Category: Florida BAR article
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The Disproportionate Impact of Heirs Property in Florida’s Low-Income Communities of Color
Heirs’ property is when multiple people own a piece of land together, often because a family member died without a will. This can make it hard for people to sell or take care of the property. It affects African-American families more, especially in the southeastern United States. In Florida, when someone dies without a will,…
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Can Technology Bridge the Justice Gap?
In short, the legal firm is representing a client in a lawsuit against a big company for toxic waste pollution. The company is accused of not properly cleaning up the pollution and harming the environment. The legal firm is arguing that the company should be held accountable and pay for the damage they caused. The…
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As the Twig Is Bent: Law Student Insights Regarding Pro Bono and Public Interest Law
We talked to law students about how to get more people interested in public interest legal jobs and doing pro bono work. We were surprised that even the students who want to make a lot of money as lawyers had good ideas. We will share their suggestions and figure out who in the legal profession…
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The Use of Next Friends to Seek Appointment of Counsel for Dependent Children Who Are Incapable or Unable to Request Appointment of Counsel
Matthew is a young boy who has been in and out of foster care because his mom has struggled with drug problems. He was living with his cousin, Brad, who was like a dad to him. But then, the court removed Matthew from Brad’s care without giving him a chance to say goodbye. Now, Matthew…
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Mediation Myths and Urban Legends
Mediation is a big part of Florida’s court system and has been around for a long time. There are a lot of rules and laws about how mediation works, and lawyers need to understand them to help their clients in mediation. This article will talk about the top 10 myths and misunderstandings about mediation to…
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The Demise of the Death Penalty for the Mentally Retarded
The U.S. Supreme Court ruled in Atkins v. Virginia that mentally retarded people cannot be given the death penalty because they don’t have the same level of moral responsibility as other criminals. The case involved Daryl Renard Atkins, who was involved in a robbery and murder. His accomplice, William Jones, received a lesser sentence in…
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The Value of High Quality, Comprehensive Information to Decisionmakers in Juvenile Cases
Casey is a 16-year-old who has been through a lot. He has no family and has lived in many different places. He has been diagnosed with several emotional and behavioral disorders. He has been in trouble with the law for things like theft and resisting arrest. People who work with him are frustrated because they…
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The Origination and Early Development of Free Speech in the United States: A Brief Overview
The First Amendment protects freedom of speech in the United States. It means that the government can’t make laws that stop people from saying what they want. This idea started with the early settlers and has grown to include freedom of the press and the right to peacefully protest. The concept of free speech in…
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How Free Is the Speech of Public School Students?
In some cases, students have sued their school boards for taking down their projects or art that they felt was being censored. Some students won their cases, while others lost. The reason for this is that different courts have different ways of looking at these kinds of disputes. There isn’t a clear answer to whether…
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Mental Illness and the Right to Contract
The Florida Supreme Court has set standards for determining mental incompetence in contract matters. They must determine if the person understood the nature and effect of the transaction when they signed the contract. This means that if someone is mentally incompetent at the time they signed a contract, they may be able to cancel the…
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Florida Irrevocable Grantor Homestead Trust: Having Your Cake and Eating it Too Second Course
The FIGHT is a way for people in Florida to pass on their homes to their family without having to worry about certain restrictions. But it’s important to understand the tax implications of using a FIGHT, because it could affect estate, gift, and income taxes. Basically, using a FIGHT means that the home will still…
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Florida Irrevocable Grantor Homestead Trust: Having Your Cake and Eating It Too â First Course
The saying “you can’t have your cake and eat it too” means you can’t have two good things at once. But in Florida, using a special trust called a Florida Irrevocable Grantor Homestead Trust (FIGHT), you might be able to keep the benefits of homestead protection without some of the drawbacks. The FIGHT is a…
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Transferring Real Property into Limited Liability Companies in Florida: Benefits and Considerations
Transferring real property into an LLC in Florida can protect your personal assets if there’s a problem with the property. This means that only the assets owned by the LLC, and not your personal assets, are at risk. However, there are some things you need to consider before making this transfer. If an LLC has…
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Senate Bill 4-D and the Champlain Towers South Disaster: A Problem in Response to a Problem
A building in Surfside collapsed, killing 98 people. A task force of experts looked into the cause and recommended changes to the law. Lawmakers introduced new bills, but none passed until a special session, where a new bill was passed quickly. This new law requires regular inspections and studies for condo buildings. People are worried…
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Understanding the New Florida Community Property Trust, Part II
When a married couple in Florida sets up a joint trust to hold their assets, if one spouse dies, the surviving spouse can change how their share of the trust is handled. But if the surviving spouse is the trustee, they might make mistakes that could cause problems, like giving away too much or not…
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Understanding the New Florida Community Property Trust, Part I
The Florida Community Property Trust Act provides benefits to married couples by allowing them to have joint ownership of assets in a special trust. This can bring tax advantages when one spouse passes away. Before this act, joint ownership in Florida was more limited. In community property states, assets acquired during marriage are generally considered…
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Protectors and Directors and Advisers: Oh My! The New Florida Uniform Directed Trust Act
In 2021, Florida passed a new law called the Florida Uniform Directed Trust Act, which deals with trusts where someone other than the trustee has power over parts of the trust. This is becoming more common, so it was necessary to create new laws to govern how these types of trusts work. In the past,…
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Chase v. Walgreen Company: Expanding Employee Protection Against Employer Retaliation
In Chase v. Walgreen Company, the court said that employees can’t be punished for seeking workers’ compensation. It’s not just about getting fired – even threats or pressure from the employer can be illegal. F.S. §440.205 protects employees from being fired, threatened, or mistreated by their employer for filing a workersâ compensation claim. The Florida…
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Deputy Court Clerks Can Now Collectively Bargain: Who’s Next?
The Florida Supreme Court recently ruled that deputy clerks are public employees and have the right to collective bargaining. This decision could have a big impact on thousands of employees of constitutional officers in Florida, including deputy sheriffs. This ruling is similar to a previous case, Murphy v. Mack, where deputy sheriffs also fought for…
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Florida Workers’ Whistles Are Not Silenced
The Florida Supreme Court ruled that an employee does not have to give written notice to their employer of any unlawful activity in order to make a claim for being punished at work because of whistle-blowing. The court said that written notice is only needed for whistle-blowing based on disclosure, not for assistance or objection.…
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Whose Burden Is It, Anyway? The 11th Circuit’s Evolving Standard for Burden-Shifting in Employment
The legal firm is suing the car dealership for selling a defective car to their client, Jane Smith. They are seeking compensation for the damages and inconvenience caused. In 1964, Congress made it illegal for employers to discriminate based on race, color, religion, sex, or national origin. Since then, courts have struggled to balance Congressâ…
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Application of the Florida Civil Rights Act to Extraterritorial Employees in Sinclair V. De Jay Corp
The Florida Human Rights Act (FHRA) is a law that prohibits discrimination in employment, similar to a federal law called Title VII. A recent court case in Florida tested whether the FHRA applies to people and actions outside of Florida. The court decided to only look at the wording of the law itself, which could…
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Defining the Hourglass: When Is a Claim Under the Florida Civil Rights Act Time Barred?
In 1992, the Florida Civil Rights Act (FCRA) changed the rules for filing a claim under the Human Rights Act. This article will focus on the time limit for filing a lawsuit under the FCRA. The Florida Commission on Human Relations must decide if there is a case of discrimination within 180 days. If they…
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Supervisor Liability Under the Family and Medical Leave Act: The Judicially Created Public Official
The 11th Circuit Court ruled that individual public officials cannot be held personally responsible for violating the Family and Medical Leave Act (FMLA). This means that if a public official fails to follow the rules of the FMLA, they cannot be sued as individuals. This decision is controversial and goes against the decisions of other…