You be the Judge: Judicial Selection Methods

There is much controversy regarding the selection of judges and what system works best. Some would argue that “merit selection,” where candidates apply for approval by a committee and are appointed by the governor, is best, while others believe that the voters should choose judges. The Florida Bar defines “merit selection” as “[a] method for selecting judges solely on the basis of merit rather than through the Read More

The Women of CABA

The Women of CABA – Successful Leadership in a Male-Dominated Profession CABA Briefs Spring 2012 Men overwhelmingly occupy the most prestigious, influential, and lucrative positions in law firms. Nationally, women represent only 15 percent of equity partners at the two-hundred largest law firms, according to an annual survey on the status of women in law firms conducted by the National Association of Women Lawyers. Read More

Property Rights in Cuba: the Impact of Recent “Reforms”

Property Rights in Cuba and the Impact of Recent “Reforms” Shortly after the Cuban revolution brought Fidel Castro to power in 1959, the new regime abolished nearly all private property rights, resulting in a property system virtually unrecognizable to many Americans. Car sales were severely limited, and most homes effectively became the property of the state. With home ownership forbidden, home sales were Read More

Dealing with Abusive Tactics in Depositions

Dealing with Abusive Tactics in Depositions One of the most frustrating situations a lawyer can face is the inappropriate behavior of opposing counsel during a deposition. Depositions are one of the most important of the pre-trial discovery tools, yet attorneys can be tempted to decide what questions the witness should answer, or help the witness formulate answer. They might object or otherwise interrupt, then Read More

“Who Cares?” and “So What?” An Approach to Medical Malpractice Case Selection

“Who Cares?” and “So What?”:  An Approach to Case Selection in Medical Malpractice By: Jane W. Muir and Hector J. Lombana While plaintiffs in tort trials win slightly more often that not (about 52%), the success rate for medical malpractice plaintiffs is relatively abysmal. In those cases, studies have found that defendants prevail somewhere between 73%-81% of the time. It may be that there is something Read More

“Vamos a Cuba” is Going Nowhere

Vamos a Cuba! Is Going Nowhere On November 16, 2009, the United State Supreme Court unanimously denied a petition for writ of certiorari from petitioners, including the American Civil Liberties Union, to keep a children’s book, Vamos a Cuba!, on library shelves in Miami-Dade County Public Schools. Though only 32 pages long, the book inspired hundreds of pages of opinion in federal courts and a three-year clash Read More

Corporate Philanthropy is Not an Oxymoron

Corporate Philanthropy Is Not an Oxymoron Corporations have had a prominent role in relief efforts after natural disasters abroad, sending money and aid to those affected by the Tsunami in Southeast Asia and the earthquake in Haiti. Similarly, corporate charitable foundations and partnerships have benefited communities at home, strengthening local relationships. Yet opponents of corporate philanthropy argue that Read More

Toxic Derivatives and their Role in the Current Economic Crisis

The onset of the current financial crisis has raised many questions that go to the very core of American corporate practice and we are only recently learning about the underlying causes of this recession. But if we examine these financial markets we recognize a common denominator, a word that many have used but only a few understand: derivatives. The fundamental cause of the mortgage crisis was irresponsible Read More