The Florida Bar

Florida Bar Journal

The Florida Bar Journal


What the Textualist Revolution in Florida Jurisprudence Means for Practitioners

Appellate Practice
Justice Kagan famously remarked in 2015 that “we’re all textualists now.”[1] She was speaking about the federal judiciary, where the...

Tax Considerations for Contingent Interest and Convertible Debt in Cross-Border Lending Transactions

The treatment of contingent interest and convertible debt in cross-border payment transactions is subject to several provisions of the Internal...

Protecting Interests or Hindering Real Estate Deals? Impact of a Lis Pendens When Selling Real Property in Florida

Business Law
Lis pendens — useful or useless? Though intended to protect the interests of parties involved in a legal dispute, the...

Florida Irrevocable Grantor Homestead Trust: Having Your Cake and Eating it Too — Second Course

Real Property, Probate and Trust Law
The first course of this article discussed lifetime conveyances of homestead and analyzed how the Florida irrevocable grantor homestead trust...

Changing Landscape of Public Employee Free Speech in Florida

Labor and Employment Law
The free speech rights of public employees have evolved considerably over the years. In 1892, then-Judge, later Justice, Oliver Wendell...

What Every Business Lawyer Needs To Know About Captive Insurance and Why It Matters in Today’s Hardening Insurance Market

Business Law
Not entirely distinct from the well-publicized homeowners insurance crisis that Florida is currently experiencing, Florida businesses are experiencing their own...

Pay Transparency: A Remedy for the Gender Pay Gap?

Featured Article
My grandmother emphasized the importance of going to college and pursuing a profession in the law to achieve independence —...

Aligning Appellate Standards of Review To Match the Constitutional Liberty Interests Implicated in a Termination of Parental Rights Proceeding

Appellate Practice
There are cases that haunt us, and sometimes, like our clients, attorneys also do not get closure. In 2019, I...

Florida Irrevocable Grantor Homestead Trust: Having Your Cake and Eating It Too — First Course

Real Property, Probate and Trust Law
The popular idiom, “you can’t have your cake and eat it too,” is used to convey the concept that in...

Pre-Immigration Planning with the Foreign Trust: The Intersection of Income and Estate Tax

A foreign trust is generally treated as a non-resident/non-citizen (NRNC) for U.S. tax purposes. Foreign trusts are therefore subject to...