, water and wetlands regulation,
the Everglades, historic preservation,
and sustainable development greatly
enriches our curriculum and the intellectual
While there may be many different
views on what we need to accomplish, there
is little disagreement that environmental and
land use law are critical to Florida's future.
The ELULP reflects a commitment to train
future lawyers and take the lead in research
to develop laws that will protect public
health and environmental values while
recognizing the importance of a vibrant
private sector and individual rights.

Events Showcase

Environmental Issues

Recent events sponsored by faculty and
students in the Environmental and Land
Use Law Program at the University of
Florida's College of Law spotlighted environ-
mental law issues of key importance to the state.
"Hurricanes, Humans &
Habitats: Reclaiming, Rethinking,
Rebuilding Our Environment"
Battles over fresh water, the fate of the
world's seas, and Florida's vanishing stock of
farmland were just some of the topics addressed
by environmental experts at the UF law school's
Public Interest Environmental Conference Feb.
About 250 people attended the three-day
conference, "Hurricanes, Humans and Habi-
tats: Reclaiming, Rethinking, Rebuilding Our
Environment," including 175-plus attendees,
80 panelists and speakers, and some 30 law
students who organized the conference. This
successful collaboration between the UF Envi-
ronmental and Land Use Law Society and The
Florida Bar's Environmental and Land Use Law
Section provided continuing legal education in a
unique format, offering four separate concurrent
tracks building on kick-off plenaries. The 19
panel discussions were developed by students,
who worked closely with members of the
Section's Public Interest Committee to identify
timely topics of broad appeal and knowledge-
able panelists. This year's program included
extremely popular panels on mercury in fish, a

legislative session preview featuring past ELUL
Section Chair Larry Sellers and Rep. Thad Alt-
man (R-Melbourne), conversion of rural agricul-
tural land, inter-agency conflicts in permitting,
springs protection, citrus canker, water quality
trading, and post-hurricane redevelopment,
among others. The grand finale plenary focused
on the state of our seas, highlighting the ecologi-
cal and economic consequences of over-fishing.
Keynote speaker Margie Eugene Richard, a
former teacher from Norco, La. and winner of
the 2003 Goldman Environmental Prize, was a
highlight of the conference, with her inspiring
tale and dedication to the hard work of getting
the facts necessary to protect her community's
See Events on Page 4

Experts from academia and the private sector
examined the impact of billboard legislation at
the Nelson Symposium.


2 Grant Supports Costa
Rica Program
3 Environmental t Land
Use Law Speaker Series
4 Faculty Publications

Efforts Pay Off


Field Trips
Explore Prairie
Creek, Gum




Student Conservation

Efforts Pay Off

The UF College of Law's Costa
Rica Program will continue to
bring U.S., Caribbean and Latin
American law students together,
thanks to a three-year grant
renewal through the MacArthur
Foundation. For the past five
years, the Costa Rica Program
has given students from UF and
other American law schools the
opportunity to study and do
comparative research side-by-
side with law students and young
attorneys from other countries.
"This cross-cultural aspect of the
Costa Rica Program distinguishes
it from other law school study
abroad programs and greatly
enhances the experience for all,"
said Conservation Clinic Director
Tom Ankersen (above).
More about the UF-Costa Rica
Summer Study Program is avail-
able online at http://conservation.
law.ufl.edu/summer costarica
or by contacting Ankersen at
ankersen@law.ufl.edu or 352-

A UF College of Law seminar on
Animal Rights and the Law taught
by Adjunct Professor David Hoch
received recognition recently and
a unique opportunity from the ABA
Section on Environment, Energy
E Resources. The ABA Section
selected the seminar and one each
from the universities of Virginia and
Memphis to participate in its first
Law School Writing Competition.
The Section's Law School
Programs Committee will consider
the top five papers from each of
the three seminars for publication
on the ABA Section's website.
Details are online www.abanet.org/

U F law student Erika Zim-
merman (3L) worked
through the school's
Conservation Clinic on a peti-
tion to UNESCO on behalf of the
clinic's client in Belize to list the
Belize Barrier Reef as a threatened
world heritage site under the World
Heritage Convention.
"The petition is particularly
noteworthy because it served as the
model for two simultaneously-filed
petitions involving Mt. Everest and
a World Heritage site in Peru," said
Environmental and Land Use Law
Director Alyson Flournoy. "Since
there is no preconceived format for
these petitions, Erika developed A paper
this one, which was emulated by sor Joar
the NGOs (non-governmental semester
organizations) submitting the global c
Law Jou
other two. All three petitions are their su
based in part on the impacts of
climate change on these world
heritage resources, and included supporting
letters from some of the world's leading reef
Clinic Director Tom Ankersen provided
editorial support, and the petition was fur-
ther edited by the client, the Belize Institute
of Environmental Law and Policy (BELPO),
prior to submission, but the work was pri-
marily done by Zimmerman.
"The petition demonstrates what our best
students can do when they are motivated,"
said Flournoy.
The submissions were noted by the New
York Times and BBC.
"This is what I came to law school to do,"
said Zimmerman.
The concept for the petition originated
as an idea presented at the NGO Environ-
mental Law Alliance Worldwide (E-LAW)
2002 annual meeting in Guadalajara, Mex-
ico, which BELPO attended. Work began
with the efforts of the University of Florida/
University of Costa Rica Joint Program in

UF law student Erika Zimmerman wrote for Profes-
n Flocks' Environmental Justice Seminar Fall 2004
ir on the use of traditional ecological knowledge in
limate change policies won the NYU Environmental
rnal's writing competition and will be published in
nmer edition.

Environmental Law and its Conservation
Clinic to evaluate the legal status of protec-
tion of the entire Mesoamerican reef system.
Zimmerman provided research support,
with Ankersen's assistance.
Working with BELPO and other environ-
mental law NGOs, the Joint Program Con-
servation Clinic in Costa Rica helped exam-
ine different threats to the multi-national reef
system. Support for the Joint Program was
provided by the John D. and Katherine T.
MacArthur Foundation and to E-LAW from
the Summitt Foundation, which allowed the
participation of environmental lawyers from
each of the reef countries, including Belize.
Technology allowed Zimmerman to work
on the project from Gainesville.
"I worked on the petition while here in
the Conservation Clinic, only communicat-
ing with our client in Belize via e-mail," said
More information and photos are online
at www.climatelaw.org/media/UNESCO.


UF Law Field Trips Bring

Teaching to Life

Prairie Creek -ByAlysonFlourno

Professor Tom Ankersen, students from
the Conservation Clinic and Environ-
mental and Land Use Law Society, and
I took a canoe and kayak field trip on Prairie
Creek in October. The trip was led by Lars
Andersen, a local guide, outfitter and natural
historian who authored the book Paynes Prairie
and writes a column called "On the Wild Side"
for Adventure Magazine.
The opportunity to paddle Prairie Creek
was a rare one, a benefit of historic water levels
following Hurricances Frances and Ivan. The
creek has been inaccessible for much of the
past decade, but had overflowed its banks for
hundreds of feet in either direction. This pro-
vided the paddlers a chance to glide under the
cathedral-like cypress trees in the floodplain.
The corresponding challenges were finding the
course of the flooded creek and picking one's
way among downed trees and vines.

Gum Slough Sl

Students, faculty and friends of the
Environmental and Land Use Program
braved wintry weather in January to
dive into one of Florida's last best places. Led
by unofficial program outfitter Lars Andersen
of Adventure Outfitters, Inc., the group trav-
eled to this hidden gem somewhere southwest
of Gainesville and slogged their way upslough
in canoes and kayaks along a narrow, barely
discernible channel, dodging deadfalls until
the canopy opened to reveal an Ichetucknee-
like spring run culminating in a refreshing
series of springs, for those who bravely took
the plunge. (Only one boat capsized.)
In a time when the quality of Florida's
springs is declining due to a variety of an-
thropogenic insults, Gum Slough stands out
as one of the most pristine springs left in the
state. With the assistance of CGR Florida
water law specialist Richard Hamann, the UF

Students heard from Andersen and Profes-
sor Ankersen about the creek's significance in
Florida water law as the site of the first reserva-
tion of water for a natural system. Farsighted
managers of the adjacent Paynes Prairie State
Preserve have reserved water from the creek for
the ecological benefit of the prairie. Students
also had the chance to see the man-made dike
separating the creek and prairie and the water
control structure that connects them.

By Tom Ankersen

Law Conservation Clinic has been assisting
the Silver Springs Working Group with pro-
posed springshed legislation to protect these
remarkable natural resources.
This work is highlighted on the Clinic's
website: http://conservation.law.ufl.edu.

Four leading environmental
scholars headlined the inaugural
Levin College of Law Environmental
E Land Use Law Speaker Series
this spring. The series is sponsored
by Hopping Green E Sams P.A.,
Tallahassee; Lewis Longman E
Walker P.A., West Palm Beach; and
The Florida Bar Environmental E
Land Use Law Section. Speakers
* Wendy E. Wagner, University
of Texas, Feb. 18, 2005. Leading
authority on use of science by
environmental policymakers;
one of seven attorneys on the
American Bar Association's
National Conference of Lawyers E
* Barbara Knuth, Cornell
University, March 18, 2005.
Chairs the Department of Natural
Resources and co-leader of
Human Dimensions Research.
She has written extensively
on environmental and natural
resources planning, management
and policy processes.
James Salzman, Duke
University, March 25, 2005.
An editor of Environmental
Impact Assessment, and
principal liaison for the Trade
E Environment Policy Advisory
Rebecca Tsosie, Arizona State
University, April 1, 2005.
Specializes in Indian law,
property, bioethics and critical
race theory, and is executive
director of the ASU Indian Legal
Program and its Lincoln Professor
of Native American Law E Ethics.
She is co-author of a federal Indian
law casebook, and serves as a
Supreme Court Justice for Fort
McDowell Yavapai Nation.

The Conservation Clinic and John
Henry Hankinson 1979 UF law
graduate, former EPA regional ad-
ministrator and executive director of
the St. Johns River Water Manage-
ment District will be featured in
the next issue of UFLaw magazine,
to be mailed to the college's alumni
in May. The Winter 2005 issue is
available online at www.law.ufl.edu.



Events, From Page 1
The conference also hosted Costa Rican presi-
dential candidate and economist Ott6n Solis,
who was Minister of Planning and Economy in
the Oscar Arias administration and founded the
Citizens' Action Party, a third-party movement in
Costa Rica that emphasizes social equity and envi-
ronmental issues. Solis spoke on international free
trade agreements and their environmental impact.

Billboards Law: Regulating
the Signs of the Times
Marking the anniversary of the federal High-
way Beautification Act (HBA), outdoor advertis-
ing industry leaders and prominent billboard
opponents discussed the economic benefits and
constitutional and environmental pitfalls of laws
regulating roadside signs at the Fourth Annual
Richard E. Nelson Symposium series Feb. 11.
Although the HBA has been in place for
40 years, the law is still a topic of heated debate
among advertisers, government officials and
environmentalists. Florida has about 22 billboards
for every 10 miles of highway and is second in
the nation in the number of billboards that fail to
conform to the law.

Alternative Grounds: Defending
the Environment in an Unwelcome
Judicial Climate
The Presidential election of 2004 raised im-
portant questions about the future of federal and
state laws designed to protect the environment,
according to UF Law Professor Michael Allan
Wolf, Richard E. Nelson Chair in Local Govern-
ment Law.
To discuss these and other concerns, a select
group of national experts on environmental law
gathered at the conference, "Alternative Grounds:
Defending the Environment in an Unwelcome
Judicial Climate," sponsored by the Nelson Chair
and the Environmental Law Institute (ELI) in
Washington, D.C. Papers presented at the con-
ference will be published in a volume edited by
Professor Wolf and published by the ELI.

ELULP Faculty Discuss
New Initiatives
Environmental and Land Use Law
faculty held a day-long retreat in
October to discuss new initiatives.
Participating were (from left) Jeff
Wade, Joan Flocks, Tom Ankeren,
Mary Jane Angelo. Christine Klein,
Thomas Ruppert, Mark Fenster and
Richard Hamman.
"Drawing on the large, committed
law faculty we now have, and the
rich interdisciplinary possibilities
of a major research university, we
have a unique opportunity to de-
velop innovative courses and pro-
grams," said Program Director
Alyson Flournoy.



* Professor Mary Jane Angelo
completed "Crouching Textualist,
Hidden Intentionalist: Reclaiming
Our Stolen 'Green Destiny' out
of the Judicial Sparring Over the
Interpretation of Environmental
Statutes," forthcoming in
Alternative Grounds: Defending



the Environment in an Unwelcome Judicial
Climate (Michael Wolf ed.; ELI).
SProfessor Tom Ankersen completed
"Inside the Polygon: Emerging
Community Tenure Systems and
Forest Resource Extraction," in Zarin
& Schmink, eds., Working Forests in
the Tropics: Conservation Through
Sustainable Management (Columbia Ankersen
Press, 2005) (with Grenville
Barnes); "Applying Clinical Legal Education
to Community Smart Growth: the University
of Florida Conservation Clinic," in Knaap &
Wiewel, eds., University Efforts to Encourage
Smart Growth (Lincoln Institute for Land
Policy, forthcoming 2005) (with Nicole Kibert);
"Bioregional and Conservation Planning on
Costa Rica's Osa Peninsula," Futures Journal
(forthcoming 2005) (with Kevin Regan and
Steven A. Mack); and "Regional Perspectives
on Latin American Conservation" (book
review), in Journal of Conservation Biology
Vol. 18, No. 5 (October 2004).
* Professor Mark Fenster published
"Taking Formalism, Regulatory
Formulas: Exactions and the
Consequences of Clarity," 92 Cal.
L. Rev. (2004). The article also
was selected for inclusion in the
2005 Zoning and Planning Law Fenster

* CGR Social Policy Division Director
Joan Flocks has two articles in
review at health science and policy-
related journals: "Stakeholder
Analysis of Florida Farmworker
Housing" (with A. Burns), and "The
Implications of Florida Farmworker


Knowledge of Pesticides, (with J., S.
Albrecht, P. Monaghan and A. Bahena).
SProfessor Alyson Flournoy
contributed to the multi-author
book A New Progressive
Agenda for Public Health and
the Environment (Christopher
Schroeder & Rena Steinzor eds.,
Carolina Academic Press 2004). Flournoy
Her chapter titled "Following
the Court Offroad in Norton v. Southern
Utah Wilderness Alliance" will appear
in Alternative Grounds: Defending the
Environment in an Unwelcome Judicial
Climate (Michael Wolf ed.; ELI forthcoming).
SProfessor Christine Klein
completed a new casebook,
Natural Resources Law: A
Place-Based Book of Problems
and Cases (Aspen Publishers,
forthcoming 2005) (with Federico
Cheever and Bret C. Birdsong), a Klein
chapter on Florida water law for
Waters and Water Rights (Robert E. Beck,
ed., Matthew Bender & Co. Inc. rev. Vol.
6, forthcoming 2005), and the article "On
Integrity: Some Considerations for Water
Law," which will appear in 56 Alabama L.
Rev. (2005).
SCGR International Trade Law Program
Director Steve Powell recently published
"The Place of Human Rights Law in World

ELULP Director Alyson Flournoy
Levin College of Law
P.O. Box 117625
Gainesville, FL 32611
E-mail: elulp@law.ufl.edu
Phone: 352-392-3572

Trade Organization Rules," 16
Fla. J. Int' L. 219 (2004), and
completed "Regional Economic
Arrangements and the Rule
of Law in the Americas: The
Human Rights Face of Free Trade
Agreements," (forthcoming in the Powell
Fla. J. Int'lL. in Spring 2005), and
"The WTO Cotton Subsidies Decision: The
Agreement on Agriculture Takes a Bite Out
of U.S. Agricultural Policy," (co-authored
with UF agricultural economist Dr. Andrew
Schmitz, forthcoming in the Drake Journal of
Agricultural Law, Summer 2005).
* Professor Michael Allan Wolf
published "Yes, Thankfully, Euclid
Lives," 73 Fordham L. Rev. (2004)
(with Haar), and has contributed a
chapter to and edited Alternative
Grounds (ELI, forthcoming).
* Professor Danaya Wright Wolf
published "A New Time For
Denominators: Toward A
Dynamic Theory Of Property
in Regulatory Takings'
Relevant Parcel Analysis," 34
EnvironmentalLaw 175-245,
(2004). The article also was
selected for inclusion in the Wright
2005 Zoning and Planning Law