Fall Semester 2011
The LL.M. Curriculum in Environmental Sustainability is a 24-credit curriculum designed to be taken in two semesters, though admitted students may take the curriculum part-time, taking as few as six credits a semester over a period as long as three years. The five required courses are offered in the fall semester, plus a required thesis:
Environmentally Sustainable Development: Law and Institutions
LLME/LAW 550 1 credit
Sustainable development is an internationally and nationally recognized framework for reconciling development (economic development, social wellbeing, and peace and security) with environmental protection and restoration. This course will examine the historical origin of this framework, its meaning, the enormous environmental and poverty challenges that sustainable development is intended to overcome, and its actual and potential effect on international, national, state and local law. The course will emphasize, but not be limited to, the effect of sustainable development on the United States. The course will include a detailed examination of specific sectors where sustainable development ideas are taken more seriously (e.g., local governance, business and industry, green building, and (to some degree) climate change) and will examine the theoretical and practical implications of those developments for law. [In Fall 2011, this course will also be the first module of the Environmental Law Practice course. Students taking both courses will take an additional weekend module in the Environmental Law Practice course].
Environmental Law Practice
LLME/LAW 895 3 credits
A survey of environmental law, policy, and regulation with particular emphasis on issues of current concern in Florida. Topics include the role of the courts in environmental decision-making, techniques of pollution control in the major environmental statutes, and the regulatory process. This course surveys essential components of Florida water law, including wetland regulation, water use, riparian rights, and water management. The course also develops an understanding of the federal Administrative Procedure Act, the Code of Federal Regulation, and Florida Administrative Procedures Act, Chapter 120, Fla. Statutes and related provisions of the Florida Administrative Code. A substantial writing component is required. [In Fall 2011, the first module in this course will be Environmentally Sustainable Development. Students taking both courses will take an additional module in the Environmental Law Practice course].
Seminar on Exploring Principles of Earth Jurisprudence
LLME/LAW 899Q1 2 credits
In this course students will identify legal principles of a new “Earth-based” jurisprudence. Cormac Cullinan in Wild Law proposes that a “Great Jurisprudence” is established by how Earth functions to sustain life. Modern jurisprudence, in contrast, emphasizes the “positive law” – laws are simply what humans decide in advancing their personal, ideological and moral interests. This seminar allows students to step beyond the positive law to question how law may serve the well-being of Earth as a whole. The course includes study of the cosmological, ecological and social contexts for an Earth-based jurisprudence, emerging concepts of Wild Law, principles of an ecological worldview, the 1982 U.N. Charter for Nature, the Earth Charter, legal concepts of indigenous people, standing issues for non-humans, and emerging legal and equitable remedies. Intentional time in the natural world and weekly journal entries are a course requirement. Each student will write a research paper that ties together a theory and application of Earth Jurisprudence with a personal experience of nature.
Natural Resources Law & Policy
LLME/LAW 895A2 3 credits
Natural Resources are defined as materials that the Earth produces that have economic value to humans, basically the raw materials upon which much of the economy depends. There is a substantial body of law that governs how these resources are allocated, processed, and valued. This course provides an overview of the fundamentals of natural resources laws and includes minerals, timber, rangeland and water laws, fisheries laws and recreation on public lands. It will also cover laws and policies related to ecosystem restoration and ecosystem approaches. In addition, the course will provide a critical analysis of the field, examine ecosystems approaches, and discuss possible reforms that would prevent irreversible harm to resources and the Earth community.
Ecology and Ecosystems Management for Lawyers
LLME/LAW 501 2 credits
This is an introduction to the fundamental concepts of ecological science and conservation biology helpful to a practicing environmental lawyer, especially as applied to adaptive management practices. The course includes excursions to natural and agricultural areas in Florida.
Environmental Sustainability Thesis
LLME___ 3 credits
Students must produce one quality law review article analyzing a legal issue related to environmental sustainability, with an emphasis on real-world problems and approaches. The paper may be completed as the writing requirement for one of the required or elective courses or separately under this course.
The following courses are electives for Fall Semester 2011:
Comparative Water Law
LLME/LAW 503A 1 credit
This course, which takes place in the Netherlands, explores and compares the formal institutional and informal intergovernmental structures that shape water policy and management in Florida and in the Netherlands. The course also explores climate change and growth stewardship concepts in the two locations and is assisted by UNESCO-IHE Institute for Water Education, Ministerie van Verkeer en Waterstaat (Dutch Ministry of Transport, Public Works, and Water Management), and the Florida Earth Foundation. The program includes briefings on U.S. and Florida water management at IHE-UNESCO in Delft, and on Netherlands water management at the Headquarters Rijkswaterstaat of the Ministry of Transports, Public Works and Water Management, in the Hague. The program also includes field trips to various water management facilities in locations such as Rotterdam, Kinderdijk, and Zeeland for on-site lectures and presentations. (Limited to students who participated in Netherlands tour in May 2011).
Environmental Sustainability Externship
LLME ___ 2 credits
Students may work as an intern on sustainability law or policy at an organization, agency, or business approved by the Director. The law school will provide a list of available positions and help place students.
Environmental Justice: Domestic and International
LLME/LAW 502 1 credit
This course will address the history and evolution of the environmental justice movement and examine the legal and policy tools used to advance environmental justice at the domestic and international levels.
The following J.D. courses also are open to LL.M. students for LL.M. credit:
Administrative Law (Sonom) - 3 credits
Admiralty II (Costabel) - 3 credits
Animal Rights Jurisprudence (Wise) - 3 credits
Alternative Dispute Resolution (Fierberg) - 3 credits
Health Law (Van Tassel) - 3 credits
Land Use Planning (TBD) - 3 credits
Remedies (J. Makdisi) - 3 credits