Florida Bar Journal articles from March 2004

Florida Bar Journal archives from March 2004

Diversity in the legal profession.(President's Page)
March 1, 2004... A few months ago I attended a luncheon where the topic was diversity on the Florida bench, or more accurately, the lack of it. Although great strides have been made, there is still much work to do until our state's judiciary reflects the...

"Justice for all Floridians," an educational tool kit.
March 1, 2004... As the Florida Legislature faces the challenge of funding the judicial branch of government to comply with Revision 7, which calls for the state to take over more funding of the trial courts from counties, the Supreme Court Article V...

Asking for written opinion from a court that has chosen not to write one.
March 1, 2004... Florida's appellate rule governing motions for rehearing was amended, effective January 1, 2003, to add the following language to Rule 9.330(a): When a decision is entered without opinion, and a party believes that a written opinion would...

The common quest for professionalism.
March 1, 2004... The legal professionalism movement in the United States is now almost 20 years old. It is generally traceable to the American Bar Association Commission on Professionalism, which was authorized by the ABA Board of Governors in December 1984, at...

View from the wheelhouse: the role of court administration in the management, independence, and accountability of the courts.(Florida)
March 1, 2004... Floridians, like most Americans, have high expectations of their courts. These expectations are deeply rooted, reflecting the strong value Americans place on fairness, equal treatment, and open government. While Florida's courts have...

Constitutional requirements for punitive damages.
March 1, 2004... In the November 2003 article "Gore, Cooper Industries, and State Farm v. Campbell--Game, Set, and Match for Exorbitant Punitive Damage Awards, author John Kolinski spins the Supreme Court's decision in State Farm v. Campbell, 123 S. Ct. 1513...

Analysis of asset protection plans for physician practice groups: asset protection planning for physician practice groups is complex because it requires extensive knowledge of taxation, employment benefits, corporate law, and fraudulent conveyance law.
March 1, 2004... As many physicians understand, medical malpractice awards have risen dramatically, insurance premiums have increased exponentially, and a substantial number of medical malpractice insurers have ceased providing insurance in Florida. Between...

Can FIRPTA be avoided with financial instruments?(Foreign Investment in Real Property Tax Act)
March 1, 2004... With the continuing uncertainty in the stock markets, both in the United States and abroad, many investors are looking for safer places to invest their money, such as real estate. Nowhere is this more evident than in the case of foreign persons...

The complaint for a pure bill of discovery: a living, breathing modern day dinosaur?
March 1, 2004... This article examines the ancient equitable remedy known as a pure bill of discovery. A pure bill of discovery is initiated by filing a complaint which seeks relief in the form of discovery. It is usually brought to obtain disclosure of facts...

A lawyer's guide to assessing dangerousness for domestic violence.
March 1, 2004... A woman is beaten in her own home so severely by her husband that she suffers a bloodied, black eye and a fractured arm, because he does not like the clothes she put on that day. Their two minor children stand by, eyes wide open, frightened...

Rule-challenge standing after NAACP, Inc. v. Florida Board of Regents.
March 1, 2004... There are more general0 guidelines than bright lines in the case law on standing to challenge the validity of proposed or existing administrative rules under F.S. [section] 120.56. With the Florida Supreme Court's recent decision in NAACP, Inc....

It's not your father's summary judgment: recent developments in the use of summary judgment to resolve employment discrimination cases.
March 1, 2004... Lawyers who have practiced employment law for more than a few years have witnessed a dramatic change in the use of summary judgment to resolve employment discrimination disputes. As recently as five years ago, it was not unusual to find courts...