Florida Bar Journal articles from March 2005

Florida Bar Journal archives from March 2005

Protecting our fair and independent judicial system.(President's Page)
March 1, 2005... The Florida Legislature begins its 60-day regular session later this month. The efforts by your Board of Governors to protect the core values of our profession are reflected in the board's legislative positions taken as of January. Those...

The attorney as "complete advisor": fiduciary ancillary business models.
March 1, 2005... According to a frequently quoted study by DALBAR, over the last 19 years the average equity investor earned a paltry 2.57 percent annually, compared to inflation of 3.14 percent annually and average annual returns of 12.22 percent for the S&P...

Foreign litigants seek forum to litigate: is Florida open for business?
March 1, 2005... A contract provision familiar to most lawyers is one that designates the forum for resolving disputes arising out of the contract. This type of provision often works in tandem with a provision that designates the law that will govern such...

Can two wrongs make a "right" to seek indemnification of punitive damages from a liability insurance carrier?
March 1, 2005... In various factual scenarios insured parties act in a wanton, reckless, or consciously indifferent manner. A common example of this situation arises in automobile accident cases where the defendant driver was intoxicated at the time of the...

Sale of personal goodwill - the executive's parachute.
March 1, 2005... The sale of personal goodwill is desirable by an executive because a) proceeds are generally taxable to the executive as long-term capital gains and not as ordinary income; b) funds are transferred directly from the buyer to the executive (and...

Valuing interest in tenancies by the entirety under craft.
March 1, 2005... In United States v. Craft, 535 U.S. 274 (2002), Mr. and Mrs. Craft owned Michigan real property as tenants by the entireties. During the marriage, Mr. Craft failed to pay federal income taxes for tax years 1979 through 1986 and in 1988, the...

Old McDonald still has a farm: agricultural property rights after the veto of S.B. 1712.
March 1, 2005... On July 8th, 2004, Governor Bush vetoed S.B. 1712, enacted by the legislature during the 2004 legislative session, which would have ensured agricultural landowners in Florida the right to develop their lands at levels equivalent to surrounding...

The status of nonconforming use law in Florida.
March 1, 2005... For the past 30 years, Floridians enticed by the lure of new homes, gated communities, and other amenities fled the coasts in a race to the center of the state. (1) As available land begins to run out, and faced with the reality of poor...

The Bench.(Book Review)
March 1, 2005... The Bench By Thomas E. Brennan Proving that some people can do just about everything, Justice Brennan, founder of Cooley School, excellent golfer and squash player, and former chief justice of the Michigan Supreme Court, has produced an...

Corrupted by Power: The Supreme Court and the Constitution.(Brief Article)(Book Review)
March 1, 2005... The Supreme Court and the Constitution By Robert E. Riggs In Corrupted by Power: The Supreme Court and the Constitution, Riggs shows how the Supreme Court has amended the Constitution by repudiating its previous decisions whenever past...

Elders on Trial: Age and Ageism in the American Legal System.(Brief Article)(Book Review)
March 1, 2005... Elders on Trial By Howard Eglit In Elders on Trial: Age and Ageism in the American Legal System, the author discusses the intersection of aging Americans with the U.S. legal systems to illuminate the consequences of a pervasive bias in...