Constitutional rights

January 9, 2018

BANKRUPTCY’S FRESH START

For small businesses, just as for individuals, bankruptcy should dispose of all disputes with their creditors.  A discharge under Chapter 7 or confirmation of a payment […]
December 21, 2017

WHAT TO MY WONDERING EYES SHOULD APPEAR…

… but a massive, enormous, extravagant Christmas lights display on what used to be a quiet residential corner. In an era when enterprising people organize paying […]
October 26, 2017

HOW TO PROTECT YOUR LLC’S CORPORATE VEIL

Limited liability is the cornerstone of modern, corporate free enterprise.  It means the entrepreneur puts no more of their personal fortune at risk than they invest […]
October 17, 2017

A NEW TWIST TO AN OLD QUESTION ABOUT NON-COMPETES

The purpose of non-compete agreements, paradoxically, is to allow competition (there is a right to work and compete), all while preventing unfair competition by protecting employers’ Legitimate Business […]
August 17, 2017

FIRE THEM! OR CAN YOU?

In the wake of the events in Charlottesville, a question came up in the business community.  Can you fire someone for being a white supremacist? The […]
August 4, 2017

THE SCOURGE OF PROFESSIONAL PLAINTIFFS

The ADA is a noble law, and not just for bleeding-heart types of reasons. Certainly, it is primarily motivated by the emotional desire to see those […]
August 3, 2017

BUT WE’RE FAMILY!

We’re all family.  We all get along.  So we don’t need to pay a lawyer to prepare all kinds of paperwork for our family business. Right? […]
July 25, 2017

YOU’RE ON JURY DUTY. NOW WHAT?

If you have been selected for jury duty, a New York Times headline might have grabbed your attention.  It said that “Jury Secrecy Doesn’t Apply if […]
July 19, 2017

DELTA MESSED UP. ARE THE LAWYERS TO BLAME?

The most useful and most ignored advice in crisis management is this: say it early, say it all, and say it yourself. But when media personality […]
February 10, 2017

DOWN IN THE TRENCHES

Do you know the difference between general and special damages? One “actually and necessarily” flows from the alleged wrong; the other “might result” from it but […]
January 31, 2017

CHOOSE YOUR REGISTERED AGENT CAREFULLY

For businesses, the first quarter of each year brings a number of fiscal and legal obligations.  A business must, for instance, file its Annual Report with […]
January 24, 2017

HOW THE YEAR ENDED

The Florida Supreme Court decides remarkably few civil decisions, and even fewer commercial ones.  Its docket is dominated by review of death-penalty decisions and updating rules […]
October 23, 2015

ON THE CONSTITUTIONAL FRONTIER

Traveling internationally can be exhilarating.  Coming home can be comforting.  But in the middle, our constitutional rights disappear. Courts from the Supremes on down have ruled […]
August 20, 2015

SO SPOKE… WHO?

The murderous rampage by a racist young man who wrapped himself in the confederate flag jolted the previously somnolent debate about the meaning of that flag.  […]
August 17, 2015

FOLLOW THE SIGNS

Under one municipal code, signs advocating this or that political opinion or philosophy are limited to 20 square feet; campaign signs may grow to 32 square […]
August 5, 2015

WHEN A SMALL WIN CAN HERALD A BIGGER ONE

It seemed a narrow case, one of those of no interest to anyone but the parties involved.  A law that gave the federal government the right […]
October 29, 2014

THE CONSTITUTION’S SLIDING SCALE

We continue to take the opportunity offered by the U.S Supreme Court opening its 2014-15 term to review some interesting areas of constitutional law.  And so […]
September 18, 2014

GUARDRAILS ON THE INFORMATION SUPERHIGHWAY

On the information superhighway, the guardrails protecting the institutional press also protect the rest of us.  An Opinion earlier this year on the other side of […]
March 12, 2014

AT THE SCHOOLHOUSE’S STEPS

Courts have paid lip service on more than one occasion to the proposition that public school students do not shed their rights at the school’s doors.  […]
February 12, 2014

TESTING SPEECH

Freedom of speech means protecting speech we disagree with – even speech we hate.  The Supreme Court reminded us of that, for example, when it upheld […]
December 27, 2013

WHAT ABOUT DAD?

It is inevitable, in a nation of laws, that Courts should become involved in those highly emotional matters of life and love and family fights.  This […]