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Jan-Feb 2019 Issue of The Florida Bar Journal

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The Jan-Feb 2019 Issue of The Florida Bar Journal and digital edition are online featuring:

The 2018 Florida Bar Criminal Justice Summit: A First Step in Improving Florida’s Criminal Justice System
by Ellen S. Podgor

This unique forum of diverse constituencies started with a Florida Bar survey of state attorneys, public defenders, and other key Florida criminal justice system leaders. A 15-person steering committee comprised of policymakers, judges, prosecutors, and defense counsel formulated a program that would educate summit participants and promote discussion of those issues that need immediate attention in Florida.

Reframing the Question: Why Florida Courts Should Enforce Nonreliance Clauses
by Ian M. Ross

A nonreliance clause is an agreement by a contracting party that it is not relying on any misrepresentations other than those set forth in the contract.

Florida’s Unwieldy But Effective Construction Lien Law
by Leonard W. Klingen

Construction liens are a subset of a larger group of security interests encumbering property that are granted by property owners to those claiming a debt. These include voluntary liens imposed by contract, such as a mortgage.3 Involuntary security interests against real or personal property are also available under Florida law, including the familiar retaining and charging liens,4 as well as a variety of others.

Flying Baseballs, Injured Fans, Uncertain Liability: Why Legislative Action Is Needed in the Sunshine State
by Robert M. Jarvis

Despite the fact that all MLB stadiums now have expanded netting, fans continue to risk being hit by baseballs, as well as shattered bats and other objects, when they go to baseball games. This is particularly true at minor league, college, high school, and youth games, which (due to cost concerns) have been slow to adopt MLB’s enhanced netting standards.

President’s page:
A Hard Look at Our Criminal Justice System
by Michelle R. Suskauer

As the first former public defender to ever lead The Florida Bar, criminal justice issues have been a priority of my presidency. On October 16-17, 2018, in Tampa, we initiated the Bar’s first Criminal Justice Summit. The summit was highly thought-provoking, informative, and productive. Participants included elected state attorneys and public defenders, legislators, practitioners, sheriffs, educators, judges, participants from the Florida Department of Juvenile Justice, the ACLU, the Innocence Project, the Pretrial Justice Institute, the James Madison Institute, and many more important agencies in Florida and the United States.