Florida Bar Journal articles from June 2002

Florida Bar Journal archives from June 2002

Agency substantive jurisdiction: the more things change ...(Florida)
June 1, 2002... Recent decisions by Florida's appellate courts in Barfield v. Department of Health, 805 So. 2d 1008 (Fla. 1st DCA 2001), and Deep Lagoon Boat Club, Ltd. v. Sheridan, 784 So. 2d 1140 (Fla. 2d DCA 2001), have brought to the spotlight the issue of...

Environmental regulation in Florida's coastal zone: you ain't seen nothin' yet.(citizen suits)
June 1, 2002... A powerful trend is emerging in maritime environmental law. This trend will be accompanied by increased exposure to citizen suits; it will unmistakably change the way business is done along the coast of Florida. This article describes some of...

Five easy pieces: advice for getting your case to the appellate court (and back again) intact.(Florida)
June 1, 2002... The appellate process is, in theory, a model of simplicity: a maximum of three briefs and maybe an oral argument. Even an appeal suffering from "acute motion sickness" (1) is less procedurally complex than the average trial. But the devil,...

Valuing economic damages in employment litigation from a plaintiff's perspective.(part 2)
June 1, 2002... Part I of this article [May] showed the valuation issues that drive the analysis of economic damages. It showed why the Title VII valuation is unique. The uniqueness of the Title VII valuation requires that a special valuation report format be...

Marriage, minimum distributions, and mayhem: a discussion of IRAs under Florida's new elective share statute.
June 1, 2002... On October 1, 2001, Florida's new elective share statute, new F.S. [section] 732.2035(7), became effective. To most, this would not seem to be an event of utmost significance, but to those of us dealing in the world of IRA administration every...

"Pay-when-paid" construction contract requirement: bane of the subcontractor's existence.(Florida)
June 1, 2002... Increasingly, subcontractors are finding it more difficult to cope with the ever-present and potentially fatal "pay-when-paid" provision in their agreements with general contractors. Much has been written about this contract clause by jurists...

Practice Checklist Manual on Alternative Dispute Resolution.
June 1, 2002... ALI-ABA has published the Practice Checklist Manual on Alternative Dispute Resolution offering "everything from drafting an arbitration agreement to arbitrating a sexual harassment case." The manual publishes 10 ADR forms and sample...

The 2001 Cumulative Supplement to Trade Secrets: A State-by-State Survey.
June 1, 2002... The 2001 Cumulative Supplement to Trade Secrets: A State-by-State Survey, published by BNC Books, offers comprehensive, in-depth analysis of each state's statutory and common law protection for trade secrets and other confidential business...