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Full-Text Articles in Law

Representing Parents In Child Welfare Cases, Vivek Sankaran Jan 2016

Representing Parents In Child Welfare Cases, Vivek Sankaran

Book Chapters

A parent's constitutional right to raise his or her child is one of the most venerated liberty interests safeguarded by the Constitution. The law presumes parents to be fit, and it establishes that they do not need to be model parents to retain custody of their children. If the state seeks to interfere with the parent-child relationship, the Constitution mandates: (I) that the state prove parental unfitness, a standard defined by state laws, and (2) that the state follow certain procedures protecting the due process rights of parents. The constitutional framework for child welfare cases is premised upon the belief …


Show, Don't Tell: Legal Writing For The Real World (Chapter Outline), Adam Lamparello, Megan E. Boyd Jan 2014

Show, Don't Tell: Legal Writing For The Real World (Chapter Outline), Adam Lamparello, Megan E. Boyd

Adam Lamparello

Show, Don’t Tell is designed to help all members of the legal profession learn to effectively draft the most common litigation documents. Far too many books offer tips and advice about good writing, but don’t actually show the reader specific examples of good writing or show the reader why examples offered are effective. The authors have read many books on legal writing, but once we learned the basics of legal writing, we didn’t learn anything in those books to make us better writers. Why? We were exposed to the best theories, but never given practical, how-to tips to turn book …


Legal Writing--What's Next? Real-World Persuasion Pedagogy From Day One, Adam Lamparello, Charles E. Maclean Jan 2014

Legal Writing--What's Next? Real-World Persuasion Pedagogy From Day One, Adam Lamparello, Charles E. Maclean

Adam Lamparello

So, why didn’t they teach me this in law school?” The problem has nothing to do with ‘bad’ or uncaring teachers, but with a pedagogical approach that mistakenly divorces the acquisition of legal knowledge—and practical skills training—from their functional roles in the real world. In law school, students are typically required to write a memorandum or an appellate brief, but without knowing how each document fits into the broader context of actual law practice, the student’s ability to put that knowledge to practical use is limited. Every litigation document, whether it is, for example, a legal memorandum, complaint, motion to …


The Best Oral Argument I (N)Ever Made, Judith S. Kaye Oct 2005

The Best Oral Argument I (N)Ever Made, Judith S. Kaye

The Journal of Appellate Practice and Process

No abstract provided.


What's The Difference? Comparing The Advocacy Preferences Of State And Federal Appellate Judges, David Lewis Oct 2005

What's The Difference? Comparing The Advocacy Preferences Of State And Federal Appellate Judges, David Lewis

The Journal of Appellate Practice and Process

No abstract provided.


Common Disorders Of The Appendix And Their Treatment, Roger J. Miner Apr 2001

Common Disorders Of The Appendix And Their Treatment, Roger J. Miner

The Journal of Appellate Practice and Process

In the legal profession, an appendix is an integral part to an appellate brief. An appendix is as important as oral argument or the written brief. This essay examines the function of and rules for preparing an appendix. The discussion then identifies common deficiencies of appendices along with the consequences of the disorders.


Competent Appellate Advocacy And Continuing Legal Education: Fitting The Means To The End, D. Franklin Arey Iii Jan 2000

Competent Appellate Advocacy And Continuing Legal Education: Fitting The Means To The End, D. Franklin Arey Iii

The Journal of Appellate Practice and Process

Competency is an important practice requirement. Appellate competency differs from other legal practices. This article presents CLE programs that promote appellate advocacy.


Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby Jul 1999

Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby

The Journal of Appellate Practice and Process

A justice of Australia's highest court gives advice to appellate advocates. The essay begins with an overview of Australia’s judicial structure. The discussion then focuses on ten rules for appellate advocacy.


From Webster To Word-Processing: The Ascendance Of The Appellate Brief, William H. Rehnquist Jan 1999

From Webster To Word-Processing: The Ascendance Of The Appellate Brief, William H. Rehnquist

The Journal of Appellate Practice and Process

Chief Justice William Rehnquist analyzed the evolution of Supreme Court advocacy. The discussion begins with the initial preference for oral arguments and the influence of nineteenth century Supreme Court advocate Daniel Webster. The discussion then turns to the Court’s shift from more attention to oral argument to written briefs.


Professional Responsibility In Appellate Practice: A View From The Bench, Roger J. Miner '56 Jan 1998

Professional Responsibility In Appellate Practice: A View From The Bench, Roger J. Miner '56

Law Practice

No abstract provided.


Effective Appellate Advocacy In The Court Of Appeals Of Maryland, Alfred L. Scanlan Jan 1969

Effective Appellate Advocacy In The Court Of Appeals Of Maryland, Alfred L. Scanlan

Maryland Law Review

No abstract provided.


A Lecture On Appellate Advocacy, Karl N. Llewellyn Jan 1962

A Lecture On Appellate Advocacy, Karl N. Llewellyn

Addison Harris Lecture

No abstract provided.