Florida Bar Journal articles from February 2006

Florida Bar Journal archives from February 2006

Our legislative role. (Florida) (President's Page)
February 1, 2006... Our 2005 survey of Bar membership showed that 74 percent of our members rate our legislative efforts as desirable or highly desirable. That ranked about in the middle of Bar programs and five percent better than the 2003 survey. As the...

The burden of proof conundrum in motor vehicle crashworthiness cases.(Florida)
February 1, 2006... Since its 1976 common law recognition of the crashworthiness doctrine in Evancho v. Ford Motor Co., 327 So. 2d 201, 202 (Fla. 1976), the Florida Supreme Court has never articulated the burden required to prove up an enhanced or increased injury...

Fortress arbitration: an exposition of functus officio.
February 1, 2006... There is a rule as old as the common law itself making a peculiar living in private arbitrations. It is the doctrine of functus officio, Latin for "a task performed." (1) This doctrine encircles completed arbitrations with a wall of finality....

Possible tax consequences under Florida durable powers of attorney.
February 1, 2006... Durable powers of attorney (DPOAs) have become an essential tool for dealing with the financial and personal affairs of many individuals, particularly in their later years. However, certain powers commonly used in Florida DPOAs can result in...

Common law writs - from the practical to the extraordinary.(Florida)
February 1, 2006... Under Florida law, unless an order completely disposes of judicial labor on a claim or falls within the narrow, enumerated categories of appealable nonfinal orders, a litigant must wait until a case is over before obtaining the right to appeal....

IBP v. Alvarez. (compensation for time putting on and taking off protective clothing)
February 1, 2006... The U. S. Supreme Court recently resolved a conflict between federal courts of appeals regarding the provisions of the Fair Labor Standards Act (FLSA) that require compensation to employees for the time spent donning (applying) and doffing...

Beyond statute, rule, and contract: equity as a basis for awarding attorneys' fees.
February 1, 2006... An award of attorneys' fees is in derogation of common law, (1) but has occasionally been permitted at equity. At law, a court may only award attorneys' fees when the award is expressly provided for by statute, rule, or contract. (2) At equity,...

Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey.(Book Review)
February 1, 2006... Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey By Linda Greenhouse Linda Greenhouse has gleaned Justice Blackmun's personal and official papers--all 1,585 boxes in the Library of Congress--to offer us this readable and...

Solomon vs. Lord.(Book Review)
February 1, 2006... Solomon vs. Lord By Paul Levine Reading Paul Levine's Solomon vs. Lord is like watching a hot new TV show. It's a fast book. You can pick it up and read a few chapters at a time, or block out an entire rainy Saturday to read. Levine...

David Hackett Souter: Traditional Republican on the Rehnquist Court.(Book Review)
February 1, 2006... David Hackett Souter By Tinsley Yarbrough Tinsley Yarbrough's David Hackett Souter tells the gripping story of one of this century's preeminent legal minds. Yarbrough skillfully paints a picture of a man appointed to the Supreme Court by a...

The Destruction of Young Lawyers: Beyond One L.(Book Review)
February 1, 2006... The Destruction of Young Lawyers: Beyond One L By Douglas Litowitz Litowitz has jarringly captured the abysmal world of young attorneys in this study of first-hand accounts, and hard data on the satisfaction of practicing and rising...

Death Row Defender.(Brief Article)(Book Review)
February 1, 2006... Death Row Defender By Raymond Dix Ray Dix's legal thriller Death Row Defender tells the suspenseful story of an ex-public defender turned appellate advocate for an innocent death row convict. Jon Clayton was wrongly convicted of the rape...