Index to Vol. 84 of The Florida Bar Journal (2010)
Key: January, Ja; February, F; March, Mr; April, Ap; May, My; June, Je;
July/August, Jy/Ag; September/October, S/O; November, N; December, D
A Journal search engine is available on the Bar’s website.
Author Index
A
Albrecht, Bretton C.
Jumping the Gun: Premature Appeals in Civil Cases Mr 42
Alonso, Alina
Toward a More “Convenient” Standard of Review in Cases Involving Forum Non Conveniens Issues Ja 40
Anderson, Maura K.
Hidden Legal Risks of Green Building Mr 35
Ansbacher, Sidney F.
Strictly Speaking, Does F.S. §376.313(3) Create Duty to Everybody, Everywhere?, Part I S/O 36
Part II N 32
Artigliere, Ralph
Reining in Juror Misconduct: Practical Suggestions for Judges and Lawyers Ja 8
B
Barton, Jim
Reining in Juror Misconduct: Practical Suggestions for Judges and Lawyers Ja 8
Bendeck, Odette M.
Beyond the Imminent Sale Doctrine: Valuing Assets with Imbedded Tax Consequences Je 87
Bidgood, James K.
Hidden Legal Risks of Green Building Mr 35
Blackwell, Donald A.
Putting the Lid Back on Pandora’s “Jar”: A Clarion Call for the Elimination of Contingency Risk Mulipliers in Florida PIP Litigation Jy/Ag 24
Bonnette, Harris L., Jr.
The IRS Will Absolutely, Positively Not Pay Your Attorneys’ Fees (Or Will They?) My 28
Bowman, Scott Andrew
Five Tax Traps for Resident Noncitizens (and Their Attorneys!) D 33
Burns, Thomas A.
Florida State and Federal Appellate Rules: Distinctions with a Difference Je 74
C
Cannizzaro, Kara L.
The Loss of Homestead Through Rental Ja 34
Canter, Bram D. E.
Practice Pointers for Administrative Hearings Examination of Witnesses Jy/Ag 36
Cea, William J.
Fighting for Public Dollars: Procedures and Pitfalls of Protesting Government Bid Awards Ap 45
Chamberlain, Steven M.
Asset Purchase Stockholders’ Agreements Ap 53
Christiansen, Mike
Five Compelling Reasons to Build a Presuit Mediation Clause into Your Business Contracts Ja 44
Clermont, Woody Robert
Order in the Courts: The Ongoing Challenge of Safeguarding Against Frivolity and Extortion S/O 66
Cobb, Christopher M.
Venue Considerations in Construction Disputes My 20
Coleman, Jeffrey P.
Can an Investment Become a Theft for Tax Purposes? Ja 27
Conner, Robert E.
Punitive Damages Against Fiduciaries: Leaving Hoppe Behind and Allowing Punitive Damages Where Equitable Relief Is Sought, Part I N 42
Part II D 40
Cuello, Alex
Exempt Property Under the Florida Probate Code: 2009 Amendments to F.S. §732.402 and Statutory Exemption Jy/Ag 62
D
Dellinger, Richard
Business Valuation for the Practitioner: Identifying the Common Areas of Manipulation by the Valuator S/O 59
Denicolo, Christopher J.
After Olmstead: Will a Multiple-member LLC Continue to Have Charging Order Protection? D 8
Diner, Jesse H.
Advice to Law Grads: Do Your Best and the Rest Will Follow My 10
Averting the “Tipping Point of Dysfunction” F 6
JNCs: Return to the Way We Were Mr 4
A Plea to Learn from Past Injustices Ap 6
Reflections on My Year as Bar President Je 4
What Belongs to the Courts Should Stay with the Courts Ja 6
Dominguez, Manuel John
The Plausibility Standard as a Double-edged Sword: The Application of Twombly and Iqbal to Affirmative Defense Je 77
Downs, Mayanne
The Power of One N 6
Technology — The Elusive Balance S/O 6
This Good Lawyer Is a Great Teacher Jy/Ag 4
A Way Out for Lawyers in Despair D 4
E
Easley, Dorothy F.
Judicial Notice on Appeal: A History Lesson in Recent Trends D 45
Elton, Serona
Proving Disgorgement Damages in a Copyright Infringement Case Is a Three-act Play F 26
Eschenfelder, Robert Michael
Modern Sunshine: Attending Public Meetings in the Digital Age Ap 28
F
Fingar, Robert D.
Strictly Speaking, Does F.S. §376.313(3) Create Duty to Everybody, Everywhere?, Part I S/O 36
Part II N 32
Fisher, Jeffrey D.
Beyond the Imminent Sale Doctrine: Valuing Assets with Imbedded Tax Consequences Je 87
Fox, Susan W.
The Art of Persuasion Through Legal Citations Ap 49
Friedman, Chad S.
Florida Is Keeping Pace: House Bill 7179 S/O 44
Frumkes, Melvyn B.
Custody Determination: Who Gets the Dependency Exemption and Child Tax Credit? Jy/Ag 58
G
Galvani, Lauren A.
Section 2053 Final Regulations: Continued Uncertainty? Je 97
Gans, Richard R.
New §736.0505(3) Assures Tax/Asset Protection of Inter Vivos QTIP Trusts D 50
Gassman, Alan S.
After Olmstead: Will a Multiple-member LLC Continue to Have Charging Order Protection? D 8
Glassman, Daniel J.
Documentary Stamp Tax: The Legislature Strikes Back N 52
Glinn, MacAdam J.
Florida Is Keeping Pace: House Bill 7179 S/O 44
Gordon, Robert E.
Goble, ThyssenKrupp, and the Collateral Source Rule: Resolving the Ongoing Conflict D 18
Greene, Karen
Tapping the Last Oasis: Florida-friendly Landscaping and Homeowners’ Associations My 39
Griffin, Linda Suzzanne
The Robertson Case: A Beneficiary by Any Other Name Is Still a Beneficiary Ap 34
Grosso, Richard
Planning and Permitting to Protect Wetlands: The Different Roles and Powers of State and Local Government Ap 39
Guffey-Landers, Nancy
Understanding Fiduciary Duty Mr 20
H
Hahn, Bill
Reining in Juror Misconduct: Practical Suggestions for Judges and Lawyers Ja 8
Hartenstine, J. Michael
But Is It a Condominium? Village of Doral Place Association, Inc., v. Ru4 Real, Inc. Jy/Ag 44
Hauser, Robert J.
Re-examining the Presumption in Favor of Arbitration in Complex Commercial Cases Mr 8
Heady, Eugene J.
Hidden Legal Risks of Green Building Mr 35
Holliday, Candice P.
The Age Discrimination in Employment Act of 1967: Issues Litigated at the Supreme Court Level F 20
Huber, Andrew
Asset Location: Why Attorneys Should Bridge the Perceived Investment Gap Mr 46
Hunter, Gary K., Jr.
ABCs of Local Land Use and Zoning Decisions Ja 20
J
Johnson, Maria S.
2010 Offers Grant Program to Voluntary Bar Associations that Encourage Diversity N 64
Escambia/Santa Rosa County Bar Foundation Wall of Honor My 44
The Seminole County Bar Association Is Named the Recipient of the 2010 Voluntary Bar Pro Bono Service Award Ap 61
Jones, Annie Butterworth
Charles T. Canady — Chief Justice of the Florida Supreme Court S/O 10
Jursinski, Kevin F.
The Mortgage Foreclosure Crisis in Florida: A 21st Century Solution
Je 91
K
Kammerer, Christopher W.
Understanding Fiduciary Duty Mr 20
Kinberg, Edward J.
The Impact of Federal, State, and Local False Claims Acts on the Construction Industry S/O 48
Koche, David L.
After Olmstead: Will a Multiple-member LLC Continue to Have Charging Order Protection? D 8
Kramer, Raymond E. III
Re-examining the Presumption in Favor of Arbitration in Complex Commercial Cases Mr 8
L
Law, Lester
Asset Location: Why Attorneys Should Bridge the Perceived Investment Gap Mr 46
Lazarus, Jason D.
Medicare Myths: What Every Trial Lawyer Should Know About the MSP & Liability Medicare Set Asides N 46
Leonard, Patricia A.
Re-examining the Presumption in Favor of Arbitration in Complex Commercial Cases Mr 8
Levin, Norman D.
What Do I Do Now? All of the Children Are Not Exercising the Same Timesharing Schedule Ja 46
Lewis, William B.
The Plausibility Standard as a Double-edged Sword: The Application of Twombly and Iqbal to Affirmative Defenses Je 77
Linn, Justin
Goble, ThyssenKrupp, and the Collateral Source Rule: Resolving the Ongoing Conflict D 18
Loquasto, Wendy S.
The Art of Persuasion Through Legal Citations Ap 49
Luck, David L.
Toward a More “Convenient” Standard of Review in Cases Involving Forum Non Conveniens Issues Ja 40
Lynch, Kristen M.
The Robertson Case: A Beneficiary by Any Other Name Is Still a Beneficiary Ap 34
M
Mariani, John F.
Understanding Fiduciary Duty Mr 20
Marshall, J. Michael
Close Encounters of the Referendum Kind N 56
Martin, James W.
Ten Tips for Handling Complex Probate F 45
Matlow, Daniel W.
Hybrid Debt/Equity Transactions: Do They Intersect with the Usury Laws? Ap 22
Matthews, Frank E.
Why Do Federal Agencies Rely on ARNI Designations in Environmental Planning? D 56
McAuley, James F.
Florida Financial Reform After Madoff N 22
Miles, Amy L.
The Record on Appeal: What Do You Do When There Was No Court Reporter? N 38
Morley, Samuel
How Broad Is Web Publisher Immunity Under §230 of the Communications Decency Act of 1996? F 8
N
Neiberger, Ellie
Honest Services Fraud: Federal Prosecution of Public Corruption at the State and Local Levels Je 82
Nelson, Barry A.
New §736.0505(3) Assures Tax/Asset Protection of Inter Vivos QTIP Trusts D 50
Newsom, Jennifer
Can an Investment Become a Theft for Tax Purposes? Ja 27
O
O’Berry, Anne F.
The Plausibility Standard as a Double-edged Sword: The Application of Twombly and Iqbal to Affirmative Defenses Je 77
Oldehoff, Gary K.
Florida’s Beach Restoration Program Weathers a Storm in the Courts: Stop the Renourishment v. Florida Department of Environmental Protection N 10
Olson, Jonathan
Allow Instant Replay in Jury Trial? S/O 54
P
Pankauski, John
Punitive Damages Against Fiduciaries: Leaving Hoppe Behind and Allowing Punitive Damages Where Equitable Relief Is Sought, Part I N 42
Part II D 40
Pratt, David
Tax and Asset Protection Benefits Afforded Florida Domiciliaries F 32
Pudlow, Jan
Mayanne Downs — President of The Florida Bar Jy/Ag 10
R
Rappoport, Adi
Documentary Stamp Tax: The Legislature Strikes Back N 52
Ravich, Timothy M.
2010: Space Law in the Sunshine State S/O 24
Reiter, Jack R.
Judging Your Appeal: A Practitioner’s Perspective My 34
Rendzio, Bryan R.
Venue Considerations in Construction Disputes My 20
Robbins, Sue
Fatherhood in Florida D 24
Rothenberg, Mark A.
The Loss of Homestead Through Rental Ja 34
S
Savage, Amelia A.
Why Do Federal Agencies Rely on ARNI Designations in Environmental Planning? D 56
Savard, Susan W.
Through the Eyes of a Child: Impact and Measures to Protect Children in High-conflict Family Law Litigation Ap 57
Schwartz, Adam G.
Strictly Speaking, Does F.S. §376.313(3) Create Duty to Everybody, Everywhere?, Part I S/O 36
Part II N 32
Smith, Abrahm W.
Tax Dodgers Beware: New Foreign Account Tax Compliance Legislation
Jy/Ag 52
Smith, Douglas M.
ABCs of Local Land Use and Zoning Decisions Ja 20
Sneed, Julie Simone
Federal and Florida Courts Heighten the Requirements for Class Certification Ap 10
Spallina, Robert L.
Section 2053 Final Regulations: Continued Uncertainty? Je 97
Stamm, Warren Jay
Clients’ Security Fund Jy/Ag 64
Steckman, Laurence A.
Punitive Damages Against Fiduciaries: Leaving Hoppe Behind and Allowing Punitive Damages Where Equitable Relief Is Sought, Part I N 42
Part II D 40
Stein, Douglas H.
Putting the Lid Back on Pandora’s “Jar”: A Clarion Call for the Elimination of Contingency Risk Mulipliers in Florida PIP Litigation Jy/Ag 24
Stempler, Mark J.
Fighting for Public Dollars: Procedures and Pitfalls of Protesting Government Bid Awards Ap 45
Stern, Lisa M.
Tax and Asset Protection Benefits Afforded Florida Domiciliaries F 32
Stewart, Larry S.
The Rebirth of the Florida Standard Civil Jury Instructions My 12
T
Talenfeld, Howard
Legal Needs of Children Jy/Ag 23
Tanner, Michael G.
Basic Steps for Good Peer Review F 38
Totoiu, Jason
Planning and Permitting to Protect Wetlands: The Different Roles and Powers of State and Local Government Ap 39
Trehan, Ashley Bruce
Federal and Florida Courts Heighten the Requirements for Class Certification Ap 10
Trentalange, Mike
Setting a Case for Trial: Rule 1.440 Means What It Says Mr 50
W
Waller, Edward M., Jr.
Federal and Florida Courts Heighten the Requirements for Class Certification Ap 10
Wasserman, Jamie B.
Hybrid Debt/Equity Transactions: Do They Intersect with the Usury Laws? Ap 22
Wells, Thomas O.
After Olmstead: Will a Multiple-member LLC Continue to Have Charging Order Protection? D 8
White, Richard A.
Florida Financial Reform After Madoff N 22
Wisotsky, Steven
Sounds and Images of Persuasion: A Primer F 40
Wolfe, Richard C.
Proving Disgorgement Damages in a Copyright Infringement Case Is a Three-act Play F 26
Subject Index
A
Administrative Law
Fighting for Public Dollars: Procedures and Pitfalls of Protesting Government Bid Awards Ap 45
Practice Pointers for Administrative Hearings Examination of Witnesses Jy/Ag 36
Amendments
Close Encounters of the Referendum Kind N 56
Annual Reports
Annual Reports of Committees of The Florida Bar Je 8
Annual Reports of Sections and Divisions of The Florida Bar Je 36
Clients’ Security Fund Jy/Ag 64
Legal Needs of Children Jy/Ag 23
Appellate Practice and Advocacy
Florida State and Federal Appellate Rules: Distinctions with a Difference Je 74
Judging Your Appeal: A Practitioner’s Perspective My 34
Judicial Notice on Appeal: A History Lesson in Recent Trends D 45
Jumping the Gun: Premature Appeals in Civil Cases Mr 42
Order in the Courts: The Ongoing Challenge of Safeguarding Against Frivolity and Extortion S/O 66
Putting the Lid Back on Pandora’s “Jar”: A Clarion Call for the Elimination of Contingency Risk Mulipliers in Florida PIP Litigation Jy/Ag 24
The Record on Appeal: What Do You Do When There Was No Court Reporter? N 38
Sounds and Images of Persuasion: A Primer F 40
Toward a More “Convenient” Standard of Review in Cases Involving Forum Non Conveniens Issues Ja 40
Understanding Fiduciary Duty Mr 20
Arbitration
Re-examining the Presumption in Favor of Arbitration in Complex Commercial Cases Mr 8
Assets
Asset Location: Why Attorneys Should Bridge the Perceived Investment Gap Mr 46
Asset Purchase Stockholders’ Agreements Ap 53
Beyond the Imminent Sale Doctrine: Valuing Assets with Imbedded Tax Consequences Je 87
New §736.0505(3) Assures Tax/Asset Protection of Inter Vivos QTIP Trusts D 50
Tax and Asset Protection Benefits Afforded Florida Domiciliaries F 32
Attorneys’ Fees
The IRS Will Absolutely, Positively Not Pay Your Attorneys’ Fees (Or Will They?) My 28
B
Benefits
Tax and Asset Protection Benefits Afforded Florida Domiciliaries F 32
Business Law
Business Valuation for the Practitioner: Identifying the Common Areas of Manipulation by the Valuator S/O 59
Five Compelling Reasons to Build a Presuit Mediation Clause into Your Business Contracts Ja 44
Florida Financial Reform After Madoff N 22
The Plausibility Standard as a Double-edged Sword: The Application of Twombly and Iqbal to Affirmative Defenses Je 77
Proving Disgorgement Damages in a Copyright Infringement Case Is a Three-act Play F 26
Understanding Fiduciary Duty Mr 20
C
Children
Custody Determination: Who Gets the Dependency Exemption and Child Tax Credit? Jy/Ag 58
Fatherhood in Florida D 24
Legal Needs of Children Jy/Ag 23
Through the Eyes of a Child: Impact and Measures to Protect Children in High-conflict Family Law Litigation Ap 57
What Do I Do Now? All of the Children Are Not Exercising the Same Timesharing Schedule Ja 46
Child Support
What Do I Do Now? All of the Children Are Not Exercising the Same Timesharing Schedule Ja 46
City, County and Local Government Law
Fighting for Public Dollars: Procedures and Pitfalls of Protesting Government Bid Awards Ap 45
Florida Is Keeping Pace: House Bill 7179 S/O 44
Modern Sunshine: Attending Public Meetings in the Digital Age Ap 28
Civil Procedure
Jumping the Gun: Premature Appeals in Civil Cases Mr 42
Claims
Goble, ThyssenKrupp, and the Collateral Source Rule: Resolving the Ongoing Conflict D 18
The Impact of Federal, State, and Local False Claims Acts on the Construction Industry S/O 48
Section 2053 Final Regulations: Continued Uncertainty? Je 97
Class
Federal and Florida Courts Heighten the Requirements for Class Certification Ap 10
Commercial Law
Re-examining the Presumption in Favor of Arbitration in Complex Commercial Cases Mr 8
Communications
How Broad Is Web Publisher Immunity Under §230 of the Communications Decency Act of 1996? F 8
Constitution, Florida
Close Encounters of the Referendum Kind N 56
JNCs: Return to the Way We Were Mr 4
Construction
Hidden Legal Risks of Green Building Mr 35
The Impact of Federal, State, and Local False Claims Acts on the Construction Industry S/O 48
Venue Considerations in Construction Disputes My 20
Contracts
Five Compelling Reasons to Build a Presuit Mediation Clause into Your Business Contracts Ja 44
Copyright
Proving Disgorgement Damages in a Copyright Infringement Case Is a Three-act Play F 26
Court Funding
Averting the “Tipping Point of Dysfunction” F 6
Courts
After Olmstead: Will a Multiple-member LLC Continue to Have Charging Order Protection? D 8
Basic Steps for Good Peer Review F 38
Federal and Florida Courts Heighten the Requirements for Class Certification Ap 10
The Rebirth of the Florida Standard Civil Jury Instructions My 12
The Record on Appeal: What Do You Do When There Was No Court Reporter? N 38
Setting a Case for Trial: Rule 1.440 Means What It Says Mr 50
What Belongs to the Courts Should Stay with the Courts Ja 6
D
Damages
Goble, ThyssenKrupp, and the Collateral Source Rule: Resolving the Ongoing Conflict D 18
Proving Disgorgement Damages in a Copyright Infringement Case Is a Three-act Play F 26
Punitive Damages Against Fiduciaries: Leaving Hoppe Behind and Allowing Punitive Damages Where Equitable Relief Is Sought, Part I N 42
Part II D 40
Debt
Hybrid Debt/Equity Transactions: Do They Intersect with the Usury Laws? Ap 22
Defense
The Plausibility Standard as a Double-edged Sword: The Application of Twombly and Iqbal to Affirmative Defenses Je 77
Discrimination
The Age Discrimination in Employment Act of 1967: Issues Litigated at the Supreme Court Level F 20
Disputes
Venue Considerations in Construction Disputes My 20
Divorce
Custody Determination: Who Gets the Dependency Exemption and Child Tax Credit? Jy/Ag 58
Fatherhood in Florida D 24
Through the Eyes of a Child: Impact and Measures to Protect Children in High-conflict Family Law Litigation Ap 57
What Do I Do Now? All of the Children Are Not Exercising the Same Timesharing Schedule Ja 46
E
Education
Advice to Law Grads: Do Your Best and the Rest Will Follow My 10
This Good Lawyer Is a Great Teacher Jy/Ag 4
Elder Law
Exempt Property Under the Florida Probate Code: 2009 Amendments to F.S. §732.402 and Statutory Exemptions Jy/Ag 62
Medicare Myths: What Every Trial Lawyer Should Know About the MSP & Liability Medicare Set Asides N 46
Employment Law
The Age Discrimination in Employment Act of 1967: Issues Litigated at the Supreme Court Level F 20
Environmental Law
ABCs of Local Land Use and Zoning Decisions Ja 20
Florida’s Beach Restoration Program Weathers a Storm in the Courts: Stop the Renourishment v. Florida Department of Environmental Protection N 10
Hidden Legal Risks of Green Building Mr 35
Planning and Permitting to Protect Wetlands: The Different Roles and Powers of State and Local Government Ap 39
Strictly Speaking, Does F.S. §376.313(3) Create Duty to Everybody, Everywhere?, Part I S/O 36
Part II N 32
Tapping the Last Oasis: Florida-friendly Landscaping and Homeowners’ Associations My 39
Why Do Federal Agencies Rely on ARNI Designations in Environmental Planning? D 56
Equity
Hybrid Debt/Equity Transactions: Do They Intersect with the Usury Laws? Ap 22
Estate Planning
Five Tax Traps for Resident Noncitizens (and Their Attorneys!) D 33
Ethics
Basic Steps for Good Peer Review F 38
Extortion
Order in the Courts: The Ongoing Challenge of Safeguarding Against Frivolity and Extortion S/O 66
F
Family Law
Beyond the Imminent Sale Doctrine: Valuing Assets with Imbedded Tax Consequences Je 87
Custody Determination: Who Gets the Dependency Exemption and Child Tax Credit? Jy/Ag 58
Fatherhood in Florida D 24
Section 2053 Final Regulations: Continued Uncertainty? Je 97
Through the Eyes of a Child: Impact and Measures to Protect Children in High-conflict Family Law Litigation Ap 57
What Do I Do Now? All of the Children Are Not Exercising the Same Timesharing Schedule Ja 46
Fiduciary
Punitive Damages Against Fiduciaries: Leaving Hoppe Behind and Allowing Punitive Damages Where Equitable Relief Is Sought, Part I N 42
Part II D 40
Understanding Fiduciary Duty Mr 20
Florida Bar, The
2010 Offers Grant Program to Voluntary Bar Associations that Encourage Diversity N 64
Annual Reports of Committees of The Florida Bar Je 8
Annual Reports of Sections and Divisions of The Florida Bar Je 36
Clients’ Security Fund Jy/Ag 64
Escambia/Santa Rosa County Bar Foundation Wall of Honor My 44
Legal Needs of Children Jy/Ag 23
Mayanne Downs — President of The Florida Bar Jy/Ag 10
Reflections on My Year as Bar President Je 4
The Seminole County Bar Association Is Named the Recipient of the 2010 Voluntary Bar Pro Bono Service Award Ap 61
Foreclosure
The Mortgage Foreclosure Crisis in Florida: A 21st Century Solution
Je 91
Forum Non Conveniens
Toward a More “Convenient” Standard of Review in Cases Involving Forum Non Conveniens Issues Ja 40
Fraud
Honest Services Fraud: Federal Prosecution of Public Corruption at the State and Local Levels Je 82
I
Innocence
A Plea to Learn from Past Injustices Ap 6
International Law
Tax Dodgers Beware: New Foreign Account Tax Compliance Legislation Jy/Ag 52
Investment
Asset Location: Why Attorneys Should Bridge the Perceived Investment Gap Mr 46
Can an Investment Become a Theft for Tax Purposes? Ja 27
J
Judges/Judiciary
Allow Instant Replay in Jury Trial? S/O 54
Charles T. Canady — Chief Justice of the Florida Supreme Court S/O 10
Florida State and Federal Appellate Rules: Distinctions with a Difference Je 74
JNCs: Return to the Way We Were Mr 4
Judicial Notice on Appeal: A History Lesson in Recent Trends D 45
Jumping the Gun: Premature Appeals in Civil Cases Mr 42
Order in the Courts: The Ongoing Challenge of Safeguarding Against Frivolity and Extortion S/O 66
A Plea to Learn from Past Injustices Ap 6
The Rebirth of the Florida Standard Civil Jury Instructions My 12
Reining in Juror Misconduct: Practical Suggestions for Judges and Lawyers Ja 8
Setting a Case for Trial: Rule 1.440 Means What It Says Mr 50
Juries
Allow Instant Replay in Jury Trial? S/O 54
The Rebirth of the Florida Standard Civil Jury Instructions My 12
Reining in Juror Misconduct: Practical Suggestions for Judges and Lawyers Ja 8
L
Landlord/Tenant
The Loss of Homestead Through Rental Ja 34
Land Use
ABCs of Local Land Use and Zoning Decisions Ja 20
Planning and Permitting to Protect Wetlands: The Different Roles and Powers of State and Local Government Ap 39
Strictly Speaking, Does F.S. §376.313(3) Create Duty to Everybody, Everywhere? Part I S/O 36
Part II N 32
Tapping the Last Oasis: Florida-friendly Landscaping and Homeowners’ Associations My 39
Why Do Federal Agencies Rely on ARNI Designations in Environmental Planning? D 56
Law School
Advice to Law Grads: Do Your Best and the Rest Will Follow My 10
Legal Writing
The Art of Persuasion Through Legal Citations Ap 49
Legislation
Averting the “Tipping Point of Dysfunction” F 6
Documentary Stamp Tax: The Legislature Strikes Back N 52
Florida Financial Reform After Madoff N 22
Florida Is Keeping Pace: House Bill 7179 S/O 44
Tax Dodgers Beware: New Foreign Account Tax Compliance Legislation Jy/Ag 52
Limited Liability
After Olmstead: Will a Multiple-member LLC Continue to Have Charging Order Protection? D 8
Litigation
The IRS Will Absolutely, Positively Not Pay Your Attorneys’ Fees (Or Will They?) My 28
Local Bar Associations
2010 Offers Grant Program to Voluntary Bar Associations that Encourage Diversity N 64
Escambia/Santa Rosa County Bar Foundation Wall of Honor My 44
The Seminole County Bar Association Is Named the Recipient of the 2010 Voluntary Bar Pro Bono Service Award Ap 61
Local Government
Florida Is Keeping Pace: House Bill 7179 S/O 44
Honest Services Fraud: Federal Prosecution of Public Corruption at the State and Local Levels Je 82
Modern Sunshine: Attending Public Meetings in the Digital Age Ap 28
Planning and Permitting to Protect Wetlands: The Different Roles and Powers of State and Local Government Ap 39
M
Mediation
Five Compelling Reasons to Build a Presuit Mediation Clause into Your Business Contracts Ja 44
Medicare
Goble, ThyssenKrupp, and the Collateral Source Rule: Resolving the Ongoing Conflict D 18
Medicare Myths: What Every Trial Lawyer Should Know About the MSP & Liability Medicare Set Asides N 46
N
Noncitizens
Five Tax Traps for Resident Noncitizens (and Their Attorneys!) D 33
Notices
Judicial Notice on Appeal: A History Lesson in Recent Trends D 45
P
Partnerships
After Olmstead: Will a Multiple-member LLC Continue to Have Charging Order Protection? D 8
President, The Florida Bar
Advice to Law Grads: Do Your Best and the Rest Will Follow My 10
Averting the “Tipping Point of Dysfunction” F 6
JNCs: Return to the Way We Were Mr 4
Mayanne Downs — President of The Florida Bar Jy/Ag 10
A Plea to Learn from Past Injustices Ap 6
The Power of One N 6
Reflections on My Year as Bar President Je 4
Technology — The Elusive Balance S/O 6
This Good Lawyer Is a Great Teacher Jy/Ag 4
A Way Out for Lawyers in Despair D 4
What Belongs to the Courts Should Stay with the Courts Ja 6
Probate
Exempt Property Under the Florida Probate Code: 2009 Amendments to F.S. §732.402 and Statutory Exemptions Jy/Ag 62
Ten Tips for Handling Complex Probate F 45
Pro Bono
Escambia/Santa Rosa County Bar Foundation Wall of Honor My 44
Legal Needs of Children Jy/Ag 23
The Power of One N 6
The Seminole County Bar Association Is Named the Recipient of the 2010 Voluntary Bar Pro Bono Service Award Ap 61
This Good Lawyer Is a Great Teacher Jy/Ag 4
Professionalism
Advice to Law Grads: Do Your Best and the Rest Will Follow My 10
Escambia/Santa Rosa County Bar Foundation Wall of Honor My 44
A Way Out for Lawyers in Despair
D 4
Property Law
Exempt Property Under the Florida Probate Code: 2009 Amendments to F.S. §732.402 and Statutory Exemptions Jy/Ag 62
Florida’s Beach Restoration Program Weathers a Storm in the Courts: Stop the Renourishment v. Florida Department of Environmental Protection N 10
The Loss of Homestead Through Rental Ja 34
The Robertson Case: A Beneficiary by Any Other Name Is Still a Beneficiary Ap 34
Public Interest Law
Legal Needs of Children Jy/Ag 23
The Power of One N 6
R
Real Estate
But Is It a Condominium? Village of Doral Place Association, Inc., v. Ru4 Real, Inc. Jy/Ag 44
The Loss of Homestead Through Rental Ja 34
The Mortgage Foreclosure Crisis in Florida: A 21st Century Solution
Je 91
Real Property
But Is It a Condominium? Village of Doral Place Association, Inc., v. Ru4 Real, Inc. Jy/Ag 44
Close Encounters of the Referendum Kind N 56
Florida’s Beach Restoration Program Weathers a Storm in the Courts: Stop the Renourishment v. Florida Department of Environmental Protection N 10
Hidden Legal Risks of Green Building Mr 35
The Impact of Federal, State, and Local False Claims Acts on the Construction Industry S/O 48
The Mortgage Foreclosure Crisis in Florida: A 21st Century Solution Je 91
New §736.0505(3) Assures Tax/Asset Protection of Inter Vivos QTIP Trusts D 50
The Robertson Case: A Beneficiary by Any Other Name Is Still a Beneficiary Ap 34
Ten Tips for Handling Complex Probate F 45
Venue Considerations in Construction Disputes My 20
S
Space Law
2010: Space Law in the Sunshine State S/O 24
Spotlight
2010 Offers Grant Program to Voluntary Bar Associations that Encourage Diversity N 64
Escambia/Santa Rosa County Bar Foundation Wall of Honor My 44
The Seminole County Bar Association Is Named the Recipient of the 2010 Voluntary Bar Pro Bono Service Award Ap 61
Standards of Review
Judging Your Appeal: A Practitioner’s Perspective My 34
State Government
Averting the “Tipping Point of Dysfunction” F 6
Fighting for Public Dollars: Procedures and Pitfalls of Protesting Government Bid Awards Ap 45
Honest Services Fraud: Federal Prosecution of Public Corruption at the State and Local Levels Je 82
Planning and Permitting to Protect Wetlands: The Different Roles and Powers of State and Local Government Ap 39
Statutes
Strictly Speaking, Does F.S. §376.313(3) Create Duty to Everybody, Everywhere?,
Part I S/O 36
Part II N 32
Supreme Court, The
The Plausibility Standard as a Double-edged Sword: The Application of Twombly and Iqbal to Affirmative Defenses Je 77
Supreme Court, The Florida
After Olmstead: Will a Multiple-member LLC Continue to Have Charging Order Protection? D 8
The Age Discrimination in Employment Act of 1967: Issues Litigated at the Supreme Court Level F 20
Charles T. Canady — Chief Justice of the Florida Supreme Court S/O 10
Documentary Stamp Tax: The Legislature Strikes Back N 52
Florida’s Beach Restoration Program Weathers a Storm in the Courts: Stop the Renourishment v. Florida Department of Environmental Protection N 10
Goble, ThyssenKrupp, and the Collateral Source Rule: Resolving the Ongoing Conflict D 18
A Plea to Learn from Past Injustices Ap 6
Putting the Lid Back on Pandora’s “Jar”: A Clarion Call for the Elimination of Contingency Risk Mulipliers in Florida PIP Litigation Jy/Ag 24
T
Tax Law
Asset Location: Why Attorneys Should Bridge the Perceived Investment Gap Mr 46
Asset Purchase Stockholders’ Agreements Ap 53
Beyond the Imminent Sale Doctrine: Valuing Assets with Imbedded Tax Consequences Je 87
But Is It a Condominium? Village of Doral Place Association, Inc., v. Ru4 Real, Inc. Jy/Ag 44
Can an Investment Become a Theft for Tax Purposes? Ja 27
Custody Determination: Who Gets the Dependency Exemption and Child Tax Credit? Jy/Ag 58
Documentary Stamp Tax: The Legislature Strikes Back N 52
Five Tax Traps for Resident Noncitizens (and Their Attorneys!) D 33
The IRS Will Absolutely, Positively Not Pay Your Attorneys’ Fees (Or Will They?) My 28
New §736.0505(3) Assures Tax/Asset Protection of Inter Vivos QTIP Trusts D 50
Section 2053 Final Regulations: Continued Uncertainty? Je 97
Tax and Asset Protection Benefits Afforded Florida Domiciliaries F 32
Tax Dodgers Beware: New Foreign Account Tax Compliance Legislation Jy/Ag 52
Technology
How Broad Is Web Publisher Immunity Under §230 of the Communications Decency Act of 1996? F 8
Modern Sunshine: Attending Public Meetings in the Digital Age Ap 28
Technology — The Elusive Balance
S/O 6
Torts
Goble, ThyssenKrupp, and the Collateral Source Rule: Resolving the Ongoing Conflict D 18
Putting the Lid Back on Pandora’s “Jar”: A Clarion Call for the Elimination of Contingency Risk Mulipliers in Florida PIP Litigation Jy/Ag 24
Tourism
2010: Space Law in the Sunshine State S/O 24
Trial
Allow Instant Replay in Jury Trial? S/O 54
Basic Steps for Good Peer Review
F 38
Medicare Myths: What Every Trial Lawyer Should Know About the MSP & Liability Medicare Set Asides N 46
Practice Pointers for Administrative Hearings Examination of Witnesses Jy/Ag 36
Punitive Damages Against Fiduciaries: Leaving Hoppe Behind and Allowing Punitive Damages Where Equitable Relief Is Sought, Part I N 42
Part II D 40
The Record on Appeal: What Do You Do When There Was No Court Reporter? N 38
Setting a Case for Trial: Rule 1.440 Means What It Says Mr 50
Sounds and Images of Persuasion: A Primer F 40
Trusts
New §736.0505(3) Assures Tax/Asset Protection of Inter Vivos QTIP Trusts D 50
The Robertson Case: A Beneficiary by Any Other Name Is Still a Beneficiary Ap 34
Ten Tips for Handling Complex Probate F 45
U
Usury
Hybrid Debt/Equity Transactions: Do They Intersect with the Usury Laws? Ap 22
V
Valuation
Business Valuation for the Practitioner: Identifying the Common Areas of Manipulation by the Valuator S/O 59
W
Witnesses
Practice Pointers for Administrative Hearings Examination of Witnesses Jy/Ag 36
Z
Zoning
ABCs of Local Land Use and Zoning Decisions Ja 20
