The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Columns

Is the PCA Constitutional?

Appellate Practice
“PER CURIAM. Affirmed.” We all know what this is: the infamous PCA, or a district court of appeal’s decision without...

Minority Shareholder Oppression in Florida: Legal Insights and Protections

Business Law
With no market for their shares, and little to no control over the corporate enterprise, minority shareholders in close corporations...

Recent Developments in Attempts To Ban Noncompetes at the Federal and State Level

Labor and Employment Law
Since the mid-1990s, Florida law has favored the use of restrictive covenants, such as noncompete agreements (noncompetes), which prohibit an...

Trauma-Responsive Court Systems: An Approach for Attorneys ad Litem

Family Law
Trauma is inherent in the dependency system. Dysfunction, loneliness, and fear in the most critical stages of development underlie every...

Turning Straw Into Gold: A Comprehensive Guide to Tenants by the Entirety in Florida

Featured Article
In the tale of Rumpelstiltskin, a miller’s daughter, with the aid of a mysterious figure, turns straw into gold, thereby...

Twelve Angry Taxpayers: Why the Constitution Might Guarantee a Jury Trial for Accuracy and Fraud Penalties in Tax Cases After SEC v. Jarkesy

Tax
This article considers the current constitutional status of the Internal Revenue Code (I.R.C.) §6662 accuracy penalties and I.R.C. §6663 penalties...

Has SCOTUS Evolved Beyond the Evolving Standards of Decency?

Appellate Practice
The Warren Court — the period from 1953 to 1969 when Earl Warren was chief justice — is recognized as...

The Death of Chevron: What Loper Bright Means for the Future of Administrative Law

Administrative Law
It was a good run for the Chevron doctrine — a decades-old doctrine established by the U.S. Supreme Court for...

Individual Retirement Accounts: What a Long, Strange Trip It’s Been

Featured Article
In the November/December 2019 issue of The Florida Bar Journal, I outlined individual retirement arrangement/account (IRA) basics and warned readers...

A Proposed Answer to the 11th Circuit’s Recent Certified Question About the Economic Loss Rule’s Breadth

Business Law
Florida’s economic loss rule has befuddled lawyers and spawned litigation trying to decipher its intricacies for decades. Most recently, Florida’s...