Florida Bar Journal articles from October 2007

Florida Bar Journal archives from October 2007

A life lived to the brim: remembering Bob Floyd.(Florida)(Testimonial)
October 1, 2007... 'Cheerful whistling" began the president's profile of Robert L. Floyd in the June 1978 Florida Bar Journal, and while many of us will remember this distinctive announcement that a friendly, outgoing man was coming our way, there is so much more...

Utilizing "special masters" in Florida: unanswered questions, practical considerations, and the order of appointment.
October 1, 2007... 'Masters" are adjuncts of the court, exercising limited judicial authority and appointed by the court to perform specific tasks. "Special masters" typically are appointed by the presiding judge to serve in specific cases. (1) "General masters"...

When do statutes of limitations apply in arbitration?
October 1, 2007... Construction contracts, attorney-client fee agreements, employment agreements, and stock brokerage agreements are examples of contracts that frequently contain arbitration clauses. Some of these contracts are negotiated at arm's length. Others...

In this digital ages, are we protecting tomorrow's "masterpieces"? Protection of the moral rights of the digital graphic artist.
October 1, 2007... "Technology, like art, is a soaring exercise of the human imagination. Art is the aesthetic ordering of experience to express meanings in symbolic terms, and the reordering of nature--the qualities of space and time--in new perceptual and...

Appeals of state agency immediate final orders and emergency suspension orders.(Florida)
October 1, 2007... In regulating businesses and professions, state agencies not only have the power to grant licenses; they also have the power to take licenses away. Often, when agencies do so, they revoke or limit a license through an "emergency" process, which...

Leveling the playing field: can Title VII work to increase minority coaching hires in NCAA athletics?
October 1, 2007... It has been 25 years since Justice Powell first approved the use of race to further an interest in student body diversity in the context of public higher education. Since that time, the number of minority applications with high grades and test...

House Bill 7203: growth management reform - fixing the glitches, pipelining, streamlining, and other evolutional changes.(Florida)
October 1, 2007... Florida's current growth management program was established in 1985 and has been amended several times since then. In 2005, the legislature enacted S.B. 360, which made a number of changes to the program, mainly to address the issue of...

Should you incorporate a personal power into your client's trust?
October 1, 2007... A settlor does not normally choose someone to be a trustee unless the settlor has a high degree of confidence in the person chosen. (1) Having stated the obvious, a "personal power," sometimes also referred to as a "confidential power" or a...

Are consequential damages recoverable from title insurers or has there been "a change in policy"?(Florida)
October 1, 2007... Title insurance plays an indispensable role in Florida's dynamic real estate industry. Yet title insurance differs fundamentally from all other forms of insurance, and its coverage is commonly misunderstood. It is fundamentally different in...

Not so fast! A closer look at section 440.105(4)(b)(9) reveals unauthorized workers should be precluded from workers' compensation benefits, under these circumstances.
October 1, 2007... Consider these facts. A prospective employee approaches a prospective employer about a job. The would-be employee completes a job application. He also provides the prospective employer with copies of his driver's license, Social Security card,...

Tempting God.(Book review)
October 1, 2007... Tempting God By Daniel Dearing Reviewed by Carrie May Poniewaz, Journal and News Law Clerk A psycho killer's bizarre inner ramblings and inexplicable violence make it tempting to stop reading after only a few pages. But those who can...

A Well-Paid Slave: Curt Flood's Fight for Free Agency in Professional Sports.(Book review)
October 1, 2007... A Well Paid Slave By Brad Snyder Reviewed by David Mandell In 1969, Curt Flood had achieved the American dream. A star outfielder for the St. Louis Cardinals, he enjoyed the fame of a major league ballplayer and a $90,000 salary....

Orange Blossom Jurisprudence.(Book review)
October 1, 2007... Orange Blossom Jurisprudence By Michael Cavendish Reviewed by J. Carter Andersen and Shane G. Ramsey Michael Cavendish has written a book that is a must read for all Florida lawyers and an insightful window into the philosophies of the...

Moving the "management and control" of a foreign corporation to achieve favorable U.S. tax results.(part 1)
October 1, 2007... There is a multitude of international tax provisions in the Internal Revenue Code (Code) where the U.S. federal income tax consequences of a particular transaction turn on where a foreign corporation is "created or organized." For example, in...

Nonmarital real estate: is the appreciation marital, nonmarital, or a combination of both?(Florida)
October 1, 2007... The recent skyrocketing rise in the value of Florida real estate has highlighted the issue of appreciation of nonmarital real property in the family law context. The issue of equitable distribution with respect to appreciation of real estate...

Your board of governors.(Florida)
October 1, 2007... The Florida Bar--both its operations and its Board of Governors--has evolved over the years in pursuit of the Bar's goals of better serving its members and the public. First, a quick review. The board has 51 voting members, including two...