Florida Bar Journal articles from April 2006

Florida Bar Journal archives from April 2006

Justice should never be denied.(Florida)(President's page)
April 1, 2006... It doesn't matter whether you are a Republican or Democrat, prosecutor or criminal defense attorney, conservative or liberal--or somewhere in between. Consensus is mounting that DNA evidence is science of such certainty that it has both the...

Crawford's impact on Florida criminal law: what's in and what's out in the world of hearsay.
April 1, 2006... In 2004, the U.S. Supreme Court issued a groundbreaking opinion, Crawford v. Washington, 541 U.S. 36 (2004), which is destined to have a far-reaching impact on Florida criminal law. This article will specifically address Crawford's impact on...

The Class Action Fairness Act of 2005.
April 1, 2006... The Class Action Fairness Act of 2005 (1) was signed into law by President Bush on February 18, 2005. Pursuant to [section] 9, it "shall apply to any civil action commenced on or after the date of enactment of this Act." The act is the...

The domestic worker debacle: the need for domestic worker visas in the United States.
April 1, 2006... Common concerns for many Americans when it comes to matters of immigration, aside from terrorism and issues of national security, are the interests of American workers and protection of the U.S. labor force. Indeed, one of the primary...

Achieving capital gains treatment on predevelopment real property appreciation.
April 1, 2006... Considering the dramatic appreciation in real estate values and strong residential markets fueled by consumer demand and inexpensive financing, many property owners are undertaking their own development--often condominium or other multi-unit...

Business method patents - defining your viewpoints and your rights.
April 1, 2006... Business method patents are a class of patents which permit the owner to exclude others from making, using, selling, or offering to sell (1) the services or functions set forth in the patent rights-defining claimed method, the data exchanged...

The appellate decision-making process.
April 1, 2006... Appellate practitioners spend hours preparing briefs and, when available, oral arguments. When the "curtain closes," the advocates leave the case with the court. Counsel may feel his or her work is done, and it is. But thinking about how...

Price gouging 101: a call to Florida lawmakers to perfect Florida's price gouging law.
April 1, 2006... In 2004, the awesome power of Hurricanes Charley, Frances, Jeanne, and Ivan devastated the lives of thousands of Floridians. In 2005, Hurricanes Katrina, Rita, and Wilma annihilated parts of Louisiana, Mississippi, Texas, and Florida. Indeed,...

Why classifying a small-scale land use amendment as a legislative decision is not justified.(Florida)
April 1, 2006... Rezoning a 1.3 acre plot from residential to commercial is considered a legislative decision that formulates new policy and is subject to a highly deferential judicial standard of review. (1) In contrast, a rezoning to add up to 600...

The social security disability offset: a comprehensive review of statutory and case law guiding reduction in Florida workers' compensation benefits.(Florida)
April 1, 2006... Workers' compensation cases often overlap with social security disability (SSD) cases. It is not uncommon to find an older worker, with a limited education and unskilled work experience, who has suffered a severe work injury which prevents him...

New urbanism: recreating Florida by rewriting the rules.
April 1, 2006... An increasing number of Florida cities and counties re confronting the problems of sprawl--traffic jams, lifeless downtowns, environmental degradation, and sheer ugliness--and are seeking solutions in new urbanism, a land use planning...

The Doorstep of Depravity: A Tale of Lawyers, Heirs, Greed, Deceit, Lust and Death.(Book review)
April 1, 2006... The Doorstep of Depravity by Noah Bond Events move from improbable to mysterious to incredible in Noah Bond's new legal thriller, The Doorstep of Depravity. The dust jacket promises "A Tale of Lawyers, Heirs, Greed, Deceit, Lust & Death."...

Litigation with the Federal Government, 4th ed.(Brief article)(Book review)
April 1, 2006... Litigation with the Federal Government by Gregory C. Sisk This fourth edition is a complete, step-by-step guide of the information needed to deal with all aspects of suits involving the federal government. Topics include recognizing...

Treatment considerations with children diagnosed with PAS.(parental alienation syndrome)
April 1, 2006... Frequently in cases in which parental alienation syndrome (PAS) has been determined, courts become concerned with ordering the appropriate mental health treatment for the children involved. There is an abundance of confusion regarding such...