Florida Bar Journal articles from May 2002

Florida Bar Journal archives from May 2002

sThe privacy of health information: consents and authorizations under HIPAA.(Health Insurance Portability and Accountability Act of 1996)
May 1, 2002... Privacy of health information is an area of growing concern to most Americans. Vast quantities of patient information are now disclosed through a single stroke on the keyboard. The disclosure of such information may result in lost job...

The emergence of the helmet defense in Florida.(motorcycles)
May 1, 2002... Every March, thousands of motorcycle enthusiasts descend upon Daytona Beach, Florida, and the otherwise quiet Florida beachside community becomes the center of the motorcycle world. This March, for many of them it was the first time in years...

The international contract: knowing when, why, and how to "opt out" of the United Nations Convention on Contracts for the International Sale of Goods.
May 1, 2002... According to the U.S. International Trade Administration, Florida ranks ninth in the nation for exports. (1) Notably, two of the top countries of export destination from Florida--Mexico and Canada--as well as the United States, are among the 60...

RICO claims: the challenge of alleging the "pattern" element.(Racketeer Influenced and Corrupt Organizations Act)(federal and state civil RICO claims in commercial disputes)
May 1, 2002... The federal RICO legislation originated with Congress' resolve to give law enforcement adequate tools to deal with "organized crime." In the decades following the enactment of that legislation, law enforcement authorities, as expected, have...

Certifying questions to the Florida Supreme Court: what's so important?
May 1, 2002... So you receive the decision in the mail, and the only laudable thing about the opinion is that one was written. You scour the opinion for some rule of law, some fact that the panel overlooked. You find none. You then review the opinion again,...

Kuro and Muben-Lamar in the eye of the beholder?(transfer of interest in real property)(tax law)(Florida)
May 1, 2002... Is a transfer of an unencumbered interest in real property to a newly created or existing artificial person subject to the deed tax? If so, what is the consideration for the transfer? Two recent cases address this issue and, in the authors'...

Zero tolerance for victimization of students: the implications of House Bill 267 on juvenile offenders.(Florida)
May 1, 2002... In an effort to protect school-aged victims of crime, the Florida Legislature recently passed House Bill 267. Codified as F.S. [section] 232.265 (2001), effective October 1, 2001, the bill in essence mandates that Florida's public school...

Valuing economic damages in employment litigation from a plaintiff's perspective.(part 1)
May 1, 2002... Valuing economic damages in Title VII cases is more difficult than valuations of personal injury, medical malpractice, and product liability torts, and it is unlike valuing damages for any other plaintiff action (such as breach of contract)....

Per se violations of the Florida Deceptive and Unfair Trade Practices Act.
May 1, 2002... This article identifies three categories of "per se" violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), F.S. Ch. 501, Part II, with respect to what the text of FDUTPA indicates may be a basis for a statutory violation....

Freezing your assets off: a powerful remedy on thin ice.(family law)(Florida)
May 1, 2002... Family law proceedings assert enormous power, and none are more shocking to the unsophisticated litigant than a temporary injunction freezing all of his or her assets. Typically the businessman is sitting in his office a day or two after the...