Florida Bar Journal articles from December 2002

Florida Bar Journal archives from December 2002

75 Years of the Bar Journal: a forum for improving the practice of law.
December 1, 2002... Here's a toast to 1927--a dazzling year of events that shrunk the world and expanded newfangled ways to communicate. Charles "Lucky Lindy" Lindbergh landed the Spirit of St. Louis in Paris, to a cheering crowd of 100,000, and claimed the...

A century of living, 78 years of lawyering.(attorney Clarence A. Boswell)(Testimonial)
December 1, 2002... What Florida attorney has been practicing law even longer than the 75 years the Bar Journal has been in existence? That would be Clarence A. Boswell, the oldest practicing member of the Bar, who turns 100 on December 6 and still comes to...

Speedy trial, speedy games.(Florida)
December 1, 2002... Rule 3.191 of the Florida Rules of Criminal Procedure provides that all persons charged with a crime in the State of Florida are entitled to a speedy trial. In the absence of a demand for a speedy trial, persons charged with a felony are...

Anarchy or Anglo-American jurisprudence? The doctrinal effect of stare decisis upon bankruptcy courts in the face of district court precedents.
December 1, 2002... There presently exists a rather stunning split of authority among federal courts as to whether published district court decisions are binding on bankruptcy courts within their judicial district. (1) Not surprisingly, bankruptcy courts have...

Obtaining a replevin writ prior to final judgment: with or without notice.(Florida)
December 1, 2002... Nothing is more frustrating to a creditor than being told that despite holding all the right documents on a defaulted obligation, it can't immediately take back the personal property which collateralizes or otherwise forms the basis of a prior...

FDUPTA for civil antitrust: additional conduct, party, and geographic coverage; state actions for consumer restitution.(Florida Deceptive and Unfair Trade Practices Act )
December 1, 2002... Florida's Deceptive and Unfair Trade Practices Act (FDUTPA), in addition to prohibiting unfair, deceptive and unconscionable acts and practices, proscribes "unfair methods of competition... in the conduct of any trade or commerce. (1) It is...

The proverbial "get out of jail free" card - the Ninth Circuit's treatment of addiction under Hernandez v. Hughes Missile Systems Co.
December 1, 2002... An employer refuses to rehire a former employee who was given the opportunity and voluntarily chose to resign in lieu of being terminated for undisputedly testing positive for cocaine use while at work. The employer makes the decision not to...

Proposals for settlement: more traps for the unwary.(Florida)
December 1, 2002... The proposal for settlement (PFS) statute, F.S. [section] 768.79 (2001), allows either party to a lawsuit to offer a settlement to the other party before trial and provides for attorneys' fees if the offer is rejected under certain conditions....

Supervising your lawyers and staff: avoiding serious ramifications.(Florida)
December 1, 2002... For many lawyers, a good staff is the most critical component of producing excellent legal services. After all, a well-trained, properly delegated and supervised staff may complete much of the necessary paperwork at a law firm, thereby allowing...

Water, water everywhere? .(part 1)(Florida)
December 1, 2002... Florida's once seemingly inexhaustible water resources are being compromised and diminished as a result of increased demand, and a lack of formalized coordination and planning between planning authorities and water management districts....

The ABCs of Florida Corporate Income Tax.
December 1, 2002... Lawyers are asked by their clients to advise them about business structures. They commonly prepare partnership agreements, articles of incorporations, joint venture agreements, and articles of organization for partnerships, business trusts,...

The revocable trust as beneficiary of the estate and the effectiveness of "full waiver" forms.(Florida)
December 1, 2002... This article provides a recommended legal course of action to be followed in administering a probate estate which has an inter-vivos revocable trust as a beneficiary. In these instances, the attorney representing the fiduciary must be aware of...

Long-arm jurisdiction in support and divorce actions: the unwary beware.(Florida)
December 1, 2002... Clearly, personal jurisdiction over a respondent can be obtained by service of process within the state. However, if resort to service outside of the state must be made, strict adherence to the applicable long-arm statute is required. (1)...

E-Commerce and Communications: Transactions in Digital Information.(Book Review)
December 1, 2002... LexisNexis has recently released the latest Matthew Bender treatise, E-Commerce and Communications: Transactions in Digital Information, which focuses on the collision of intellectual property, commercial, and communications law in cyberspace,...

Domain Name Disputes.(Book Review)
December 1, 2002... Analyzing critical topics relevant to the use and ownership of domain names has just been made easier, thanks to the release of Domain Name Disputes by Aspen Law & Business. The 600-page book delves into how legal disputes involving...

Sarasota-FAWL provides a safe haven for children.(Florida Association for Women Lawyers )
December 1, 2002... Going to court can be a frightening experience even for adults who understand the integral role courts play in America's justice system. Can you imagine how a child feels? The fear intensifies in a place that can be cold, large, and...