Florida Bar Journal articles from November 2007

Florida Bar Journal archives from November 2007

A perfect 10: the Deficit Reduction Act of 2005 provides incentive for Florida to amend its own False Claims Act Legislation.
November 1, 2007... False claims lawsuits have long been a nemesis of medical providers and those who represent them, while simultaneously offering whistleblowers in the health care field the prospect of substantial financial reward for bringing qui tam actions....

Off the record.(appellate procedure)
November 1, 2007... Every good appellate lawyer knows that an appeal is constrained by the record formed below. This "duty of faithfulness to the record is paramount, superseding even loyalty to the appellate client." (1) Because of the importance of this settled...

Senate Bill 360 refined: the impact of the 2007 legislative session on local government growth management.(part 1)(Florida)
November 1, 2007... Three bills were adopted in the 2007 session of the Florida Legislature that affect municipal land use, planning, and zoning: House Bills 7203, 1375, and 985. (1) All were signed into law by Gov. Crist on June 19, 2007, and these bills make...

What every attorney needs to know about estate planning.
November 1, 2007... Since many (if not most) attorneys specialize in a fairly narrow area of the law, many attorneys do not focus on estate planning issues in their day-to-day practice. However, any attorney, even an attorney whose only experience with estate...

Ruberg, Parry, and the classification of unvested stock options.(Florida)
November 1, 2007... In Parry v. Parry, 933 So. 2d 9 (Fla. 2d DCA 2006), the Second District Court of Appeal completed a methodology for the classification of marital and nonmarital employment stock options that began in Ruberg v. Ruberg, 858 So. 2d 1147 (Fla. 2d...

Moving the "management and control" of a foreign corporation to achieve favorable U.S. tax results.(part 2)
November 1, 2007... Look-through Rule The controlled foreign corporation (CFC) could be owned by a company formed in a jurisdiction that has a comprehensive income tax treaty with the United States, provided that jurisdiction has a favorable "participation...

Stump Your Lawyer! A Quiz to Challenge the Legal Mind.(Brief article)(Book review)
November 1, 2007... Stump Your Lawyer! A Quiz to Challenge the Legal Mind By Howard Zaharoff For the lawyers who think they know it all, Stump Your Lawyer is an amusing and challenging tour of the quirks and curiosities of the legal system. This...

The Daughters of Juarez: A True Story of Serial Murder South of the Border.(Brief article)(Book review)
November 1, 2007... The Daughters of Juarez: A True Story of Serial Murder South of the Border By Teresa Rodriguez and Diana Montane with Lisa Pulitzer For more than 12 years, Juarez, a Mexican border city just across the Rio Grande from El Paso, Texas, has...

Jagged Rocks of Wisdom: Professional Advice for the New Lawyer.
November 1, 2007... Jagged Rocks of Wisdom: Professional Advice for the New Lawyer By Morten Lund The Young Lawyer's Jungle Book: A Survival Guide, Second Edition By Thane Josef Messinger Who says there's no how-to manual for new lawyers just starting...

On Behalf of Children: A History of Judicial Activism in the Dade County Juvenile Court.(Brief article)(Book review)
November 1, 2007... On Behalf of Children: A History of Judicial Activism in the Dade County Juvenile Court By Seymour Gelber Through profiles of those who led the movement to achieve justice for children, this book provides a detailed background. Beginning...

The Creative Lawyer: A Practical Guide to Authentic Professional Satisfaction.(Brief article)(Book review)
November 1, 2007... The Creative Lawyer: A Practical Guide to Authentic Professional Satisfaction By Michael F. Melcher Released by the American Bar Association, The Creative Lawyer: A Practical Guide to Authentic Professional Satisfaction, is a practical,...

Giving more than thanks.(Florida)(President's page)
November 1, 2007... Thanksgiving is the time we set aside to consider our blessings as a nation and as individuals, to count the blessings within our communities, our families and ourselves. It has become a favorite holiday in the United States because of its...

"Our federalism": the Younger abstention doctrine and its companions.
November 1, 2007... In the United States, our legal system incorporates two parallel judicial processes, consisting of a federal and a state court system--each state having its own separate structure. Since 1941, there has been significant recognition of...