The Florida Bar
www.floridabar.org
The Florida Bar Journal
December, 2012 Volume 86, No. 10
Index to Vol. 86 of The Florida Bar Journal (2012)

Page 61

Author Index

Key: January, Ja; February, F; March, Mr; April, Ap; May, My; June, Je; July/August, Jy/Ag; September/October, S/O; November, N; December, D

A Journal search engine is available at floridabar.org/journal.


A
Allen, D. Matthew
Nature of the Beast: Recurrent Ethical Issues Confronting Attorneys Attempting to Settle Florida Class Actions F 36

Altenbernd, Chris W.
Certiorari Review of Nonfinal Orders: Does One Size Really Fit All? Part I F 21
Part II Mr 14

B
Barrett, James H.
The Tax Benefits and Obstacles to U.S. Businesses in Transferring Foreign Intellectual Property to Foreign Affiliates My 40

Blackwell, Donald A.
Mandatory Injunctions: The Forgotten Art of Putting the Horse Back in the Proverbial Barn My 18

Bowman, Scott Andrew
Should I Stay or Should I Go? Tax Considerations in U.S. Expatriation S/O 48

Brodsky, Benjamin H.
Caught in the Web of Florida’s Statutory Proceedings Supplementary: Procedural and Constitutional Problems Facing Impleaded Third Parties D 28

Broome, Zach
A Horse Is a Horse, of Course, of Course, But Is It Agriculture? Whether Ranches Dedicated to Abused, Abandoned, and Aging Horses Qualify for “Agricultural” Classifications Under Florida’s Greenbelt Law F 10

Brown, Mark A.
Are Consequential Damages Recoverable Under a Title Insurance Policy for the Time It Takes to Attempt to Cure a Title Defect? Jy/Ag 47

Bruce, Christopher R.
Is Childbirth an Unbridled Key to Forum Shopping? Ja 24

Bruce, Katherine E.
Is Childbirth an Unbridled Key to Forum Shopping? Ja 24

Brunner, S. Dresden
Estate Planning Issues in a Dissolution of Marriage F 26

C
Campbell, Sarah J.
The Use of Next Friends to Seek
Appointment of Counsel for Dependent Children Who Are Incapable or Unable to Request Appointment of Counsel My 46

Canter, Bram D. E.
Practice Pointers for Administrative Hearings: Use of Exhibits Jy/Ag 32

Carroll, Jennifer S.
An Appellate Lawyer’s Top 10 Land Mines in Civil Litigation Jy/Ag 43

Chisenhall, Garnett
Practice Tips for Private Attorneys New to Administrative Law S/O 61

Close, Jeffery C.
CERCLA’s Rock and Hard Place: A Look at the Interpretive Conundrum Created by the “Innocent Landowner” Provision Ap 31

Coller, Craig H.
FLUEDRA: Flawed, but Fixable? Je 85

Colton, Roberta A.
Is Bankruptcy Court Jurisdiction in Flux Because of Anna Nicole Smith? Ja 36

Cossey, Joshua A.
A Horse Is a Horse, of Course, of Course, But Is It Agriculture? Whether Ranches Dedicated to Abused, Abandoned, and Aging Horses Qualify for “Agricultural” Classifications Under Florida’s Greenbelt Law F 10

Creed, Rebecca Bowen
New Appellate Rule for Probate and Guardianship Proceedings S/O 58

Cuello, Alex
The Long-standing Concept of “Abandonment” of the Homestead Did Not Survive the 1985 Amendments to the Florida Constitution D 37

E
Eagleton, Joseph T.
Walking on Sunshine Laws: How Florida’s Free Press History in the U.S. Supreme Court Undermines Open Government S/O 22

Easley, Dorothy F.
Appellate Stays in Civil Cases: Florida and Federal Courts Offer More Security Flexibility than Believed, But Stay Violations Still Have Teeth D 48

Eng, Donna L.
The Unsettled State of Pregnancy Discrimination Claims Under the Florida Civil Rights Act of 1992 S/O 54

F
Fleurantin, Larry R.
The Debate Continues on Whether to Remand Family Law Cases with Inadequate Findings My 27

Forsythe, Ian
Lender Liability for Merchant Misconduct in Consumer Transactions N 10

G
Glasglow, Jeffrey W.
Success in Litigating Local Permit Denials: Alternative Theories of Obtaining Justice D 20

Goldberger, Scott L.
Estate Planning: The Clock Is Ticking — Use It or Lose It Before 2013 F 31

Good, Margaret Rowell
Loyalty to the Process: Advocacy and Ethics in the Age of E-discovery Je 96

H
Hadjilogiou, Steven
The Tax Benefits and Obstacles to U.S. Businesses in Transferring Foreign Intellectual Property to Foreign Affiliates My 40

Hampton, Caycee D.
A Grave Situation: Protecting the Deceased and Their Final Resting Places from Destruction N 35

Harkness, John F., Jr.
In Memoriam: Marshall R. Cassedy F 9

Harris, J. B.
Engle v. Liggett: Has Big Tobacco Finally Met Its Match? N 20

Hawkins, Scott G.
Back to the Future — It’s About Leadership Je 4
Demystifying What Judges Do Mr 4
Fair, Civil, a Person of Integrity: Are You? Ja 6
To Retain or Not to Retain — That Is the Question Ap 4
“When Pride Still Mattered” F 6
Why Do We Trust Judges? My 4

Hearing, Gregory A.
The Times They Are a Changin’: The Impact of Technology and Social Media on the Public Workplace, Part I Mr 35
Part II Ap 20

Ho, Christine M.
The Most Efficient Way to Litigate a Dispute Between Business Partners with Axes to Grind: Partnership Accountings Jy/Ag 22

Hodge, Nancy C.
A Grave Situation: Protecting the Deceased and Their Final Resting Places from Destruction N 35

Huber, Andrew T.
Estate Planning with Portability in Mind, Part I Mr 29
Part II Ap 25

Hurley, Suzanne Suarez
Advancing the Legal Profession with Typography N 53

I
Ice, Thomas E.
Negotiating the American Dream: A Critical Look at the Role of Negotiability in the Foreclosure Crisis D 8

J
Jablow, Benjamin A.
The Florida Estate Tax: Updated
Ja 21

Jacobowitz, Jan L.
“As the Twig Is Bent”: Law Student Insights Regarding Pro Bono and Public Interest Law My 50

Jones, Annie Butterworth
Ricky Polston: Chief Justice of the Florida Supreme Court S/O 10

K
Kanouse, Keith J.
FTC’s New Business Opportunity Rule:
Reduced Disclosure But Increased Coverage Ap 36

Karibjanian, George D.
Estate Planning for Same-sex Partners Je 91

Kauffman, Ronald H.
Bleeding Grandparent Visitation Rights S/O 42

Kerbel, Dennis A.
FLUEDRA: Flawed, but Fixable? Je 85

Kibert, Nicole C.
Greening Your Law Firm D 53

Kinni, Patrick T.
Brock v. Board of County Com’rs of Collier County: A Case for Reconciliation D 41

Kirkwood, Allison L.
Nature of the Beast: Recurrent Ethical Issues Confronting Attorneys Attempting to Settle Florida Class Actions F 36

L
Law, Lester B.
Estate Planning with Portability in Mind, Part I Mr 29
Part II Ap 25

Lee, Kurt E.
It Ain’t Over ’Til It’s Over: The Common Law Exception to the Right of Voluntary Dismissal of Civil Actions Ja 42

Leiby, Larry R.
When Is a “Final Construction Lien Release” Really Final? Ja 18

Lieb, Stephanie C.
Is Bankruptcy Court Jurisdiction in Flux Because of Anna Nicole Smith? Ja 36

Lippincott, Marcia K.
Don’t Let the Blindfold Slip: A Guide to Judicial Disqualification Ap 8

M
Mahle, Stephen E.
The “Pure Opinion” Exception to the Florida Frye Standard F 41

Marcario, Jamie
Certiorari Review of Nonfinal Orders: Does One Size Really Fit All? Part I F 21
Part II Mr 14

Mark, Etan
Qué RICO? Discarding the Fallacy that Florida RICO and Federal RICO Are Identical Ja 10

Martinez, Stephanie
Mandatory Injunctions: The Forgotten Art of Putting the Horse Back in the Proverbial Barn My 18

McCoy, Mac R.
Nature of the Beast: Recurrent Ethical Issues Confronting Attorneys Attempting to Settle Florida Class Actions F 36

McLaren, Scott A.
Success in Litigating Local Permit Denials: Alternative Theories of Obtaining Justice D 20

Miller, Mark
Florida Appellate Rules Should Allow for Interlocutory Appeal of Decisions to Deny Jury Trial N 30

Mitchell, Mark S.
Recent Changes to Florida’s Wage Garnishment Exemption N 27

N
Nelson, Barry A.
Bacardi on the Rocks Mr 21

Newton, William H., III
Use of Disclaimers by U.S. Persons in the International Context D 45

O
Olexa, Michael T.
A Grave Situation: Protecting the Deceased and Their Final Resting Places from Destruction N 35
A Horse Is a Horse, of Course, of Course, But Is It Agriculture? Whether Ranches Dedicated to Abused, Abandoned, and Aging Horses Qualify for “Agricultural” Classifications Under Florida’s Greenbelt Law F 10

Owens, Tracey L.
A Grave Situation: Protecting the Deceased and Their Final Resting Places from Destruction N 35

P
Peltz, Robert D.
Who Is This Guy Touhy, and What Am I Supposed To Be Requesting? My 8

Percopo, Joseph M.
The Impact of Co-ownership on Florida Homestead My 32

Pratt, David
Estate Planning: The Clock Is Ticking — Use It or Lose It Before 2013 F 31

Price, Ned. I.
Binding Arbitration, Voluntary Trial Resolution, and Med-arb Proceedings in Family Law N 48

Pudlow, Jan
Gwynne Alice Young: President of The Florida Bar Jy/Ag 8

R
Richardson, Jennifer Shoaf
New Appellate Rule for Probate and Guardianship Proceedings S/O 58

Rosenberg, Robin L.
The Use of Next Friends to Seek Appointment of Counsel for Dependent Children Who Are Incapable or Unable to Request Appointment of Counsel My 46

Roshkind, Lindsay A.
Estate Planning: The Clock Is Ticking — Use It or Lose It Before 2013 F 31

Rossbach, Monica F.
Qué RICO? Discarding the Fallacy that Florida RICO and Federal RICO Are Identical Ja 10

Rowlson, Brian M.
Public Private Partnerships: The Future of Public Construction in Florida? Jy/Ag 36

Rubinger, Jeffrey L.
Repatriation of Profits to Latin America: Who Needs Treaties! N 43

Russo, Anthony J.
The Stay of Judgments and Proceedings in Florida State Courts Ja 31

S
Salter, Vance E.
“As the Twig Is Bent”: Law Student Insights Regarding Pro Bono and Public Interest Law My 50

Schwartz, Darren A.
Gross v. FBL Financial Services, Inc.: Time to Apply the “But For” Burden of Proof to FCRA Discrimination Claims Jy/Ag 55

Smallwood, Katherine
A Horse Is a Horse, of Course, of Course, But Is It Agriculture? Whether Ranches Dedicated to Abused, Abandoned, and Aging Horses Qualify for “Agricultural” Classifications Under Florida’s Greenbelt Law F 10

Smart, Christopher W.
Are Consequential Damages Recoverable Under a Title Insurance Policy for the Time It Takes to Attempt to Cure a Title Defect? Jy/Ag 47

Sobczak, Tim W.
It Ain’t Over ’Til It’s Over: The Common Law Exception to the Right of Voluntary Dismissal of Civil Actions Ja 42

T
Tan, Shannon
Don’t Waive Your Appeal: A Guide to Preserving Trial Error Ap 16

U
Ussery, Brian C.
The Times They Are a Changin’: The Impact of Technology and Social Media on the Public Workplace, Part I Mr 35
Part II Ap 20

W
Wolper, Matthew
“Manifest Disregard”: Not Yet Entirely Disregarded S/O 36

Wozniak, Carrie Ann
Amicus Briefs: What Have They Done for Courts Lately? Je 81

Y
Young, Gwynne A.
Beyond the 2012 Ballot: The Bar’s Voter Education Efforts Must Continue D 4
Thou Shalt Not Ration Justice Jy/Ag 4
Walking Together on the Path to Unity N 6
The Vote’s in YOUR COURT and the Vote Is Coming Soon S/O 6

Young, Thomas Wade
Ruminations on the Relationship Between the Economic Loss Rule and Claims for Breach of Fiduciary Duty Mr 8




Subject Index

A
Administrative Law
Advancing the Legal Profession with Typography N 53

Practice Pointers for Administrative Hearings: Use of Exhibits Jy/Ag 32

Practice Tips for Private Attorneys New to Administrative Law S/O 61

Adoption
The Use of Next Friends to Seek Appointment of Counsel for Dependent Children Who Are Incapable or Unable to Request Appointment of Counsel My 46

Agriculture
A Horse Is a Horse, of Course, of Course, But Is It Agriculture? Whether Ranches Dedicated to Abused, Abandoned, and Aging Horses Qualify for “Agricultural” Classifications Under Florida’s Greenbelt Law F 10

Amendments
CERCLA’s Rock and Hard Place: A Look at the Interpretive Conundrum Created by the “Innocent Landowner” Provision Ap 31

The Long-standing Concept of “Abandonment” of the Homestead Did Not Survive the 1985 Amendments to the Florida Constitution D 37

Amicus Briefs
Amicus Briefs: What Have They Done for Courts Lately? Je 81

Annual Reports
Annual Reports of Committees of The Florida Bar Je 34

Annual Reports of Sections and Divisions of The Florida Bar Je 10

Appellate Practice
Amicus Briefs: What Have They Done for Courts Lately? Je 81

An Appellate Lawyer’s Top 10 Land Mines in Civil Litigation Jy/Ag 43

Appellate Stays in Civil Cases: Florida and Federal Courts Offer More Security Flexibility than Believed, But Stay Violations Still Have Teeth D 48

Certiorari Review of Nonfinal Orders: Does One Size Really Fit All? Part I F 21

Part II Mr 14

Don’t Waive Your Appeal: A Guide to Preserving Trial Error Ap 16

Florida Appellate Rules Should Allow for Interlocutory Appeal of Decisions to Deny Jury Trial N 30

New Appellate Rule for Probate and Guardianship Proceedings S/O 58

The Debate Continues on Whether to Remand Family Law Cases with Inadequate Findings My 27

The Stay of Judgments and Proceedings in Florida State Courts Ja 31

Arbitration
Binding Arbitration, Voluntary Trial Resolution, and Med-arb Proceedings in Family Law N 48

“Manifest Disregard”: Not Yet Entirely Disregarded S/O 36

B
Bankruptcy
Is Bankruptcy Court Jurisdiction in Flux Because of Anna Nicole Smith? Ja 36

Burial
A Grave Situation: Protecting the Deceased and Their Final Resting Places from Destruction N 35

Business Law
FTC’s New Business Opportunity Rule: Reduced Disclosure But Increased Coverage Ap 36

Is Bankruptcy Court Jurisdiction in Flux Because of Anna Nicole Smith? Ja 36

Recent Changes to Florida’s Wage Garnishment Exemption N 27

The “Pure Opinion” Exception to the Florida Frye Standard F 41

The Tax Benefits and Obstacles to U.S. Businesses in Transferring Foreign Intellectual Property to Foreign Affiliates My 40

C

Certiorari
Certiorari Review of Nonfinal Orders: Does One Size Really Fit All? Part I F 21

Part II Mr 14

Child Custody
Is Childbirth an Unbridled Key to Forum Shopping? Ja 24

Citizenship
Should I Stay or Should I Go? Tax Considerations in U.S. Expatriation S/O 48

Civil
An Appellate Lawyer’s Top 10 Land Mines in Civil Litigation Jy/Ag 43

Appellate Stays in Civil Cases: Florida and Federal Courts Offer More Security Flexibility than Believed, But Stay Violations Still Have Teeth D 48

It Ain’t Over ’Til It’s Over: The Common Law Exception to the Right of Voluntary Dismissal of Civil Actions Ja 42

Qué RICO? Discarding the Fallacy that Florida RICO and Federal RICO Are Identical Ja 10

Civil Rights
The Unsettled State of Pregnancy Discrimination Claims Under the Florida Civil Rights Act of 1992 S/O 54

Class Action
Nature of the Beast: Recurrent Ethical Issues Confronting Attorneys Attempting to Settle Florida Class Actions F 36

Climate Change
Greening Your Law Firm D 53

Common Law
It Ain’t Over ’Til It’s Over: The Common Law Exception to the Right of Voluntary Dismissal of Civil Actions Ja 42

Lender Liability for Merchant Misconduct in Consumer Transactions N 10

Communications
Back to the Future — It’s About Leadership Je 4

Construction
Public Private Partnerships: The Future of Public Construction in Florida? Jy/Ag 36

When Is a “Final Construction Lien Release” Really Final? Ja 18

Contracts
Ruminations on the Relationship Between the Economic Loss Rule and Claims for Breach of Fiduciary Duty Mr 8

Courts
Amicus Briefs: What Have They Done for Courts Lately? Je 81

D
Debt
Recent Changes to Florida’s Wage Garnishment Exemption N 27

Discrimination
Gross v. FBL Financial Services, Inc.: Time to Apply the “But For” Burden of Proof to FCRA Discrimination Claims Jy/Ag 55

The Unsettled State of Pregnancy Discrimination Claims Under the Florida Civil Rights Act of 1992 S/O 54

Diversity
Walking Together on the Path to Unity N 6

Divorce
Bacardi on the Rocks Mr 21

Estate Planning Issues in a Dissolution of Marriage F 26

E
Elder Law
The Long-standing Concept of “Abandonment” of the Homestead Did Not Survive the 1985 Amendments to the Florida Constitution D 37

Employment Law
Gross v. FBL Financial Services, Inc.: Time to Apply the “But For” Burden of Proof to FCRA Discrimination Claims Jy/Ag 55

The Times They Are a Changin’: The Impact of Technology and Social Media on the Public Workplace, Part I Mr 35

Part II Ap 20

The Unsettled State of Pregnancy Discrimination Claims Under the Florida Civil Rights Act of 1992 S/O 54

Environmental Law
CERCLA’s Rock and Hard Place: A Look at the Interpretive Conundrum Created by the “Innocent Landowner” Provision Ap 31

Greening Your Law Firm D 53

Estate Planning
Bacardi on the Rocks Mr 21

Estate Planning for Same-sex Partners Je 91

Estate Planning Issues in a Dissolution of Marriage F 26

Estate Planning: The Clock Is Ticking — Use It or Lose It Before 2013 F 31

Estate Planning with Portability in Mind, Part I Mr 29

Part II Ap 25

The Florida Estate Tax: Updated Ja 21

Use of Disclaimers by U.S. Persons in the International Context D 45

Ethics
Don’t Let the Blindfold Slip: A Guide to Judicial Disqualification Ap 8

Loyalty to the Process: Advocacy and Ethics in the Age of E-discovery Je 96

Nature of the Beast: Recurrent Ethical Issues Confronting Attorneys Attempting to Settle Florida Class Actions F 36

Evidence
Don’t Waive Your Appeal: A Guide to Preserving Trial Error Ap 16

Loyalty to the Process: Advocacy and Ethics in the Age of E-discovery Je 96

Practice Pointers for Administrative Hearings: Use of Exhibits Jy/Ag 32

The “Pure Opinion” Exception to the Florida Frye Standard F 41

Thou Shalt Not Ration Justice Jy/Ag 4

“When Pride Still Mattered” F 6

Who Is This Guy Touhy, and What Am I Supposed To Be Requesting? My 8

Expatriation
Should I Stay or Should I Go? Tax Considerations in U.S. Expatriation S/O 48

F
Family Law
Binding Arbitration, Voluntary Trial Resolution, and Med-arb Proceedings in Family Law N 48

Bleeding Grandparent Visitation Rights S/O 42

Estate Planning for Same-sex Partners Je 91

Estate Planning Issues in a Dissolution of Marriage F 26

Is Childbirth an Unbridled Key to Forum Shopping? Ja 24

The Debate Continues on Whether to Remand Family Law Cases with Inadequate Findings My 27

First Amendment
Walking on Sunshine Laws: How Florida’s Free Press History in the U.S. Supreme Court Undermines Open Government S/O 22

Foster Care
The Use of Next Friends to Seek Appointment of Counsel for Dependent Children Who Are Incapable or Unable to Request Appointment of Counsel My 46

Florida Bar, The
Gwynne Alice Young: President of The Florida Bar Jy/Ag 8

In Memoriam: Marshall R. Cassedy F 9

Thou Shalt Not Ration Justice Jy/Ag 4

Foreclosure
Negotiating the American Dream: A Critical Look at the Role of Negotiability in the Foreclosure Crisis D 8

G
Garnishment
Recent Changes to Florida’s Wage Garnishment Exemption N 27

General Practice
A Grave Situation: Protecting the Deceased and Their Final Resting Places from Destruction N 35

Grandparents
Bleeding Grandparent Visitation Rights S/O 42

Gravesites
A Grave Situation: Protecting the Deceased and Their Final Resting Places from Destruction N 35

Government Law
FLUEDRA: Flawed, but Fixable? Je 85

Guardianship
New Appellate Rule for Probate and Guardianship Proceedings S/O 58

H
Homestead
The Impact of Co-ownership on Florida Homestead My 32

The Long-standing Concept of “Abandonment” of the Homestead Did Not Survive the 1985 Amendments to the Florida Constitution D 37

I
Income Tax
Repatriation of Profits to Latin America: Who Needs Treaties! N 43

Injunction
Mandatory Injunctions: The Forgotten Art of Putting the Horse Back in the Proverbial Barn My 18

Insurance
Are Consequential Damages Recoverable Under a Title Insurance Policy for the Time It Takes to Attempt to Cure a Title Defect? Jy/Ag 47

Intellectual Property
The Tax Benefits and Obstacles to U.S. Businesses in Transferring Foreign Intellectual Property to Foreign Affiliates My 40

International Law
Use of Disclaimers by U.S. Persons in the International Context D 45

J
Judges/Judiciary
Beyond the 2012 Ballot: The Bar’s Voter Education Efforts Must Continue D 4

Demystifying What Judges Do Mr 4

Don’t Let the Blindfold Slip: A Guide to Judicial Disqualification Ap 8

Ricky Polston: Chief Justice of the Florida Supreme Court S/O 10

The Vote’s in YOUR COURT and the Vote Is Coming Soon S/O 6

To Retain or Not to Retain — That Is the Question Ap 4

Why Do We Trust Judges? My 4

L
Land Use
CERCLA’s Rock and Hard Place: A Look at the Interpretive Conundrum Created by the “Innocent Landowner” Provision Ap 31

A Horse Is a Horse, of Course, of Course, But Is It Agriculture? Whether Ranches Dedicated to Abused, Abandoned, and Aging Horses Qualify for “Agricultural” Classifications Under Florida’s Greenbelt Law F 10

Success in Litigating Local Permit Denials: Alternative Theories of Obtaining Justice D 20

Law School
“As the Twig Is Bent”: Law Student Insights Regarding Pro Bono and Public Interest Law My 50

Legislation
Caught in the Web of Florida’s Statutory Proceedings Supplementary: Procedural and Constitutional Problems Facing Impleaded Third Parties D 28

CERCLA’s Rock and Hard Place: A Look at the Interpretive Conundrum Created by the “Innocent Landowner” Provision Ap 31

Is Bankruptcy Court Jurisdiction in Flux Because of Anna Nicole Smith? Ja 36

Estate Planning: The Clock Is Ticking — Use It or Lose It Before 2013 F 31

Liability
Lender Liability for Merchant Misconduct in Consumer Transactions N 10

The Most Efficient Way to Litigate a Dispute Between Business Partners with Axes to Grind: Partnership Accountings Jy/Ag 22

Lien
When Is a “Final Construction Lien Release” Really Final? Ja 18

Litigation
An Appellate Lawyer’s Top 10 Land Mines in Civil Litigation Jy/Ag 43

Are Consequential Damages Recoverable Under a Title Insurance Policy for the Time It Takes to Attempt to Cure a Title Defect? Jy/Ag 47

Practice Tips for Private Attorneys New to Administrative Law S/O 61

The Most Efficient Way to Litigate a Dispute Between Business Partners with Axes to Grind: Partnership Accountings Jy/Ag 22

The Stay of Judgments and Proceedings in Florida State Courts Ja 31

Local Government
Brock v. Board of County Com’rs of Collier County: A Case for Reconciliation D 41

FLUEDRA: Flawed, but Fixable? Je 85

Success in Litigating Local Permit Denials: Alternative Theories of Obtaining Justice D 20

M
Manifest Disregard
“Manifest Disregard”: Not Yet Entirely Disregarded S/O 36

Media
Walking on Sunshine Laws: How Florida’s Free Press History in the U.S. Supreme Court Undermines Open Government S/O 22

Mediation
Binding Arbitration, Voluntary Trial Resolution, and Med-arb Proceedings in Family Law N 48

Memoriam
In Memoriam: Marshall R. Cassedy F 9

Merit Retention
Back to the Future — It’s About Leadership Je 4

Beyond the 2012 Ballot: The Bar’s Voter Education Efforts Must Continue D 4

Demystifying What Judges Do Mr 4

The Vote’s in YOUR COURT and the Vote Is Coming Soon S/O 6

To Retain or Not to Retain — That Is the Question Ap 4

Why Do We Trust Judges? My 4

N
Negotiability

Negotiating the American Dream: A Critical Look at the Role of Negotiability in the Foreclosure Crisis D 8

O
Oath of Admission
Fair, Civil, a Person of Integrity: Are You? Ja 6

P
Paternity
Is Childbirth an Unbridled Key to Forum Shopping? Ja 24

Portability
Estate Planning with Portability in Mind, Part I Mr 29
Part II Ap 25

President, The Florida Bar
Back to the Future — It’s About Leadership Je 4

Beyond the 2012 Ballot: The Bar’s Voter Education Efforts Must Continue D 4

Demystifying What Judges Do Mr 4

Fair, Civil, a Person of Integrity: Are You? Ja 6

Gwynne Alice Young: President of The Florida Bar Jy/Ag 8

The Vote’s in YOUR COURT and the Vote Is Coming Soon S/O 6

Thou Shalt Not Ration Justice Jy/Ag 4

To Retain or Not to Retain — That Is the Question Ap 4

Walking Together on the Path to Unity N 6

“When Pride Still Mattered” F 6

Why Do We Trust Judges? My 4

Probate
New Appellate Rule for Probate and Guardianship Proceedings S/O 58

Pro Bono
“As the Twig Is Bent”: Law Student Insights Regarding Pro Bono and Public Interest Law My 50

Walking Together on the Path to Unity N 6

Professionalism
Fair, Civil, a Person of Integrity: Are You? Ja 6

“When Pride Still Mattered” F 6

Public Interest Law
“As the Twig Is Bent”: Law Student Insights Regarding Pro Bono and Public Interest Law My 50

The Use of Next Friends to Seek Appointment of Counsel for Dependent Children Who Are Incapable or Unable to Request Appointment of Counsel My 46

R

Racketeering
Qué RICO? Discarding the Fallacy that Florida RICO and Federal RICO Are Identical Ja 10

Real Property
Are Consequential Damages Recoverable Under a Title Insurance Policy for the Time It Takes to Attempt to Cure a Title Defect? Jy/Ag 47

Negotiating the American Dream: A Critical Look at the Role of Negotiability in the Foreclosure Crisis D 8

Public Private Partnerships: The Future of Public Construction in Florida? Jy/Ag 36

When Is a “Final Construction Lien Release” Really Final? Ja 18

Rebuttal
Practice Pointers for Administrative Hearings: Use of Exhibits Jy/Ag 32

Recusal
Don’t Let the Blindfold Slip: A Guide to Judicial Disqualification Ap 8

Records
Who Is This Guy Touhy, and What Am I Supposed To Be Requesting? My 8

RICO
Qué RICO? Discarding the Fallacy that Florida RICO and Federal RICO Are Identical Ja 10

S
Social Media
The Times They Are a Changin’: The Impact of Technology and Social Media on the Public Workplace, Part I Mr 35

Part II Ap 20

State Government
Public Private Partnerships: The Future of Public Construction in Florida? Jy/Ag 36

Stays
Appellate Stays in Civil Cases: Florida and Federal Courts Offer More Security Flexibility than Believed, But Stay Violations Still Have Teeth D 48

The Stay of Judgments and Proceedings in Florida State Courts Ja 31

Sunshine Laws
Walking on Sunshine Laws: How Florida’s Free Press History in the U.S. Supreme Court Undermines Open Government S/O 22

Supreme Court, The Florida
Brock v. Board of County Com’rs of Collier County: A Case for Reconciliation D 41

Certiorari Review of Nonfinal Orders: Does One Size Really Fit All? Part I F 21

Part II Mr 14

Engle v. Liggett: Has Big Tobacco Finally Met Its Match? N 20

Florida Appellate Rules Should Allow for Interlocutory Appeal of Decisions to Deny Jury Trial N 30

Gross v. FBL Financial Services, Inc.: Time to Apply the “But For” Burden of Proof to FCRA Discrimination Claims Jy/Ag 55

Mandatory Injunctions: The Forgotten Art of Putting the Horse Back in the Proverbial Barn My 18

Ricky Polston: Chief Justice of the Florida Supreme Court S/O 10

Ruminations on the Relationship Between the Economic Loss Rule and Claims for Breach of Fiduciary Duty Mr 8

The Most Efficient Way to Litigate a Dispute Between Business Partners with Axes to Grind: Partnership Accountings Jy/Ag 22

T
Tax Law
A Horse Is a Horse, of Course, of Course, But Is It Agriculture? Whether Ranches Dedicated to Abused, Abandoned, and Aging Horses Qualify for “Agricultural” Classifications Under Florida’s Greenbelt Law F 10

Estate Planning for Same-sex Partners Je 91

Estate Planning: The Clock Is Ticking — Use It or Lose It Before 2013 F 31

Estate Planning with Portability in Mind, Part I Mr 29

Part II Ap 25

Repatriation of Profits to Latin America: Who Needs Treaties! N 43

Should I Stay or Should I Go? Tax Considerations in U.S. Expatriation S/O 48

The Florida Estate Tax: Updated Ja 21

The Impact of Co-ownership on Florida Homestead My 32

The Stay of Judgments and Proceedings in Florida State Courts Ja 31

The Tax Benefits and Obstacles to U.S. Businesses in Transferring Foreign Intellectual Property to Foreign Affiliates My 40

Use of Disclaimers by U.S. Persons in the International Context D 45

Technology
Advancing the Legal Profession with Typography N 53

Loyalty to the Process: Advocacy and Ethics in the Age of E-discovery Je 96

The Times They Are a Changin’: The Impact of Technology and Social Media on the Public Workplace, Part I Mr 35

Part II Ap 20

Testimony
The “Pure Opinion” Exception to the Florida Frye Standard F 41

Third Parties
Caught in the Web of Florida’s Statutory Proceedings Supplementary: Procedural and Constitutional Problems Facing Impleaded Third Parties D 28

Tobacco
Engle v. Liggett: Has Big Tobacco Finally Met Its Match? N 20

Torts
Ruminations on the Relationship Between the Economic Loss Rule and Claims for Breach of Fiduciary Duty Mr 8

Trial
Are Consequential Damages Recoverable Under a Title Insurance Policy for the Time It Takes to Attempt to Cure a Title Defect? Jy/Ag 47

Don’t Waive Your Appeal: A Guide to Preserving Trial Error Ap 16

Florida Appellate Rules Should Allow for Interlocutory Appeal of Decisions to Deny Jury Trial N 30

It Ain’t Over ’Til It’s Over: The Common Law Exception to the Right of Voluntary Dismissal of Civil Actions Ja 42

Nature of the Beast: Recurrent Ethical Issues Confronting Attorneys Attempting to Settle Florida Class Actions F 36

Trusts
Bacardi on the Rocks Mr 21

The Florida Estate Tax: Updated Ja 21

Typography
Advancing the Legal Profession with Typography N 53

V
Visitation
Bleeding Grandparent Visitation Rights S/O 42

W
Witnesses
Who Is This Guy Touhy, and What Am I Supposed To Be Requesting? My 8

Writs
Certiorari Review of Nonfinal Orders: Does One Size Really Fit All? Part I F 21

Part II Mr 14

Z
Zoning
Success in Litigating Local Permit Denials: Alternative Theories of Obtaining Justice D 20

[Revised: 11-27-2012]