Florida Bar Journal articles from July 2002

Florida Bar Journal archives from July 2002

Dignity in law: Eleanor Roosevelt, when asked about overcoming insurmountable obstacles in her life in the face of adversity, said, "sometimes you must do the thing you cannot do!"(President's Page)
July 1, 2002... Do you want to make a difference? Do you really want to make a difference? I enlist your support. Most lawyers and judges are proud of our profession and are dismayed by unwarranted attacks. It's time to draw a line in the sand and to state...

Tod Aronovitz: President of the Florida Bar; "raised in a home where the law was revered".(Cover Story)
July 1, 2002... A black robe hangs by the door of Tod Aronovitz's corner office with a sweeping view of downtown Miami and Biscayne Bay. Belonging to his late father, Sidney Aronovitz, it's one of many mementos of the federal judge who first taught his son...

Logic and the law: when their paths diverge; ten instances in which judicial interpretations in matters of evidence and procedure seemingly run counter to logic.(Florida Rules of Civil Procedure)
July 1, 2002... Sometimes a rule reads so plainly, or a concept seems so clear, that further research is deemed superfluous. Logic leaves little room for more than one interpretation. As Justice Oliver Wendell Holmes long ago observed, however, "[t]he life of...

No postjudgment interest on prejudgment interest? A rebuttal.(Florida)
July 1, 2002... As a civil division county judge who has been trying over the past six years, with mixed results, to get plaintiffs' attorneys to draft their final judgments so as to provide for an award of postjudgment interest on prejudgment interest, the...

Florida durable powers of attorney: exploring the limits of an agent's authority.
July 1, 2002... Durable powers of attorney have become increasingly important instruments in estate and Medicaid planning in recent years, particularly since the substantial revision to the law made in 1995. Recently the law was amended to permit "springing"...

Economic loss rule: the "integral part" approach to the "other property" exception.(Florida)
July 1, 2002... Few subjects generate more controversy and confusion than Florida's ever-evolving version of the economic loss rule. The rule has been defined simply enough: "The `economic loss' rule is a court-created doctrine which prohibits the extension of...

Directors of the financially troubled company: guidance for a thankless job.(Florida)
July 1, 2002... Directors of the financially troubled corporation face a difficult and thankless job. As leaders of a failing enterprise, directors must deal with unhappy creditors and disappointed shareholders, make the most of diminishing resources, and...

Unpreserved issues in criminal appeals.(Florida)
July 1, 2002... This article addresses the problem of unpreserved issues in appeals brought by criminal defendants. This problem differs from the analogous problem in other types of appeals. Criminal defendants have constitutional rights other litigants do...

2002 reforms to growth management.(Environmental and Land Use Law)(Florida)
July 1, 2002... The 2002 Florida Legislature, with the active involvement and guidance of Gov. Jeb Bush and the Department of Community Affairs (DCA), passed comprehensive changes to the 1985 Local Government Comprehensive Planning Act and related statutes....

Notice 2002-8: IRS overhauls split dollar.(life insurance plans)
July 1, 2002... On January 3, 2002, the Internal Revenue Service issued Notice 2002 8, 2002-4 I.R.B. 398, ("the notice"), which represents the most significant development in the taxation of split dollar life insurance plans since 1964. In the notice the...

Should the narrowing scope of second-tier certiorari mandate findings of fact in local government quasi-judicial decisions?(Florida)
July 1, 2002... The Florida Supreme Court has recently revisited the standard for District Courts of Appeal "second-level certiorari" review of circuit court appellate decisions. That review is limited, and considers only whether the circuit court departed...

Workers' compensation settlements: the next generation.(Florida)
July 1, 2002... When the most recent changes to Ch. 440 took effect on October 1, 2001, claimants and employer/carriers in the workers' compensation system immediately had greater freedom to settle claims without the influence of a judge of compensation...

The Summons.
July 1, 2002... by John Grisham John Grisham's The Summons marks his return to the legal thrillers that made him a bestselling author. Ray Atlee, a law professor at the University of Virginia, is summoned home to rural Mississippi by his widowed father, a...

2002 Florida Courtroom Evidence Manual.
July 1, 2002... Stetson University College of Law Distinguished Professor of Law Emeritus William R. Eleazer and the University of Cincinnati Professor of Law Glen Weissenberger authored the 2002 Edition of the Florida Evidence Courtroom Manual, published by...

A Textbook of Forensic Addiction, Medicine and Psychiatry.
July 1, 2002... Dr. Lawrence Erlich, currently in private practice in Celebration, Florida, recently published his first book, A Textbook of Forensic Addiction Medicine and Psychiatry, designed to prepare lawyers for the use of a forensic expert witness. ...

Elusive Innocence: Survival Guide for the Falsely Accused.
July 1, 2002... Dean Tong, a Tampa-based forensic consultant, has authored Elusive Innocence: Survival Guide for the Falsely Accused. The 278-page book, with a chapter authored by West Palm Beach attorney Charles Jamieson, explores the differences between real...

Effective Yellow Pages Advertising for Lawyers: The Complete Guide to Creating Winning Ads.
July 1, 2002... The American Bar Association Law Practice Management Section recently released Effective Yellow Pages Advertising for Lawyers: The Complete Guide to Creating Winning Ads, which can be ordered from the ABA for $54.95, or $44.95 for Law Practice...

A Citizen's Guide to Using Federal Environmental Laws to Secure Environmental Justice.
July 1, 2002... The Environmental Law Institute recently published a new handbook, A Citizen's Guide to Using Federal Environmental Laws to Securz Environmental Justice, illustrating how citizens can use existing authorities within federal pollution laws to...

Estate Planning After the 2001 Tax Act: Guiding Your Clients Through the Changes.
July 1, 2002... Estate Planning After the 2001 Tax Act: Guiding Your Clients Through the Changes, published by Bloomberg Press, provides readers with a comprehensive discussion of the 2001 Tax Act, with interpretation of implications for estate planning by tax...

Brush with the Law: The Turbulent True Story of Law School Today at Stanford and Harvard.
July 1, 2002... Though more seasoned attorneys may not have had contact with such individuals in law school, young lawyers know the type: law students more interested in the pursuit of personal pleasure than the pursuit of higher education. Brush with the...

Gasparilla Gold.
July 1, 2002... Tampa lawyer M. Diane Vogt has released yet another of her Judge Wilhelmina Carson mysteries, Gasparilla Gold. Tampa's Gasparilla Pirate Festival provides the backdrop for jewelry theft, bank fraud, and murder. Just as Judge Willa is...

The Elements of Legal Style.
July 1, 2002... Bryan A. Garner, the editor in chief of Black's Law Dictionary, is leading the charge for clearer, more concise, and more understandable legal writing with his latest book, The Elements of Legal Style (Oxford University Press, 288 pages,...

The Oxford Companion to American Law.
July 1, 2002... Also available from Oxford University Press, The Oxford Companion to American Law (944 pages, hardcover) explains the basics of legal theory, practice, and landmark cases in clear and easy-to-understand language. This unique resource...

Associations linked by technology.(bar associations)
July 1, 2002... The advances in electronic communication catapulted continuing legal education seminars to a new level for the federal bar associations in the Middle District of Florida. Four federal courtrooms--Ft. Myers, Jacksonville, Orlando, and...