Florida Bar Journal articles from May 2004

Florida Bar Journal archives from May 2004

Brown v. Board of Education: "separate but equal" has no place in our society.
May 1, 2004... I think I may have met the first African-American to obtain doctorate and master's degrees in ichthyology. While attending Florida Atlantic University during the early 70s, he shared that he would be the first African-American to obtain such...

Medical malpractice caps move from the legislature to the courts: will they survive?
May 1, 2004... In 2003, the Florida Legislature imposed statutory caps on noneconomic damages in medical malpractice cases. See F.S. [section] 766.118 (2003). Although the legislature attempted to make findings intended to ensure that the caps would survive...

Damages under FDUTPA.(Florida Deceptive and Unfair Trade Practices Act)
May 1, 2004... Florida's Deceptive and Unfair Trade Practices Act (FDUTPA), F.S. [subsection] 501.201 et seq., provides for recovery of "actual damages" by those suffering losses as the result of violations. In unfair methods of competition cases, where...

The final tax shelter disclosure rules: reporting, registration, and list maintenance requirements.
May 1, 2004... On February 28, 2003, the IRS issued final regulations under [subsection]6011, 6111, and 6112 of the Internal Revenue Code of 1986, as amended, in an effort to curb the well-publicized growth of aggressive tax avoidance strategies. The final...

Family law economics, child support, and alimony: ruminations on income.
May 1, 2004... Part I My economics of the family course covers the quantitative aspects of family law: Who gets what, who pays what, and why. To me, the quantitative aspects of family law and the practice of tax law are very similar. Both deal with...

P2P file sharing: direct and indirect copyright infringement.(peer-to-peer file sharing)
May 1, 2004... Some view the Internet as an abandoned warehouse filled with free pictures, music, video, and text files fixed on a hard disk somewhere out there in cyberspace. Granted, some files are not protected by copyright law because the material...

Adjudication of disputed issues of fact under the APA. (Administrative Procedure Act) (Florida)
May 1, 2004... There are many types of disputes arising between persons whose substantial interests are determined by an agency and the agency, that are subject to the Administrative Procedure Act, F.S. Ch. 120. These include, but are not limited to,...

The new permanent total disability standard in Florida workers' compensation cases: a framework for evaluating capability to engage in sedentary employment.
May 1, 2004... As of October 1, 2003, the significant issue for discussion in permanent total disability (PTD) cases will not be whether a claimant is capable of uninterrupted light work, or whether the claimant has conducted a lengthy and exhaustive but...

Durable powers of attorney: a less restrictive alternative?(Florida)
May 1, 2004... The viability of Florida's durable powers of attorney was put into question by Peter B. Tiernan in his article entitled "Florida Durable Powers of Attorney, Exploring the Limitations of an Agent's Authority."(1) According to Mr. Tiernan, as a...

Mental examinations in federal employment litigation.
May 1, 2004... Complete emotional tranquility is seldom attainable in the world, and some degree of transient and trivial emotional distress is a part of the price of living among people. The law intervenes only where the distress inflicted is so severe that...

Ten signs that you need an appellate lawyer.(Florida)
May 1, 2004... This article presents 10 signs to recognize that you need an appellate lawyer. It could also be titled "Lessons I (Should) Have Learned the Hard Way." Although occasional mention of federal court appellate procedure is made, the scope of this...