The Florida Bar

Florida Bar Journal

The Florida Bar Journal

The 2018 Florida Bar Criminal Justice Summit: A First Step in Improving Florida’s Criminal Justice System

Featured Article
Imagine state attorneys, public and private defense counsel, policymakers, legislators, and judges meeting in one room to examine key criminal...

Reframing the Question: Why Florida Courts Should Enforce Nonreliance Clauses

Featured Article
“If you tell the truth, you don’t have to remember anything.” — Mark Twain A nonreliance clause is an agreement...

Florida’s Unwieldy But Effective Construction Lien Law

Featured Article
A glance at any urban skyline in Florida will confirm that construction is still big business.1 Look again, and you might...

Flying Baseballs, Injured Fans, Uncertain Liability

Featured Article
In January 2018, the Tampa Bay Rays announced plans to extend the protective netting at Tropicana Field.1 Two months later,...

A Hard Look at Our Criminal Justice System

President's Page
As the first former public defender to ever lead The Florida Bar, criminal justice issues have been a priority of...

Moving from New York to Florida: Perfecting Domicile

Tax
Recently, due in large part to the effective repeal of the state and local tax deduction (a/k/a the SALT deduction),1...

Navigating the Differences in Circuit Court Appellate Jurisdiction for Nonfinal Orders

Appellate Practice
Most attorneys are familiar with the rules and jurisdiction of the district courts of appeal and the Florida Supreme Court;...

Is My Judgment in Your Best Interest? How Decisions Are Made in Guardianships and a Suggested Reform

Elder Law
When Glenda Martinez and J. Alan Smith met in 2008 through a social media website, little did they know how...

Misled Interested Citizens and Florida’s Public Meeting Laws

City, County and Local Government
Florida’s Government in the Sunshine Law, F.S. 286.011, has long required meetings of governing bodies of public agencies to be...

International E-Discovery: How The 11th Circuit’s Interpretation of Possession, Custody, or Control May Impact Multinational Corporations

Trial Lawyers
In decoding the bounds of e-discovery under the Federal Rules of Civil Procedure, courts around the country have employed a...

Eleventh Circuit’s Ruling Strengthens Creditors’ New Value Defense to Preference

Business Law
The 11th Circuit in Kaye v. Blue Bell Creameries Inc. (In re BFW Liquidation LLC), 2018 WL 3850101, 17-13588 (11th...

Twelve Ways of Proving the Negative and Overcoming the Carpenter Presumption of Undue Influence

Elder Law
Estate planning attorneys should be acutely aware of the presumption of undue influence that arises in a will contest1 after...