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Meet the New Boss, Same as the Old Boss?

  Smile and grin at the change all around me Pick up my guitar and play Just like yesterday And I’ll get on my knees and pray We don’t get fooled again ~ Pete Townsend, Who’s Next 1971 On July 21, 2011, registration and enforcement jurisdiction over the Interstate Land Sales Full Disclosure Act ("ILSA") [...]

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The Protect IP Act: Big Brother’s Nickname is “PIPA.”

  If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter. ~ George Washington (1732-1799) At the expense of legitimate commerce, PIPA’s prescription takes an overreaching approach to policing the Internet when a more balanced and targeted approach would be more effective. The collateral [...]

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Parade of Horribles: 11th Circuit Side Steps Swire Pacific Holdings

  “Language is the apparel in which your thoughts parade before the public. Never clothe them in vulgar or shoddy attire.”  ~George Crane Old-time celebrations are to be held tomorrow at Littleton, Lancaster, Colebrook, and Conway, with all the usual features of street parades of horribles and grotesques, brass bands, decorated automobiles and vehicles, exhibitions [...]

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Ride of the Dark Horse: An update on Terra-Adi and Swire Pacific Holdings

  A dark horse, which had never been thought of . . . rushed past the grand stand to sweeping triumph. Benjamin Disraeli (BritishPrime Minister and Novelist. 1804-1881)   My money’s riding on this dark horse, baby My heart is sayin’ it’s the lucky one And its true color’s gonna shine through someday If we [...]

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Out of Limbo? Monies in excess of 15% Ordered Released in Terra-Adi Intern. Bayshore, LLC v. Georgarious

  “A little fact is worth a whole limbo of dreams.” ~ Ralph Waldo Emerson “The cause is hidden. The effect is visible to all.” ~ Ovid Ordinarily I would not provide an entire court opinion in a blog entry.  However, in this case I will make an exception.  Out of context, this opinion seems [...]

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Irreconcilable Differences: The Stein v. Paradigm Court Divorces Itself From Precedent on the Interstate Land Sales Full Disclosure Act

   Quædam iura non scripta, sed omnibus scriptis certiora sunt. “Some laws are not written, but are more decisive than any written law.” Seneca the Elder, Controversiae , Bk. 1, ch. 1, sect. 14; translation from Norman T. Pratt Seneca’s Drama (Chapel Hill: University of North Carolina Press, 1983) p. 140. We must not make a scarecrow of [...]

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Plaza Court, L.P., v. Baker-Chaput and O’Brien: Florida Adopts the Jankus Rationale on the Interstate Land Sales Act

In Plaza Court, L.P., v. Shane Baker-Chaput and Christine O’Brien, — So.3d —-, 2009 WL 1809921 (Fla. 5th DCA June 26, 2009), the Florida Fifth District Court of Appeals appears to have put to rest many of the issues dividing the federal courts on Florida law, as it applies to Interstate Land Sales Full Disclosure [...]

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