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Articles 1 - 30 of 149
Full-Text Articles in Law
“Remarkable Influence”: The Unexpected Importance Of Justice Scalia's Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom
“Remarkable Influence”: The Unexpected Importance Of Justice Scalia's Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom
The Journal of Appellate Practice and Process
No abstract provided.
May It Please The Court–Or Not: Appellate Judges' Preferences And Pet Peeves About Oral Argument, Margaret D. Mcgaughey
May It Please The Court–Or Not: Appellate Judges' Preferences And Pet Peeves About Oral Argument, Margaret D. Mcgaughey
The Journal of Appellate Practice and Process
No abstract provided.
Pothole Laws, Appellate Courts, And Judicial Drift, Kenneth L. Gartner
Pothole Laws, Appellate Courts, And Judicial Drift, Kenneth L. Gartner
The Journal of Appellate Practice and Process
This article begins by describing the structure of the appellate system in New York state, introducing the features of the typical New York pothole law, and summarizing the New York cases that set the substantive and procedural background for a discussion and analysis of judicial drift.
Native American Tribal Appellate Courts: Underestimated And Overlooked, Gregory D. Smith
Native American Tribal Appellate Courts: Underestimated And Overlooked, Gregory D. Smith
The Journal of Appellate Practice and Process
No abstract provided.
Wither Oral Argument? The American Academy Of Appellate Lawyers Says Let’S Resurrect It!, James C. Martin, Susan M. Freeman
Wither Oral Argument? The American Academy Of Appellate Lawyers Says Let’S Resurrect It!, James C. Martin, Susan M. Freeman
The Journal of Appellate Practice and Process
No abstract provided.
Slumping: The Eighth Circuit’S Supreme Court Batting Average In Federal-Sentencing Cases, Mark W. Bennett
Slumping: The Eighth Circuit’S Supreme Court Batting Average In Federal-Sentencing Cases, Mark W. Bennett
The Journal of Appellate Practice and Process
No abstract provided.
“What Are My Chances On Appeal?” Comparing Full Appellate Decisions To Per Curiam Affirmances, Steven N. Gosney
“What Are My Chances On Appeal?” Comparing Full Appellate Decisions To Per Curiam Affirmances, Steven N. Gosney
The Journal of Appellate Practice and Process
No abstract provided.
Surveying The Landscape As Technology Revolutionizes Media Coverage Of Appellate Courts, Howard J. Bashman
Surveying The Landscape As Technology Revolutionizes Media Coverage Of Appellate Courts, Howard J. Bashman
The Journal of Appellate Practice and Process
No abstract provided.
Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner
Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner
The Journal of Appellate Practice and Process
No abstract provided.
Narratives Of Self-Government In Making The Case, Benjamin L. Berger
Narratives Of Self-Government In Making The Case, Benjamin L. Berger
The Journal of Appellate Practice and Process
No abstract provided.
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States, Kristen A. Linsley
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States, Kristen A. Linsley
The Journal of Appellate Practice and Process
No abstract provided.
Appellate Standards Of Review Then And Now, Yves-Marie Morissette
Appellate Standards Of Review Then And Now, Yves-Marie Morissette
The Journal of Appellate Practice and Process
No abstract provided.
A History Of The Missouri Court Of Appeals: The Role Of Regional Conflicts In Shaping Intermediate Appellate Court Structure, Jamie Pamela Rasmussen
A History Of The Missouri Court Of Appeals: The Role Of Regional Conflicts In Shaping Intermediate Appellate Court Structure, Jamie Pamela Rasmussen
The Journal of Appellate Practice and Process
No abstract provided.
Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii
Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii
The Journal of Appellate Practice and Process
No abstract provided.
Infrequently Asked Questions, Edward T. Swaine
Infrequently Asked Questions, Edward T. Swaine
The Journal of Appellate Practice and Process
If appellate advocates could hear from courts about topics that might be raised during oral argument—as opposed to relying solely on their ability to anticipate the issues—might their answers be better? That seems likely, but it is unlikely that research could confirm that, as judicial practice overwhelmingly favors impromptu questioning. Spontaneity may be harmless if the question was predictable, or unavoidable if a judge just thought of the question. But sometimes advocates have to answer challenging questions concerning the law, facts, or implications of a position—questions that help decide the case, either due to the quality of the answer or …
Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter
Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter
The Journal of Appellate Practice and Process
No abstract provided.
A New Public-Interest Appellate Model: Public Counsel's Court-Based Self-Help Clinic And Pro Bono Triage For Indigent Pro Se Civil Litigants On Appeal, Meehan Rasch
The Journal of Appellate Practice and Process
No abstract provided.
Oral Argument In The Early Roberts Court: A Qualitative And Quantitative Analysis Of Individual Justice Behavior, James C. Phillips, Edward L. Carter
Oral Argument In The Early Roberts Court: A Qualitative And Quantitative Analysis Of Individual Justice Behavior, James C. Phillips, Edward L. Carter
The Journal of Appellate Practice and Process
No abstract provided.
Appellate Review Of Unpreserved Questions In Criminal Cases: An Attempt To Define The Interest Of Justice, Larry Cunningham
Appellate Review Of Unpreserved Questions In Criminal Cases: An Attempt To Define The Interest Of Justice, Larry Cunningham
The Journal of Appellate Practice and Process
No abstract provided.
The Desk. The Job. The Far Horizon, Nancy Bellhouse May
The Desk. The Job. The Far Horizon, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
Extended Vacancies, Crushing Caseloads, And Emergency Panels In The Federal Courts Of Appeals, Andrew L. Adler
Extended Vacancies, Crushing Caseloads, And Emergency Panels In The Federal Courts Of Appeals, Andrew L. Adler
The Journal of Appellate Practice and Process
No abstract provided.
The Appeal Of Technology, Nancy Bellhouse May
The Appeal Of Technology, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
Preface: A Computational Scientist's Perspective On Appellate Technology, Olaf O. Storaasli
Preface: A Computational Scientist's Perspective On Appellate Technology, Olaf O. Storaasli
The Journal of Appellate Practice and Process
No abstract provided.
Introduction: Achieving Better Court Management Through Better Data, Roger A. Hanson, Brian J. Ostrom
Introduction: Achieving Better Court Management Through Better Data, Roger A. Hanson, Brian J. Ostrom
The Journal of Appellate Practice and Process
No abstract provided.
Tentative Oral Opinions: Improving Oral Argument Without Spending A Dime, Joshua Stein
Tentative Oral Opinions: Improving Oral Argument Without Spending A Dime, Joshua Stein
The Journal of Appellate Practice and Process
No abstract provided.
Trial-Court Discretion: Its Exercise By Trial Courts And Its Review By Appellate Courts, Joseph T. Sneed
Trial-Court Discretion: Its Exercise By Trial Courts And Its Review By Appellate Courts, Joseph T. Sneed
The Journal of Appellate Practice and Process
No abstract provided.
Is Link Rot Destroying Stare Decisis As We Know It? The Internet-Citation Practice Of The Texas Appellate Courts, Arturo Torres
Is Link Rot Destroying Stare Decisis As We Know It? The Internet-Citation Practice Of The Texas Appellate Courts, Arturo Torres
The Journal of Appellate Practice and Process
No abstract provided.
Assessing And Addressing The Problems Caused By Life Tenure On The Supreme Court, Philip D. Oliver
Assessing And Addressing The Problems Caused By Life Tenure On The Supreme Court, Philip D. Oliver
The Journal of Appellate Practice and Process
No abstract provided.
The Decline Of Oral Argument In The Federal Courts Of Appeals: A Modest Proposal For Reform, David R. Cleveland, Steven Wisotsky
The Decline Of Oral Argument In The Federal Courts Of Appeals: A Modest Proposal For Reform, David R. Cleveland, Steven Wisotsky
The Journal of Appellate Practice and Process
No abstract provided.
About Coincidence, Nancy Bellhouse May
About Coincidence, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.