Florida Bar Journal articles from January 2009

Florida Bar Journal archives from January 2009

Free Florida land: homesteading for good title.
January 1, 2009... [ILLUSTRATION OMITTED] This is the third article in a trilogy about the origins of real estate titles in Florida to be published by The Florida Bar Journal. The first article discussed Spanish land grants; the second, British land grants....

Litigating at light speed.(Florida)
January 1, 2009... [ILLUSTRATION OMITTED] In this age of spiraling litigation and chronic court congestion, the concept of light speed litigation might seem oxymoronic to some. Frequently, litigants wait years before achieving a final litigated resolution....

The outer limits of dischargeability - when is a claim a claim in bankruptcy?
January 1, 2009... The scope of what may be considered a "claim" in bankruptcy has vital importance to the operation of the Bankruptcy Code. In many respects, the claim is the atom around which much of the Bankruptcy Code is structured. For example, an entity...

Raising children on the spectrum in Florida: navigating roads less traveled.
January 1, 2009... Robert Frost once wrote, "Two roads diverged in the wood, and I--took the one less traveled by, and that has made all the difference." (1) When a child with autism becomes a part of a family, that family embarks on an entirely different road...

Employment verification: then and wow!
January 1, 2009... A concerned client called because Immigration and Customs Enforcement (ICE) agents conducted an I-9 investigation. The agents found missing I-9s and errors on some I-9s, and requested an investigation into some employees who might not be...

How to interpret statutes - or not: the phantom of plain meaning.
January 1, 2009... The government alleged that in 1926, Timothy McBoyle hired a pilot to steal an airplane and fly it from Ottawa, Illinois, to Guymon, Oklahoma. (1) Although McBoyle denied the charge, the jury convicted him of interstate transportation of a...

Legal, practical, and ethical considerations of medical malpractice settlements.(Florida)
January 1, 2009... For a physician who has been named as a defendant in a medical malpractice lawsuit, the decision whether to settle has significant legal, practical, and ethical implications. The physician defendant typically has extremely strong feelings...

The Summer of 1787: The Men Who Invented the Constitution.(Book review)
January 1, 2009... There was a lot wrong with this nation in 1787, when 55 delegates from 12 states traipsed to Philadelphia for secret meetings on the creation of a new central government. At the time, the fledgling federal government didn't have the power to...

Capitol Cat and Watch Dog Unite Lady Freedoms.(Brief article)(Book review)(Children's review)
January 1, 2009... When night magic transforms the statues inside the U.S. Capitol Building into famous, living beings, Capitol Cat and Watch Dog recruit them as a secret Nighttime Congress to lobby for the reunion of two Lady Freedoms, American symbols who have...

The application and analysis of the new proposed contract manufacturing regulations.
January 1, 2009... Not surprisingly, most taxpayers prefer to pay as little tax as possible. In the context of the international sales of goods, prior to the creation of the Transfer Pricing and Subpart F rules, a taxpayer could create a subsidiary corporation in...

Unraveling the mysteries of the Florida exemptions for life insurance and annuity contracts.(part 2)
January 1, 2009... This is the second installment of a two-part article that provides a detailed analysis of the creditor exemptions available under Florida law for life insurance policies and annuity contracts. Part one of this article, in the December 2008...

Pumping up passion for pro bono.(Florida)(President's page)
January 1, 2009... PARALEGAL In the shortest acceptance speech in the history of the Tobias Simon Pro Bono Service Award, 80-year-old civil rights crusader Maurice Wagner said at the 2002 ceremony: "I started back in 1950 and here we are 52 years later. I didn't...