Index to Vol. 83 of The Florida Bar Journal (2009)
Author Index
Key: January, Ja; February, F; March, Mr; April, Ap; May, My; June, Je;
July/August, Jy/Ag; September, S: October, O; November, N; December, D
A
Adams, Nathan A. IV
Distinguishing Chicken Little from Bona Fide Whistleblowers Je 100
Atherton, Scott W.
Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 1 Jy/Ag 69
Part 2 O 61
B
Bailey, Stephen A.
The New Frontier in Property Tax Challenges Jy/Ag 30
Barber, Tom
Restrictions on Lawyers Communicating with Witnesses During Testimony: Law, Lore, Opinions, and the Rule Jy/Ag 58
Baskies, Jeffrey A.
Higgs v. Warrick: Lessees of 99-year Leases Qualify for Homestead and Save Our Homes Tax Exemption Purposes N 38
Behrenfeld, Craig E.
Employer-owned Life Insurance After the Pension Protection Act of 2006 F 47
Bellon, Jeanette
The Appeal of Appellate Mediation: Making the Case for an Attractive Dispute Resolution Tool Mr 32
Bensimon, Daniel
When to Report Ordinary Income If a Partnership with Hot Assets Redeems a Partnership Interest and the Liquidating Distributions Are Made Over Several Tax Years O 43
Benson, Donald W.
Preparing the Workplace for a Pandemic F 50
Berman, Ceci Culpepper
Enforcing Proposals for Settlement and Offers of Judgment in Federal Court: Mission Impossible? D 32
Boggs, Glenn
Free Florida Land — Homesteading for Good Title Ja 10
Bolinder, Sarah Harley
The Effectiveness of Home Rule: A Preemption and Conflict Analysis Je 92
Bolton, Brian
Enforcement of Workers’ Compensation Settlements Ap 48
Bonnett, Eric N.
Roth IRA Conversions: Benefits and Planning Opportunities Je 83
Bresky, Robin I.
Taking the Pathway of Discretionary Review Toward Florida’s Highest Court
N 55
Breth, Jason M.
Miami Beach: Receded, Revised, and Reaffirmed F 18
Brindell, James R.
Nanotechnology and the Dilemmas Facing Business and Government Jy/Ag 73
Brody, Carl E. Jr.
Catch the Tiger by the Tail: Counseling the Burgeoning Government Use of Internet Media D 52
Brown, Dana L.
Noise: A Land Use Dilemma? A Case Study of the City of Jacksonville N 52
Brown, Henry M.
Murphy Deed Right-of-Way Reservations: A 1930s Taxpayer Bailout Yields Right-of-Way Cost Savings Jy/Ag 20
Brown, Rebecca E.
Murphy Deed Right-of-Way Reservations: A 1930s Taxpayer Bailout Yields Right-of-Way Cost Savings Jy/Ag 20
C
Carroll, William C.
Things That May Surprise You About Florida’s Principal and Income Act and Related Accounting Law, Part 1 Mr 45
Part 2 Ap 32
Carson, Giselle
Employment Verification: Then and Wow! Ja 38
Christian, Brandon R.
Time Is on My Side: Four Steps to Applying the Correct Law Jy/Ag 44
Clemens, Aaron M.
Unhandcuffing Justice: Proposals to Return Rationality to Criminal Sentencing F 54
Coffey, Kendall
Litigating at Light Speed Ja 20
Cohen, Leslie
Demystifying the Intersection of Surface Water Permitting and Common Law Drainage Rights: The Twain Actually Do Meet N 18
Cohn, Stuart R.
Dover Judicata: How Much Should Florida Courts Be Influenced by Delaware Corporate Law Decisions? Ap 20
Coleman, Jonathan S.
“For Want of a Nail”: Applying Florida’s Reasonable Certainty Test to Lost Profit Damage Claims My 10
Coln, Laura B.
Deconstructing Warranties in the Construction Industry Ap 8
Commerford, Joel M.
Virtual Adoption: Not Just for Netizens O 48
Conigliaro, Matthew J.
The Continuing Story of Certiorari D 38
D
Davis, Gardner
Directors’ Fiduciary Duties: Increasing Focus on Good Faith and Independence Jy/Ag 38
Degnan, Sharon C.
The Appeal of Appellate Mediation: Making the Case for an Attractive Dispute Resolution Tool Mr 32
Dervishi, Brian S.
Using Receiverships to Maximize the Value of Distressed Assets D 8
Detzel, Lauren Y.
Roth IRA Conversions: Benefits and Planning Opportunities Je 83
Diner, Jesse H.
During These Difficult Economic Times O 8
Efficient E-filing: Let’s Do It! Jy/Ag 6
Making Floridabar.org the Best It Can Be N 6
Seven Years and Counting S 6
You Can Be the One D 6
Dolan, Brian R.
Virtual Adoption: Not Just for Netizens
O 48
Duke, Christopher S.
Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 1 Jy/Ag 69
Part 2 O 61
F
Freeman, Nancy S.
Trust Me: Practical Advice for Drafting Florida Trusts My 20
G
Gassman, Alan S.
Creditor’s Rights Under Private Annuities and Grantor-retained Annuity Trusts in Florida Jy/Ag 49
Gonzalez, Daniel E.
International Commercial Arbitration: Hurdles When Confirming a Foreign Arbitral Award in the U.S. N 59
Gonzalez, Maria C.
Frozen Embryos, Divorce, and Needed Legislation: On the Horizon or Has It Arrived? Ap 39
Gopman, Jonathan E.
Unraveling the Mysteries of the Florida Exemptions for Life Insurance and Annuity Contracts, Part 2 Ja 55
Grigsby, Andrew E.
The Dance of the Porcupines — Defense Under a Reservation of Rights in Florida F 8
Grosso, Richard
Perspectives on the 2009 Growth Management Legislation O 20
H
Hadjilogiou, Steven
The Application and Analysis of the New Proposed Contract Manufacturing Regulations Ja 51
Harris, J.B.
Riding the Red Rocket: Amendment 7 and the End to Discovery Immunity of Adverse Medical Incidents in the State of Florida Mr 20
Hathaway, David P.
Make It an Even 10: Courts Rely on More Than the Seven Carpenter Factors to Analyze a Claim for Undue Influence of a Will or Trust Je 87
Heath, Robert N. Jr.
The Parental Immunity Doctrine: Is Insurer Bad Faith an Exception or Should the Doctrine Be Abolished? O 58
Hirschberg, David L.
Extortion: What Your Client Wants Je 109
Hoffman, Geoffrey A.
Immigration Form I-864 (Affidavit of Support) and Efforts to Collect Damages as Support Obligations Against Divorced Spouses — What Practitioners Need to Know O 53
Hopping, Wade L.
Perspectives on the 2009 Growth Management Legislation O 20
Hujsa, Howard M.
Unraveling the Mysteries of the Florida Exemptions for Life Insurance and Annuity Contracts, Part 2 Ja 55
I
Ilvento, Lauren M.
The Application of Kinney System, Inc. v. Continental Ins. Co. to Modification of Child Custody Proceedings My 41
Insignares, Luis E.
Winning the “Race to the Courthouse”: The Principle of Priority D 43
J
Johnson, Maria S.
Preserving Our State’s Legal Heritage: Restoration of the Historic Miami Courtroom 6-1 Jy/Ag 78
K
Keller, Ingrid A.
Raising Children on the Spectrum in Florida: Navigating Roads Less Traveled Ja 35
Kelly, Carlos A.
Eminent Domain: Identifying Issues in Damages for the General Practitioner My 52
Kern, Jeffrey A.
So You Left Your Trust at Home When You Moved to Florida My 55
Keyser, Elaine W.
Preparing the Workplace for a Pandemic F 50
Kline, Arlene K.
Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 1 Jy/Ag 69
Part 2 O 61
Koche, David L.
Creditor’s Rights Under Private Annuities and Grantor-retained Annuity Trusts in Florida Jy/Ag 49
Kranz, Erika
Sand for the People — The Continuing Controversy Over Public Access to Florida’s Beaches Je 10
L
Lang, Joseph H. Jr.
Original Proceedings, Writ Large O 38
Leiby, Larry R.
How to Comply with Chapter 558 Florida Statutes: Current Challenges and Future Changes? F 42
LePree, Summer A.
IRS Takes Controversial Approach to Characterization of Separately Stated Item of Subpart F Income N 29
Lesser, Steven B.
How to Comply with Chapter 558 Florida Statutes: Current Challenges and Future Changes? F 42
Lieb, Stephanie Crane
The Outer Limits of Dischargeability — When Is a Claim a Claim in Bankruptcy? Ja 29
Longoria, Marguerite M.
Technical Amendments to SAFETEA-LU Reaffirm Overtime Protection for Light Weight Truck Drivers My 47
M
Mandel, Roberta G.
The Appointment of Counsel to Indigent Defendants Is Not Enough: Budget Cuts Render the Right to Counsel Virtually Meaningless Ap 43
Mark, Etan
Inadvertent Document Productions and the Threat of Attorney Disqualification N 8
Markham, Michael C.
Creditor’s Rights Under Private Annuities and Grantor-retained Annuity Trusts in Florida Jy/Ag 49
Martin, Diana L.
Taking the Pathway of Discretionary Review Toward Florida’s Highest Court N 55
McCabe, Ryon M.
Statutory Damages Under the Florida Securities and Investor Protection Act: How to Calculate and Apply Rescission Damages O 32
McPherson, Bradley S.
The Derivative Action Report: More Trouble Than It’s Worth? F 26
Milbrath, Stephen D.
The 11th Circuit’s New Copyright Standard for Architectural Works N 49
Miller, A. Matthew
Determining the Nonmarital Portion of Pensions and Retirement Benefits F 37
Monaco, Vivien J.
Perspectives on the 2009 Growth Management Legislation O 20
Morande, Dean A.
Review of Orders Dismissing or Defaulting for Discovery Violations: The Evolution of the Abuse of Discretion Standard My 31
Moxon, Shea
Untangling Taxes from Personal Injury Damages Je 105
Mrachek, L. Louis
The Derivative Action Report: More Trouble Than It’s Worth? F 26
N
Norse, Kristin A.
Time Is on My Side: Four Steps to Applying the Correct Law Jy/Ag 44
Nunn, David B. Jr.
The Wolf at the Door: Florida’s Takeover Laws Revisited Mr 10
O
Olsen, Jonathan
State v. Lopez: Florida’s New “On-going Emergency” Rule Mr 41
P
Pelzer, John H.
Higgs v. Warrick: Lessees of 99-year Leases Qualify for Homestead and Save Our Homes Tax Exemption Purposes N 38
Piscitelli, Mike
Public-private Contracting in Florida Survives N 41
Pless, Erica Good
Employer-owned Life Insurance After the Pension Protection Act of 2006 F 47
Polenberg, Jon
Can Parties Play Games with Arbitration Awards? How Mattel May Put an End to Prolonged Gamesmanship My 36
Price, Lewis D.
Justice Delayed in Child Support Cases Involving Incarcerated Parents N 35
Price, Ned I.
Justice Delayed in Child Support Cases Involving Incarcerated Parents N 35
Pudlow, Jan
Jesse H. Diner — President of The Florida Bar Jy/Ag 8
R
Raleigh, Kerry A.
Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 1 Jy/Ag 69
Part 2 O 61
Ramirez, Maria Eugenia
International Commercial Arbitration: Hurdles When Confirming a Foreign Arbitral Award in the U.S. N 59
Randolph, John W. Jr.
Things That May Surprise You About Florida’s Principal and Income Act and Related Accounting Law, Part 1 Mr 45
Part 2 Ap 32
Reid, Robert C.
Miami Beach: Receded, Revised, and Reaffirmed F 18
Reiss, Jerry
Determining the Nonmarital Portion of Pensions and Retirement Benefits F 37
Rogers, Lorraine O’Hanlon
Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 1 Jy/Ag 69
Part 2 O 61
Roth, Cari L.
Perspectives on the 2009 Growth Management Legislation O 20
Rubin, Robert I.
Impeachment of a Civil Litigant with Criminal Convictions N 45
Legal, Practical, and Ethical Considerations of Medical Malpractice Settlements Ja 47
Rubinger, Jeffrey L.
IRS Takes Controversial Approach to Characterization of Separately Stated Item of Subpart F Income N 29
S
Savard, Susan W.
The Presumptions of Privette: Have They Perished with the Coming of Daniel and Disestablishment of Paternity Mr 49
Schwartz, Martin A.
The Successor Developer Conundrum in Distressed Condominium Projects
Jy/Ag 64
Schwartz, Robert M.
The Bursting Bubble — Dealing with the Marital Home During a Real Estate Recession Jy/Ag 52
Schwarzberg, Steven L.
Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 1 Jy/Ag 69
Part 2 O 61
Seward, Steven E.
Using Receiverships to Maximize the Value of Distressed Assets D 8
Shore, H. Allan
So You Left Your Trust at Home When You Moved to Florida My 55
Smith, Quinn
Can Parties Play Games with Arbitration Awards? How Mattel May Put an End to Prolonged Gamesmanship My 36
Smith, Sam J.
Technical Amendments to SAFETEA-LU Reaffirm Overtime Protection for Light Weight Truck Drivers My 47
Sneed, Julie Simone
Enforcing Proposals for Settlement and Offers of Judgment in Federal Court: Mission Impossible? D 32
Spector, David I.
Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 1 Jy/Ag 69
Part 2 O 61
Stancil, Hale R.
Unhandcuffing Justice: Proposals to Return Rationality to Criminal Sentencing F 54
Stolberg, William H.
Extortion: What Your Client Wants Je 109
Strauss, Larry A.
Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 1 Jy/Ag 69
Part 2 O 61
Street, Brian
Equitable Subrogation — The Evolution of the Volunteer and the Continued Irrelevance of Constructive Notice O 10
Strickland, Wilton H.
Premises Liability: A Notable Rift in the Law of Foreseeable Crimes D 18
T
Tiernan, Peter B.
Considerations When Combining Crummey Powers with Total Discretionary Trusts Mr 36
Trevarthen, Susan L.
Perspectives on the 2009 Growth Management Legislation O 20
Turko, Matthew N.
Unraveling the Mysteries of the Florida Exemptions for Life Insurance and Annuity Contracts, Part 2 Ja 55
V
Vezina, W. Robert III
Public-private Contracting in Florida Survives N 41
W
Walbolt, Sylvia H.
Original Proceedings, Writ Large O 38
Weintraub, David A.
The Polygraph Examination — A Valuable Arbitration Tool Je 97
Wells, Thomas O.
Tax Consequences of Reducing the Principal and/or Interest of a Note Issued in Intrafamily Sale by a Grantor Trust
D 26
White, John G. III
Pumping Up Passion for Pro Bono Ja 8
The Bar’s Member Benefits — Saving Costs During a Lean Economy F 4
Court Funding — A Good First Step Mr 6
Celebrating the 30th Anniversary of Cameras in the Courts Ap 4
Is 70 the New 60? My 8
It Has Been an Honor and a Privilege
Je 6
White, Lee
Noise: A Land Use Dilemma? A Case Study of the City of Jacksonville N 52
Whitley, Danielle
Directors’ Fiduciary Duties: Increasing Focus on Good Faith and Independence Jy/Ag 38
Wigdor, Jordan S.
Sales Tax on Commercial Leases of Real Property: A Refresher on the Issues Involving Florida Sales Tax and Commercial Leases D 48
Williamson, Michael G.
The Outer Limits of Dischargeability — When Is a Claim a Claim in Bankruptcy? Ja 29
Wisotsky, Steven
How to Interpret Statutes — or Not: The Phantom of Plain Meaning Ja 43
Wolf, James R.
The Effectiveness of Home Rule: A Preemption and Conflict Analysis Je 92
Worsham, E. Lee
Demystifying the Intersection of Surface Water Permitting and Common Law Drainage Rights: The Twain Actually Do Meet N 18
Wyman, James H.
Reconsideration or Rehearing: Is There a Difference? Je 79
Subject Index
A
Annual Reports
Annual Reports of The Florida Bar Committees Je 42
Annual Reports of The Florida Bar Sections and Divisions Je 23
Annuities
Creditor’s Rights Under Private Annuities and Grantor-retained Annuity Trusts in Florida Jy/Ag 49
Unraveling the Mysteries of the Florida Exemptions for Life Insurance and Annuity Contracts, Part 2 Ja 55
Appellate Practice and Advocacy
The Appeal of Appellate Mediation: Making the Case for an Attractive Dispute Resolution Tool Mr 32
The Appointment of Counsel to Indigent Defendants Is Not Enough: Budget Cuts Render the Right to Counsel Virtually Meaningless Ap 43
The Continuing Story of Certiorari
D 38
“For Want of a Nail”: Applying Florida’s Reasonable Certainty Test to Lost Profit Damage Claims My 10
Original Proceedings, Writ Large O 38
Reconsideration or Rehearing: Is There a Difference? Je 79
Review of Orders Dismissing or Defaulting for Discovery Violations: The Evolution of the Abuse of Discretion Standard My 31
Taking the Pathway of Discretionary Review Toward Florida’s Highest Court
N 55
Arbitration
Can Parties Play Games with Arbitration Awards? How Mattel May Put an End to Prolonged Gamesmanship My 36
International Commercial Arbitration: Hurdles When Confirming a Foreign Arbitral Award in the U.S. N 59
The Polygraph Examination — A Valuable Arbitration Tool Je 97
B
Bankruptcy
The Outer Limits of Dischargeability — When Is a Claim a Claim in Bankruptcy? Ja 29
Business Law
The 11th Circuit’s New Copyright Standard for Architectural Works N 49
Can Parties Play Games with Arbitration Awards? How Mattel May Put an End to Prolonged Gamesmanship My 36
The Derivative Action Report: More Trouble Than It’s Worth? F 26
Directors’ Fiduciary Duties: Increasing Focus on Good Faith and Independence Jy/Ag 38
Enforcement of Workers’ Compensation Settlements Ap 48
IRS Takes Controversial Approach to Characterization of Separately Stated Item of Subpart F Income N 29
The Outer Limits of Dischargeability — When Is a Claim a Claim in Bankruptcy? Ja 29
The Polygraph Examination — A Valuable Arbitration Tool Je 97
Statutory Damages Under the Florida Securities and Investor Protection Act: How to Calculate and Apply Rescission Damages O 32
When to Report Ordinary Income If a Partnership with Hot Assets Redeems a Partnership Interest and the Liquidating Distributions Are Made Over Several Tax Years O 43
The Wolf at the Door: Florida’s Takeover Laws Revisited Mr 10
C
Children
The Application of Kinney System, Inc. v. Continental Ins. Co. to Modification of Child Custody Proceedings My 41
Frozen Embryos, Divorce, and Needed Legislation: On the Horizon or Has It Arrived? Ap 39
Justice Delayed in Child Support Cases Involving Incarcerated Parents N 35
The Presumptions of Privette: Have They Perished with the Coming of Daniel and Disestablishment of Paternity Mr 49
Raising Children on the Spectrum in Florida: Navigating Roads Less Traveled Ja 35
Seven Years and Counting S 6
Virtual Adoption: Not Just for Netizens
O 48
Child Support
Justice Delayed in Child Support Cases Involving Incarcerated Parents N 35
Winning the “Race to the Courthouse”: The Principle of Priority D 43
City, County and Local Government Law
Miami Beach: Receded, Revised, and Reaffirmed F 18
Noise: A Land Use Dilemma? A Case Study of the City of Jacksonville N 52
Perspectives on the 2009 Growth Management Legislation O 20
Public-private Contracting in Florida Survives N 41
Civil Procedure
Reconsideration or Rehearing: Is There a Difference? Je 79
Claims
The Dance of the Porcupines — Defense Under a Reservation of Rights in Florida F 8
“For Want of a Nail”: Applying Florida’s Reasonable Certainty Test to Lost Profit Damage Claims My 10
The Outer Limits of Dischargeability — When Is a Claim a Claim in Bankruptcy? Ja 29
Common Law
The Continuing Story of Certiorari
D 38
Demystifying the Intersection of Surface Water Permitting and Common Law Drainage Rights: The Twain Actually Do Meet N 18
How to Interpret Statutes — or Not: The Phantom of Plain Meaning Ja 43
Reconsideration or Rehearing: Is There a Difference? Je 79
Condominium Law
The Successor Developer Conundrum in Distressed Condominium Projects
Jy/Ag 64
Conflict
The Effectiveness of Home Rule: A Preemption and Conflict Analysis Je 92
Enforcing Proposals for Settlement and Offers of Judgment in Federal Court: Mission Impossible? D 32
Construction
Deconstructing Warranties in the Construction Industry Ap 8
Contracts
Enforcement of Workers’ Compensation Settlements Ap 48
“For Want of a Nail”: Applying Florida’s Reasonable Certainty Test to Lost Profit Damage Claims My 10
Unraveling the Mysteries of the Florida Exemptions for Life Insurance and Annuity Contracts, Part 2 Ja 55
Copyright
The 11th Circuit’s New Copyright Standard for Architectural Works N 49
Corporate Law
The Derivative Action Report: More Trouble Than It’s Worth? F 26
Directors’ Fiduciary Duties: Increasing Focus on Good Faith and Independence Jy/Ag 38
Dover Judicata: How Much Should Florida Courts Be Influenced by Delaware Corporate Law Decisions? Ap 20
Employer-owned Life Insurance After the Pension Protection Act of 2006 F 47
IRS Takes Controversial Approach to Characterization of Separately Stated Item of Subpart F Income N 29
The Wolf at the Door: Florida’s Takeover Laws Revisited Mr 10
Court Interpreting
The Application of Kinney System, Inc. v. Continental Ins. Co. to Modification of Child Custody Proceedings My 41
Can Parties Play Games with Arbitration Awards? How Mattel May Put an End to Prolonged Gamesmanship My 36
Dover Judicata: How Much Should Florida Courts Be Influenced by Delaware Corporate Law Decisions? Ap 20
Enforcing Proposals for Settlement and Offers of Judgment in Federal Court: Mission Impossible? D 32
Courtroom
Enforcing Proposals for Settlement and Offers of Judgment in Federal Court: Mission Impossible? D 32
Immigration Form I-864 (Affidavit of Support) and Efforts to Collect Damages as Support Obligations Against Divorced Spouses — What Practitioners Need to Know O 53
Inadvertent Document Productions and the Threat of Attorney Disqualification N 8
Preserving Our State’s Legal Heritage: Restoration of the Historic Miami Courtroom 6-1 Jy/Ag 78
Criminal Law
Impeachment of a Civil Litigant with Criminal Convictions N 45
State v. Lopez: Florida’s New “On-going Emergency” Rule Mr 41
D
Damages
Eminent Domain: Identifying Issues in Damages for the General Practitioner My 52
Statutory Damages Under the Florida Securities and Investor Protection Act: How to Calculate and Apply Rescission Damages O 32
Untangling Taxes from Personal Injury Damages Je 105
Deeds
Murphy Deed Right-of-Way Reservations: A 1930s Taxpayer Bailout Yields Right-of-Way Cost Savings Jy/Ag 20
Development
Deconstructing Warranties in the Construction Industry Ap 8
Miami Beach: Receded, Revised, and Reaffirmed F 18
Noise: A Land Use Dilemma? A Case Study of the City of Jacksonville N 52
Perspectives on the 2009 Growth Management Legislation O 20
Sand for the People — The Continuing Controversy Over Public Access to Florida’s Beaches Je 10
The Successor Developer Conundrum in Distressed Condominium Projects
Jy/Ag 64
Using Receiverships to Maximize the Value of Distressed Assets D 8
Disability
Raising Children on the Spectrum in Florida: Navigating Roads Less Traveled Ja 35
Discovery
The Continuing Story of Certiorari
D 38
Inadvertent Document Productions and the Threat of Attorney Disqualification N 8
Litigating at Light Speed Ja 20
Review of Orders Dismissing or Defaulting for Discovery Violations: The Evolution of the Abuse of Discretion Standard My 31
Divorce
The Bursting Bubble — Dealing with the Marital Home During a Real Estate Recession Jy/Ag 52
Frozen Embryos, Divorce, and Needed Legislation: On the Horizon or Has It Arrived? Ap 39
Immigration Form I-864 (Affidavit of Support) and Efforts to Collect Damages as Support Obligations Against Divorced Spouses — What Practitioners Need to Know O 53
Justice Delayed in Child Support Cases Involving Incarcerated Parents N 35
Raising Children on the Spectrum in Florida: Navigating Roads Less Traveled Ja 35
E
Eminent Domain
Eminent Domain: Identifying Issues in Damages for the General Practitioner My 52
Employment
Directors’ Fiduciary Duties: Increasing Focus on Good Faith and Independence Jy/Ag 38
Distinguishing Chicken Little from Bona Fide Whistleblowers Je 100
Employer-owned Life Insurance After the Pension Protection Act of 2006 F 47
Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 1 Jy/Ag 69
Part 2 O 61
Employment Verification: Then and Wow! Ja 38
Preparing the Workplace for a Pandemic F 50
Technical Amendments to SAFETEA-LU Reaffirm Overtime Protection for Light Weight Truck Drivers My 47
Environmental and Land Use Law
Demystifying the Intersection of Surface Water Permitting and Common Law Drainage Rights: The Twain Actually Do Meet N 18
Nanotechnology and the Dilemmas Facing Business and Government Jy/Ag 73
Noise: A Land Use Dilemma? A Case Study of the City of Jacksonville N 52
Perspectives on the 2009 Growth Management Legislation O 20
Sand for the People — The Continuing Controversy Over Public Access to Florida’s Beaches Je 10
Estate Planning
So You Left Your Trust at Home When You Moved to Florida My 55
Tax Consequences of Reducing the Principal and/or Interest of a Note Issued in Intrafamily Sale by a Grantor Trust D 26
Things That May Surprise You About Florida’s Principal and Income Act and Related Accounting Law, Part 1 Mr 45
Part 2 Ap 32
Trust Me: Practical Advice for Drafting Florida Trusts My 20
Ethics
Inadvertent Document Productions and the Threat of Attorney Disqualification N 8
Legal, Practical, and Ethical Considerations of Medical Malpractice Settlements Ja 47
Restrictions on Lawyers Communicating with Witnesses During Testimony: Law, Lore, Opinions, and the Rule Jy/Ag 58
Evidence
Inadvertent Document Productions and the Threat of Attorney Disqualification N 8
Restrictions on Lawyers Communicating with Witnesses During Testimony: Law, Lore, Opinions, and the Rule Jy/Ag 58
F
Family Law
The Application of Kinney System, Inc. v. Continental Ins. Co. to Modification of Child Custody Proceedings My 41
The Bursting Bubble — Dealing with the Marital Home During a Real Estate Recession Jy/Ag 52
Considerations When Combining Crummey Powers with Total Discretionary Trusts Mr 36
Determining the Nonmarital Portion of Pensions and Retirement Benefits F 37
Extortion: What Your Client Wants Je 109
Frozen Embryos, Divorce, and Needed Legislation: On the Horizon or Has It Arrived? Ap 39
Immigration Form I-864 (Affidavit of Support) and Efforts to Collect Damages as Support Obligations Against Divorced Spouses — What Practitioners Need to Know O 53
Justice Delayed in Child Support Cases Involving Incarcerated Parents N 35
The Presumptions of Privette: Have They Perished with the Coming of Daniel and Disestablishment of Paternity
Mr 49
Raising Children on the Spectrum in Florida: Navigating Roads Less Traveled Ja 35
Winning the “Race to the Courthouse”: The Principle of Priority D 43
Virtual Adoption: Not Just for Netizens
O 48
G
Government
Catch the Tiger by the Tail: Counseling the Burgeoning Government Use of Internet Media D 52
The Effectiveness of Home Rule: A Preemption and Conflict Analysis Je 92
Miami Beach: Receded, Revised, and Reaffirmed F 18
Murphy Deed Right-of-Way Reservations: A 1930s Taxpayer Bailout Yields Right-of-Way Cost Savings Jy/Ag 20
Nanotechnology and the Dilemmas Facing Business and Government Jy/Ag 73
Public-private Contracting in Florida Survives N 41
Sand for the People — The Continuing Controversy Over Public Access to Florida’s Beaches Je 10
H
Health
Preparing the Workplace for a Pandemic F 50
Riding the Red Rocket: Amendment 7 and the End to Discovery Immunity of Adverse Medical Incidents in the State of Florida Mr 20
History
Preserving Our State’s Legal Heritage: Restoration of the Historic Miami Courtroom 6-1 Jy/Ag 78
Homestead
Free Florida Land — Homesteading for Good Title Ja 10
Higgs v. Warrick: Lessees of 99-year Leases Qualify for Homestead and Save Our Homes Tax Exemption Purposes N 38
Housing
The Bursting Bubble — Dealing with the Marital Home During a Real Estate Recession Jy/Ag 52
Deconstructing Warranties in the Construction Industry Ap 8
Equitable Subrogation — The Evolution of the Volunteer and the Continued Irrelevance of Constructive Notice
O 10
Sales Tax on Commercial Leases of Real Property: A Refresher on the Issues Involving Florida Sales Tax and Commercial Leases D 48
I
Immigration Law
Employment Verification: Then and Wow! Ja 38
Immigration Form I-864 (Affidavit of Support) and Efforts to Collect Damages as Support Obligations Against Divorced Spouses — What Practitioners Need to Know O 53
Insurance
The Dance of the Porcupines — Defense Under a Reservation of Rights in Florida F 8
Employer-owned Life Insurance After the Pension Protection Act of 2006 F 47
The Parental Immunity Doctrine: Is Insurer Bad Faith an Exception or Should the Doctrine Be Abolished? O 58
Unraveling the Mysteries of the Florida Exemptions for Life Insurance and Annuity Contracts, Part 2 Ja 55
International Law
The Application and Analysis of the New Proposed Contract Manufacturing Regulations Ja 51
International Commercial Arbitration: Hurdles When Confirming a Foreign Arbitral Award in the U.S. N 59
Interpretation
The 11th Circuit’s New Copyright Standard for Architectural Works N 49
Distinguishing Chicken Little from Bona Fide Whistleblowers Je 100
Equitable Subrogation — The Evolution of the Volunteer and the Continued Irrelevance of Constructive Notice O 10
How to Interpret Statutes — or Not: The Phantom of Plain Meaning Ja 43
Make It an Even 10: Courts Rely on More Than the Seven Carpenter Factors to Analyze a Claim for Undue Influence of a Will or Trust Je 87
Time Is on My Side: Four Steps to Applying the Correct Law Jy/Ag 44
Investing
Enforcement of Workers’ Compensation Settlements Ap 48
The Polygraph Examination — A Valuable Arbitration Tool Je 97
Statutory Damages Under the Florida Securities and Investor Protection Act: How to Calculate and Apply Rescission Damages O 32
J
Judges/Judiciary
Original Proceedings, Writ Large O 38
Juries
Impeachment of a Civil Litigant with Criminal Convictions N 45
Jurisdiction
The Application of Kinney System, Inc. v. Continental Ins. Co. to Modification of Child Custody Proceedings My 41
International Commercial Arbitration: Hurdles When Confirming a Foreign Arbitral Award in the U.S. N 59
Taking the Pathway of Discretionary Review Toward Florida’s Highest Court
N 55
Winning the “Race to the Courthouse”: The Principle of Priority D 43
L
Labor and Employment Law
Distinguishing Chicken Little from Bona Fide Whistleblowers Je 100
Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 1 Jy/Ag 69
Part 2 O 61
Employment Verification: Then and Wow! Ja 38
Preparing the Workplace for a Pandemic F 50
Technical Amendments to SAFETEA-LU Reaffirm Overtime Protection for Light Weight Truck Drivers My 47
Legal Writing
Trust Me: Practical Advice for Drafting Florida Trusts My 20
Liability
Directors’ Fiduciary Duties: Increasing Focus on Good Faith and Independence Jy/Ag 38
Premises Liability: A Notable Rift in the Law of Foreseeable Crimes D 18
Technical Amendments to SAFETEA-LU Reaffirm Overtime Protection for Light Weight Truck Drivers My 47
Liens
Equitable Subrogation — The Evolution of the Volunteer and the Continued Irrelevance of Constructive Notice O 10
Litigation
The Appeal of Appellate Mediation: Making the Case for an Attractive Dispute Resolution Tool Mr 32
The Derivative Action Report: More Trouble Than It’s Worth? F 26
Litigating at Light Speed Ja 20
Time Is on My Side: Four Steps to Applying the Correct Law Jy/Ag 44
M
Malpractice
Legal, Practical, and Ethical Considerations of Medical Malpractice Settlements Ja 47
Riding the Red Rocket: Amendment 7 and the End to Discovery Immunity of Adverse Medical Incidents in the State of Florida Mr 20
Management
Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 1 Jy/Ag 69
Part 2 O 61
Marriage
The Bursting Bubble — Dealing with the Marital Home During a Real Estate Recession Jy/Ag 52
Determining the Nonmarital Portion of Pensions and Retirement Benefits F 37
Extortion: What Your Client Wants Je 109
Media
Catch the Tiger by the Tail: Counseling the Burgeoning Government Use of Internet Media D 52
Mediation
The Appeal of Appellate Mediation: Making the Case for an Attractive Dispute Resolution Tool Mr 32
Medical
Legal, Practical, and Ethical Considerations of Medical Malpractice Settlements Ja 47
Riding the Red Rocket: Amendment 7 and the End to Discovery Immunity of Adverse Medical Incidents in the State of Florida Mr 20
O
Ownership
The Application and Analysis of the New Proposed Contract Manufacturing Regulations Ja 51
Premises Liability: A Notable Rift in the Law of Foreseeable Crimes D 18
P
Parents
The Parental Immunity Doctrine: Is Insurer Bad Faith an Exception or Should the Doctrine Be Abolished? O 58
The Presumptions of Privette: Have They Perished with the Coming of Daniel and Disestablishment of Paternity Mr 49
Partnerships
IRS Takes Controversial Approach to Characterization of Separately Stated Item of Subpart F Income N 29
Public-private Contracting in Florida Survives N 41
When to Report Ordinary Income If a Partnership with Hot Assets Redeems a Partnership Interest and the Liquidating Distributions Are Made Over Several Tax Years O 43
Personal Injury
Untangling Taxes from Personal Injury Damages Je 105
Portability
The New Frontier in Property Tax Challenges Jy/Ag 30
President, The Florida Bar
The Bar’s Member Benefits — Saving Costs During a Lean Economy F 4
Celebrating the 30th Anniversary of Cameras in the Courts Ap 4
Court Funding — A Good First Step Mr 6
During These Difficult Economic Times O 8
Efficient E-filing: Let’s Do It! Jy/Ag 6
Is 70 the New 60? My 8
It Has Been an Honor and a Privilege
Je 6
Jesse H. Diner — President of The Florida Bar Jy/Ag 8
Making Floridabar.org the Best It Can Be N 6
Pumping Up Passion for Pro Bono Ja 8
Seven Years and Counting S 6
You Can Be the One D 6
Probate
Make It an Even 10: Courts Rely on More Than the Seven Carpenter Factors to Analyze a Claim for Undue Influence of a Will or Trust Je 87
Professionalism
Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 1 Jy/Ag 69
Part 2 O 61
Extortion: What Your Client Wants Je 109
Restrictions on Lawyers Communicating with Witnesses During Testimony: Law, Lore, Opinions, and the Rule Jy/Ag 58
Property Law
The Bursting Bubble — Dealing with the Marital Home During a Real Estate Recession Jy/Ag 52
Deconstructing Warranties in the Construction Industry Ap 8
Demystifying the Intersection of Surface Water Permitting and Common Law Drainage Rights: The Twain Actually Do Meet N 18
Eminent Domain: Identifying Issues in Damages for the General Practitioner My 52
Higgs v. Warrick: Lessees of 99-year Leases Qualify for Homestead and Save Our Homes Tax Exemption Purposes N 38
How to Comply with Chapter 558 Florida Statutes: Current Challenges and Future Changes? F 42
The New Frontier in Property Tax Challenges Jy/Ag 30
Premises Liability: A Notable Rift in the Law of Foreseeable Crimes D 18
Public-private Contracting in Florida Survives N 41
Sales Tax on Commercial Leases of Real Property: A Refresher on the Issues Involving Florida Sales Tax and Commercial Leases D 48
Sand for the People — The Continuing Controversy Over Public Access to Florida’s Beaches Je 10
The Successor Developer Conundrum in Distressed Condominium Projects
Jy/Ag 64
Using Receiverships to Maximize the Value of Distressed Assets D 8
Public Interest Law
The Appointment of Counsel to Indigent Defendants Is Not Enough: Budget Cuts Render the Right to Counsel Virtually Meaningless Ap 43
Perspectives on the 2009 Growth Management Legislation O 20
Public Policy
Catch the Tiger by the Tail: Counseling the Burgeoning Government Use of Internet Media D 52
The Effectiveness of Home Rule: A Preemption and Conflict Analysis Je 92
Nanotechnology and the Dilemmas Facing Business and Government Jy/Ag 73
Riding the Red Rocket: Amendment 7 and the End to Discovery Immunity of Adverse Medical Incidents in the State of Florida Mr 20
R
Real Estate
The Bursting Bubble — Dealing with the Marital Home During a Real Estate Recession Jy/Ag 52
Equitable Subrogation — The Evolution of the Volunteer and the Continued Irrelevance of Constructive Notice O 10
Free Florida Land — Homesteading for Good Title Ja 10
How to Comply with Chapter 558 Florida Statutes: Current Challenges and Future Changes? F 42
The Successor Developer Conundrum in Distressed Condominium Projects Jy/Ag 64
Things That May Surprise You About Florida’s Principal and Income Act and Related Accounting Law, Part 1 Mr 45
Part 2 Ap 32
Using Receiverships to Maximize the Value of Distressed Assets D 8
Retirement
Determining the Nonmarital Portion of Pensions and Retirement Benefits F 37
Enforcement of Workers’ Compensation Settlements Ap 48
The Polygraph Examination — A Valuable Arbitration Tool Je 97
So You Left Your Trust at Home When You Moved to Florida My 55
S
Statutes
Creditor’s Rights Under Private Annuities and Grantor-retained Annuity Trusts in Florida Jy/Ag 49
The Dance of the Porcupines — Defense Under a Reservation of Rights in Florida F 8
Distinguishing Chicken Little from Bona Fide Whistleblowers Je 100
Dover Judicata: How Much Should Florida Courts Be Influenced by Delaware Corporate Law Decisions? Ap 20
Frozen Embryos, Divorce, and Needed Legislation: On the Horizon or Has It Arrived? Ap 39
How to Comply with Chapter 558 Florida Statutes: Current Challenges and Future Changes? F 42
How to Interpret Statutes — or Not: The Phantom of Plain Meaning Ja 43
Time Is on My Side: Four Steps to Applying the Correct Law Jy/Ag 44
The Wolf at the Door: Florida’s Takeover Laws Revisited Mr 10
Supreme Court, Florida
The Appointment of Counsel to Indigent Defendants Is Not Enough: Budget Cuts Render the Right to Counsel Virtually Meaningless Ap 43
Can Parties Play Games with Arbitration Awards? How Mattel May Put an End to Prolonged Gamesmanship
My 36
Dover Judicata: How Much Should Florida Courts Be Influenced by Delaware Corporate Law Decisions? Ap 20
Higgs v. Warrick: Lessees of 99-year Leases Qualify for Homestead and Save Our Homes Tax Exemption Purposes N 38
Make It an Even 10: Courts Rely on More Than the Seven Carpenter Factors to Analyze a Claim for Undue Influence of a Will or Trust Je 87
Original Proceedings, Writ Large O 38
The Presumptions of Privette: Have They Perished with the Coming of Daniel and Disestablishment of Paternity Mr 49
Public-private Contracting in Florida Survives N 41
State v. Lopez: Florida’s New “On-going Emergency” Rule Mr 41
Taking the Pathway of Discretionary Review Toward Florida’s Highest Court
N 55
T
Tax Law
The Application and Analysis of the New Proposed Contract Manufacturing Regulations Ja 51
Considerations When Combining Crummey Powers with Total Discretionary Trusts Mr 36
Creditor’s Rights Under Private Annuities and Grantor-retained Annuity Trusts in Florida Jy/Ag 49
Employer-owned Life Insurance After the Pension Protection Act of 2006 F 47
Enforcement of Workers’ Compensation Settlements Ap 48
IRS Takes Controversial Approach to Characterization of Separately Stated Item of Subpart F Income N 29
Miami Beach: Receded, Revised, and Reaffirmed F 18
Murphy Deed Right-of-Way Reservations: A 1930s Taxpayer Bailout Yields Right-of-Way Cost Savings Jy/Ag 20
The New Frontier in Property Tax Challenges Jy/Ag 30
Sales Tax on Commercial Leases of Real Property: A Refresher on the Issues Involving Florida Sales Tax and Commercial Leases D 48
So You Left Your Trust at Home When You Moved to Florida My 55
Tax Consequences of Reducing the Principal and/or Interest of a Note Issued in Intrafamily Sale by a Grantor Trust D 26
Untangling Taxes from Personal Injury Damages Je 105
When to Report Ordinary Income If a Partnership with Hot Assets Redeems a Partnership Interest and the Liquidating Distributions Are Made Over Several Tax Years O 43
Testimony
State v. Lopez: Florida’s New “On-going Emergency” Rule Mr 41
Titles
Free Florida Land — Homesteading for Good Title Ja 10
Trial
Impeachment of a Civil Litigant with Criminal Convictions N 45
Litigating at Light Speed. ..Ja 20
The Parental Immunity Doctrine: Is Insurer Bad Faith an Exception or Should the Doctrine Be Abolished? O 58
Reconsideration or Rehearing: Is There a Difference? Je 79
Restrictions on Lawyers Communicating with Witnesses During Testimony: Law, Lore, Opinions, and the Rule Jy/Ag 58
Review of Orders Dismissing or Defaulting for Discovery Violations: The Evolution of the Abuse of Discretion Standard My 31
Untangling Taxes from Personal Injury Damages Je 105
Trusts
Considerations When Combining Crummey Powers with Total Discretionary Trusts Mr 36
Creditor’s Rights Under Private Annuities and Grantor-retained Annuity Trusts in Florida Jy/Ag 49
Make It an Even 10: Courts Rely on More Than the Seven Carpenter Factors to Analyze a Claim for Undue Influence of a Will or Trust Je 87
So You Left Your Trust at Home When You Moved to Florida My 55
Tax Consequences of Reducing the Principal and/or Interest of a Note Issued in Intrafamily Sale by a Grantor Trust D 26
Things That May Surprise You About Florida’s Principal and Income Act and Related Accounting Law, Part 1 Mr 45
Part 2 Ap 32
Trust Me: Practical Advice for Drafting Florida Trusts My 20
Virtual Adoption: Not Just for Netizens
O 48
W
Warranty
Deconstructing Warranties in the Construction Industry Ap 8
Witnesses
Impeachment of a Civil Litigant with Criminal Convictions N 45
Restrictions on Lawyers Communicating with Witnesses During Testimony: Law, Lore, Opinions, and the Rule Jy/Ag 58
Workers’ Compensation
Enforcement of Workers’ Compensation Settlements Ap 48
