Florida Bar Journal articles from April 2002

Florida Bar Journal archives from April 2002

Section 57.105's new look: the Florida Legislature encourages courts to sanction unsupported claims and dilatory actions.
April 1, 2002... The Florida Legislature's recent overhaul of F.S. [section] 57.105 provides courts all over the state with a brand new tool to discourage lazy or unscrupulous litigants (and their legal counsel) from asserting unsupported claims or defenses, or...

Discovery of public records in capital cases.(Florida)
April 1, 2002... Litigation in a death penalty case does not end when the judgment and sentence of death are affirmed by the Supreme Court of Florida. The next phase of litigation in these cases falls under the general heading of "postconviction relief." It is...

Attorneys' fees on appeal: basic rules and new requirements.(Florida)
April 1, 2002... There have been a number of recent changes in the law regarding recovery of attorneys' fees on appeal. Some courts have become stricter in enforcing procedural requirements, while other case law creates new opportunities for fee recovery on...

Legal developments impacting repeat battery offenders: Warren and the 2001 amendment to felony battery.(Florida)
April 1, 2002... Two significant and interdependent legal developments have arisen in the application of the felony battery statute, F.S. [section] 784.03(2), which reclassifies misdemeanor batteries to felony status where the offender has prior battery...

An overview of current law impacting jury selection in civil cases.(Florida)
April 1, 2002... A proper voir dire examination should assist the parties in determining whether a prospective juror is subject to a peremptory or cause challenge. (1) It sounds pretty simple. However, for those who have had the pleasure of selecting a jury,...

Tax planning strategies with equity derivatives.
April 1, 2002... A derivative is a financial instrument, the value of which is determined by reference to the value of another asset (i.e., the underlying asset). While many tax practitioners may believe that derivatives have little, if any, relevance in their...

Half-Moon and Empty Stars.
April 1, 2002... When two legal giants--Gerry Spence and Alan M. Dershowitz--publish two recent novels, what insights do they reveal about current legal issues, their perceptions (both public and private images), and their finesse with fictional creativity? ...

Bush v. Gore: The Fight for Florida's Vote.
April 1, 2002... Three Nova Southeastern University law professors have collected and published the numerous judicial rulings handed down in the days following last November's presidential election. Bush v. Gore: The Fight for Florida's Vote, by Robert Jarvis,...

The Winning Argument.
April 1, 2002... A new book released by the ABA, The Winning Argument, offers practical approaches, insightful analysis, and compelling strategies to those who wish to make the most persuasive and effective argument possible. The "12 essentials of a...

Copyright Law.
April 1, 2002... The Practising Law Institute recently published Copyright Law, A Practitioner's Guide by Bruce P. Keller and Jeffery P. Cunard. The guide is designed to help lawyers and their clients steer a course through today's complex copyright environment...

Human.
April 1, 2002... A dying man mixes his DNA with that of a primate to grow and harvest new organs that will save his life. He hides his half-man, half-primate creation in the basement of his laboratory until the police discover its existence and the man is...

Judgment of the Wolves.
April 1, 2002... Orlando attorney Joseph Martin Taraska's first novel, Judgment of the Wolves, combines two of his career passions--trial preparation and intense courtroom interaction --in a story about Jason Montgomery, a 52-year-old lawyer at an impasse in...

The Price of Terror: One Bomb, One Plane, 270 Lives, The History-Making Struggle for Justice After Pan Am 103.
April 1, 2002... Florida Bar member Allan Gerson, best known for bringing the first lawsuit against Libya on behalf of the families of those who died in the terrorist bombing of Pan Am 103 over Lockerbie, Scotland, in 1988, has co-written a book about the...

Silicone Solution.
April 1, 2002... Tampa lawyer M. Diane Vogt's fictional character Judge Wilhelmina Carson is a quick, witty, stubborn, sports-car-driving Tampa native who solves mysteries with the help of her restaurateur husband George. In Silicone Solution and Justice...

The Manatee Murders.
April 1, 2002... Detective Doug Shearer is awakened from his sleep with terrible news -- three beheaded manatees are floating in Pine Island Sound. A local commercial fisherman is arrested, but there are other, unknown people involved. While attempting to...