Florida Bar Journal articles from February 2002

Florida Bar Journal archives from February 2002

Application of summary procedure by agreement: a proposal to expedite litigation.(Florida)
February 1, 2002... Too often, litigation can become mired in long, drawn-out proceedings, draining the finances of the litigants and the energies of their attorneys. However, several statutes provide for the expedited consideration of disputes, or "summary...

Florida should adopt: the Celotex standard for summary judgements.(Florida)
February 1, 2002... In a series of opinions issued in 1986 known as the Celotex trilogy, the U.S. Supreme Court modernized the standard for reviewing motions for summary judgment in federal court. Although not bound by such federal procedural law, over 35 states...

Electronic data and discovery: nightmare or opportunity?
February 1, 2002... The business community, together with the rest of the general population, has become increasingly dependent upon the use of computers for the creation and retention of documents as well as for the delivery and receipt of electronic mail. A...

Conflicts between the Sunshine Law and trade secret protection in public procurement: the legislature should create a Sunshine Law exemption for procurement meetings when trade secret documents are involved.
February 1, 2002... Public officials have a duty to conduct meetings in the sunshine. They also have a duty to protect the trade secrets of the vendors with whom they do business. Doing both is not always easy. Since 1967, F.S. [section] 286.011, Florida's...

Have the new innocent spouse rules, as applied and interpreted by the IRS and the courts, resulted in the relief which Congress envisioned in enacting the 1998 legislation?(The Continuing Evolution of the "New" Innocent Spouse Rules as Implemented and Interpreted by the Internal Revenue Service and the Courts:)(part I:)
February 1, 2002... On July 22, 1998, new legislation governing "innocent spouse" relief from joint tax liability became effective. (1) Congress enacted this legislation to make it easier to obtain relief under the innocent spouse provisions of the Internal...

Sovereignty lands in Florida: it's all about navigability.(part 2)(lying below or adjacent to waterways)
February 1, 2002... In 1988, the U.S. Supreme Court considered the issue of state sovereignty lands in the case of Phillips Petroleum Co., et al v. Mississippi, et al., 484 U.S. 469 (1988). The dispute in this case arose when the State of Mississippi, claiming a...

Federal Civil Judicial Procedure.
February 1, 2002... * Federal Civil Judicial Procedure West Group recently released the 2001 edition of the Federal Civil Judicial Procedure and Rules, which contains the Federal Rules of Civil Procedure, Federal Rules of Evidence, and the Federal Rules of...

Black's Law Dictionary, 2d Pocket ed.
February 1, 2002... * Black's Law Dictionary The Second Pocket Edition of the renowned Black's Law Dictionary has been released by West Group -- the portable version of the 7th Edition of the full publication. Edited by Bryan A. Garner, the new edition packs...

Sex Equality.
February 1, 2002... * Sex Equality Foundation Press, a division of West Group, has released three sex equality publications by Catherine A. MacKinnon -- Sex Equality, Sex Equality: Rape Law, and Sex Equality: Family Law. The legal casebooks examine U.S. law...

Success Briefs for Lawyers: Inspirational Insights on How to Succeed at Law and Life.
February 1, 2002... The Vorkell Group and Risk International Services, Inc., have released Success Briefs for Lawyers, a self-help book comprised of autobiographical stories written by a diverse group of lawyers who include sole practitioners, small town and big...

Effective Use of Courtroom Technology.
February 1, 2002... * Effective Use of Courtroom Technology NITA has released Effective Use of Courtroom Technology: A Judge's Guide to Pretrial and Trial, part of a Federal Judicial Center (FJC) project examining the impact of technology on the adversary...

The Effective Deposition.
February 1, 2002... * The Effective Deposition The revised second edition of The Effective Deposition: Techniques and Strategies That Work has been released by NITA for $49.95. Coauthored by David M. Malone, president of a trial consulting and advocacy...