Florida Bar Journal articles from July 2003

Florida Bar Journal archives from July 2003

For the children. (President's Page).(Florida Bar's work with children)
July 1, 2003... Though the leadership of The Florida Bar changes from year to year, some issues facing our membership do not. In life, there is not a single day that is guaranteed or promised to us. When I took the oath of office to become the 54th...

Miles McGrane President of The Florida bar: this bar president loves the law and the legal profession. Friends predict Miles McGrane will be hardworking and fun. (Cover Story) (Interview)
July 1, 2003... Around 1994, the Board of Directors of Legal Services of Greater Miami, Inc., decided it would be prudent to buy a building to house the agency's operations, instead of continuing to pay rent. Such major expenditures need to be approached...

Warning a patient's intended victim while preserving testimonial privilege: a statute to regulate all psychotherapists.(Florida)
July 1, 2003... In Guerrier v. State, 811 So. 2d 852 (Fla. 5th DCA 2002), a case of first impression in Florida, a psychiatrist was required to testify that a patient told him he was going to kill his former girlfriend. Believing the woman was in danger, Dr....

Credit repair organizations after regulation: wolves in nonprofits' clothing?
July 1, 2003... Some time has passed since "credit repair" organizations emerged on the commercial landscape and led regulators to take notice in the 1980s. A product of modern American society's tendency to overspend and overfinance, credit repair...

Florida medical malpractice and the statute of limitations: an overview of select statutory provisions and case law governing medical malpractice litigation.
July 1, 2003... A full understanding of statute of limitations issues is essential to both case selection and analysis and the formal prosecution of each meritorious medical negligence claim. As a practical matter, the practitioner is well advised to select...

Adding teeth to waivers of temporary support, attorneys' fees, and costs in marital agreements.
July 1, 2003... "Freedom is not worth having if it does not include the freedom to make mistakes." MAHATMA GANDHI Florida courts traditionally have upheld the validity of antenuptial and postnuptial agreements and, at the same time, voided provisions...

Committees of The Florida Bar.(Annual Reports)
July 1, 2003... The following reports were inadvertently omitted from last month's annual reports issue. Federal Court Practice During the 2002-03 year, the Federal Court Practice Committee concentrated its efforts on two major projects: updating and...

IRS-revived scrutiny of foreign accounts: amnesty offered but uncertainty and perils remain.(Tax Law )
July 1, 2003... About 25 years ago, the Internal Revenue Service sought to determine the identities of account-holders at a particular "offshore" bank. An elaborate undercover "sting" was effected, with successful results. However, little in the way of...

International parental child abduction Part II: the respondent's case.(Family Law)
July 1, 2003... When a child is abducted (1) by a parent to the U.S., there is a presumption the child should always be returned to the country of habitual residence once the custodial fights of the leftbehind parent have been demonstrated. The Convention on...

Contractual indemnity in construction for your negligence - what year is it? (Real Property, Probate and Trust Law) (Florida)
July 1, 2003... In a construction project in Florida, if an individual or the individual's agent acts wrongfully by action or inaction that results in property damage or personal injury, a contractor, lower tier contractor, architect, engineer, or material...

Protecting Florida's rare plants from extinction.(Environmental and Land Use Law)
July 1, 2003... "I speak for the trees, for the trees have no tongues." (1) DR. SEUSS, THE LORAX There is increasing scientific, political, and legal concern about the loss of biodiversity and protecting species from extinction. This concern is...

Florida Secured Transactions Under Revised Article 9 of the Uniform Commercial Code: Forms and Practice Manual.(Book Review)
July 1, 2003... by Peter E. Reinert The latest supplement to Florida Secured Transactions Under Revised Article 9 of the Uniform Commercial Code: Forms and Practice Manual is available through Data Trace Publishing Company. Written by Peter E. Reinert,...

Pre-Mortem Estate Planning Checklist, 2003 ed.(Book Review)
July 1, 2003... by Edward S. Schlesinger and Robert D. Howard Whether dealing with multiple domicile issues, drafting postnuptial agreements, or planning revocable trust provisions, estate planning attorneys need to help clients avoid unexpected problems...

Electronic Surveillance: Commentaries and Statutes.(Book Review)
July 1, 2003... by James A. Adams and Daniel D. Blinka The events of September 11, 2001, fundamentally changed the way the United States deals with one's right to be protected from unreasonable searches and the government's need to provide security for...

2002 Cumulative Supplement to the Fair Labor Standards Act.(Book Review)
July 1, 2003... The latest developments in Fair Labor Standards Act (FLSA) coverage and exemptions are addressed and examined in the new 2002 Cumulative Supplement to The Fair Labor Standards Act, published by BNA Books. The Fair Labor Standards Act is a...

Patent, Trademark, and Copyright Regulations.(Book Review)
July 1, 2003... All regulatory developments affecting patents, trademarks, and copyrights, issued under Vol. 37 of the Cede of Federal Regulations (CFR) from August 1, 2002, through February 1, 2003, are included in the February 2003 Supplement to Patent,...

The Art of Argument.(Book Review)
July 1, 2003... by Gary Fidel and Linda Cantoni The Art of Argument gives readers a no-nonsense method of argument. Using their experience as prosecutors in criminal cases, the authors present a set of easy-to-follow rules that can be applied to the...

Limited Liability Companies: A Planning and Drafting Guide.(Book Review)
July 1, 2003... by Steven C. Alberty Limited Liability Companies: A Planning and Drafting Guide focuses on the practical day-to-day issues needed to be covered to develop the LLC that best suits a client's needs. The book gives how-to advice on...

When Justice Prevails.(Book Review)
July 1, 2003... by C. Steven Yerrid This legal nonfiction work takes readers inside eight cases from the State of Florida's case against "Big Tobacco," to medical malpractice, personal injury, products liability, maritime catastrophe, and intellectual...