Florida Bar Journal articles from February 2003

Florida Bar Journal archives from February 2003

Governmental tort liability in Florida; a tangled web.
February 1, 2003... In Commercial Carrier Corporation v. Indian River County, 371 So. 2d 1010 (1979), the Florida Supreme Court sought to define the scope of the waiver of governmental tort immunity contemplated by F.S. [section] 768.28, but that decision failed...

Florida's new statutory presumption of undue influence: does it change the law or merely clarify?
February 1, 2003... Unscrupulous people sometimes use undue influence to obtain gifts from persons who are elderly, sick, or weak. To constitute undue influence, a person's "mind must be so controlled or affected by persuasion or pressure, artful or fraudulent...

Sentencing: taking Florida further into "Apprendi-land".(Apprendi v. New Jersey)
February 1, 2003... When the U.S. Supreme Court handed down its opinion in Apprendi v. New Jersey, 530 U.S. 466 (2000), there was much speculation about its meaning, both nationwide and for Florida. (2) With the Court's recent decisions in Ring v. Arizona, 122 S....

Burdens of proof of reasonableness and undue hardship under Titles I, II, and III of the Americans with Disabilities Act.(part 2)
February 1, 2003... The previous installment of this article in the January issue of The Florida Bar Journal focused on the specific language in the ADA that governs the allocation of the parties' burdens of proof in an ADA case in which the plaintiff claims the...

Florida's unlimited homestead exemption does have some limits.(part 2)
February 1, 2003... Last month in Part I of this article, we discussed how recent commentators discussing high-profile corporate malfeasance and accounting scandals have sometimes inaccurately reported the effectiveness with which executives (and, by association,...

State and federal preemption in the mobile home arena: what can local governments truly regulate? .
February 1, 2003... It is common to find city or county land development regulations that discriminate against mobile homes as compared to conventionally built structures or manufactured buildings. Such regulations may limit where mobile homes must be located,...

Dealing with Medicare issues in workers' compensation settlements.
February 1, 2003... For the past several years, Medicare has been mistakenly paying medical expenses for injured workers even when those expenses stemmed from work-related accidents or occupational diseases. The Medicare as secondary payer statute was enacted in...

Investing in China: Legal, Financial and Regulatory Risk.(Book Review)
February 1, 2003... by William B. Gamble In his new book, entitled Investing in China: Legal, Financial and Regulatory Risk, William B. Gamble uses basic concepts of law, economics, and game theory to examine the effects of the legal system on sustainable...

Courting Disaster: The Supreme Court and the Unmaking of American Law.(Book Review)
February 1, 2003... by Martin Garbus Trial lawyer Martin Garbus takes a hard look at the history of the Supreme Court in his new book Courting Disaster: The Supreme Court and the Unmaking of American Law. Garbus's book examines monumental decisions made in...

Legal E-Business Guide for Administrators, Lawyers and the Clients They Serve.(Book Review)
February 1, 2003... by John G. Kelly Designed to enable legal administrators and lawyers with practice management responsibilities to acquire practical, hands-on information on legal e-business and legal e-business applications for their own use, John G....

Federal Habeas Corpus Practice: Commentaries and Statutes.(Book Review)
February 1, 2003... by Steven M. Statsinger Habeas corpus statutes, considered among the most complex areas of federal litigation, are the focus of Steven M. Statsinger's new paperback Federal Habeas Corpus Practice Commentaries and Statutes. Statsinger's...

Investment Advisers: Law and Compliance.(Book Review)
February 1, 2003... by James E. Anderson, Robert G. Bagnall, and Marianne K. Smythe LexisNexis recently released the Matthew Bender treatise Investment Advisers: Law and Compliance, by James E. Anderson, Robert G. Bagnall, and Marianne K. Smythe. "Our goal in...

TRIPS, PCT and Global Patent Procurement.(Book Review)
February 1, 2003... by Markus Nolff Lerner and Greenberg patent attorney Markus Nolff has authored a comprehensive book on international patent laws and agreements, entitled TRIPS, PCT and Global Patent Procurement. Published by Kluwer Law International,...

Supreme Court Practice, 8th ed.(Book Review)
February 1, 2003... by Eugene Gressman The eighth edition of a book first written in 1950 with the late Robert L. Stern serves as testimony to one of the nation's leading experts on practicing before the Supreme Court, 85-year-old Eugene Gressman. ...

Cardinal Rules of Advocacy: Understanding and Mastering Fundamental Principles of Persuasion.(Book Review)
February 1, 2003... by Douglas S. Lavine What qualities make some litigators more successful advocates than their peers? Why do some lawyers achieve the absolute best outcome for their clients, and others often just scrape by? These questions can be...