Florida Bar Journal articles from February 2004

Florida Bar Journal archives from February 2004

Meeting the challenge for adequate funding of Florida's court system.(President's Page)
February 1, 2004... The upcoming session of the Florida Legislature will likely be the most important in recent memory as lawmakers decide how to pay for our trial courts. This Article V funding issue had its genesis in the constitutional amendment known as...

Jury questions in criminal cases: neutral arbiters or active interrogators?
February 1, 2004... The Jury Innovations Committee (1) recently proposed to the Supreme Court of Florida that individual jurors be permitted to submit questions of witnesses in criminal prosecutions. (2) Although the Florida Legislature has enacted a statute that...

Fraud on the court as a basis for dismissal with prejudice or default: an old remedy has new teeth.
February 1, 2004... That cheaters should not be allowed to prosper has long been central to the moral fabric of our society and one of the underpinnings of our legal system. Sanctions, in a wide variety of shapes, attempting to encompass the virtually limitless...

Who needs an independent judiciary?
February 1, 2004... Our founding fathers envisioned a nation built on respect for the rule of law. Thomas Paine recognized this fact when he observed that our country knew no monarch, for, "in America the law is king." (1) They recognized that the extent of the...

Grandchild support.(Florida)
February 1, 2004... It has been a long-standing fundamental principle of family law that in all matters regarding alimony, child support, property distribution, and attorneys' fees the courts will look to the parties to the marriage and not to third persons. In...

Servants of a masterful conflict.(buyer's attorneys' multiple tasks in real estate transactions)
February 1, 2004... In a utopian world, a Florida real estate transaction would involve the following persons: 1) buyer and an attorney; 2) seller and an attorney (or seller may be unrepresented); 3) institutional mortgage lender's closing representative; and 4)...

A discussion: NIMBYism (Not-in-My-Back-Yard). (Florida)
February 1, 2004... NIMBYism: A Mandate for Citizen Participation? Citizen participation is an important factor in fixing Florida's fractured growth management program and passing smart growth solutions. "Growth management" in Florida has become an oxymoron...

Avoiding deportation by vacating state court convictions.
February 1, 2004... It was tax season and Jim was working overtime again. Jim was used to this sort of thing this time of year, having been an accountant for the last 18 years. As he got into his car after putting in a 13-hour day, all Jim could think of was...

The complete advisor - one attorney's case for ancillary practices.
February 1, 2004... Any attorney who has ever had a troubled, angry, and confused client walk through the office door knows that a daunting task most likely lies ahead. The issues facing that client may span beyond the attorney's practice area, but the most...

St. Pete Bar's traveling exhibit showcases history of African-American lawyers in Pinellas County.(St. Petersburg Bar Ass'n)(Florida)
February 1, 2004... The St. Petersburg Bar Association is on a mission to diversify. On that journey, members of the bar association's Diversity Committee have assembled a public exhibit that highlights a period in its history that supported exclusion--a...

Negotiating a Labor Contract: A Management Handbook, 3d ed.(Brief Article)(Book Review)
February 1, 2004... by Charles S. Loughran The new Negotiating a Labor Contract: A Management Handbook (Third Ed. 2003) includes all aspects of negotiation from preparation to drafting the final contract. Written by Charles S. Loughran, an arbitrator,...

Covenants Not to Compete: A State-by-State Survey, 3d ed.(Brief Article)(Book Review)
February 1, 2004... The 2003 supplement to Covenants Not to Compete: A State-by-State Survey, Third Edition by Brian M. Malsberger and edited by Samuel M. Brock III and Arnold H. Pedowitz expands the canvass of enforceability issues critical to employers. The...