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Articles 1 - 30 of 31

Full-Text Articles in Law

When Does The Curiae Need An Amicus?, Luther T. Munford Jul 1999

When Does The Curiae Need An Amicus?, Luther T. Munford

The Journal of Appellate Practice and Process

An argument is made for freely granting leave of amicus motions.


Mediation In The New Mexico Court Of Appeals, Richard Becker Jul 1999

Mediation In The New Mexico Court Of Appeals, Richard Becker

The Journal of Appellate Practice and Process

A mediator gives a summary of the implementation of, procedure relating to, and role of lawyers in the New Mexico Court of Appeals’s mediation program.


Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison Jul 1999

Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison

The Journal of Appellate Practice and Process

This article discusses the uncertainty of United States Courts of Appeals jurisdiction over non-final orders.


Leaving The Ballpark, J. Thomas Sullivan Jul 1999

Leaving The Ballpark, J. Thomas Sullivan

The Journal of Appellate Practice and Process

Justice Stevens’s Sammy Sosa "leaving the ballpark" metaphor in City of Chicago v. Morales is used as a reminder that words may have multiple meanings.


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.


Better Late Than Never: Settlement At The Federal Court Of Appeals, Mori Irvine Jul 1999

Better Late Than Never: Settlement At The Federal Court Of Appeals, Mori Irvine

The Journal of Appellate Practice and Process

The Civil Justice Reform Act of 1990 encouraged all federal district courts to implement alternative dispute resolution programs. Federal Courts of Appeals implemented alternative dispute resolution programs as early as 1974. This article surveys federal alternative dispute resolution programsthen takes an in-depth look at the Eleventh Circuit’s program. The article provides advice for appellate advocacy during mediation.


The Law And The Brain: Judging Scientific Evidence Of Intent, Erica Beecher-Monas, Edgar Garcia-Rill Jul 1999

The Law And The Brain: Judging Scientific Evidence Of Intent, Erica Beecher-Monas, Edgar Garcia-Rill

The Journal of Appellate Practice and Process

This essay addresses the issue of judges deciding what scientific evidence is admissible. The primary focus is the admissibility of expert mental state testimony in criminal cases. The issue is addressed by answering two questions: 1) how does science work and 2) how does the brain work?


Unpublished Opinions: A Comment, Richard S. Arnold Jul 1999

Unpublished Opinions: A Comment, Richard S. Arnold

The Journal of Appellate Practice and Process

The Honorable Richard S. Arnold gives a federal appellate judge’s perspective of the unpublished opinions debate.


Appellate Study Panel Issues Final Report, Carl Tobias Jul 1999

Appellate Study Panel Issues Final Report, Carl Tobias

The Journal of Appellate Practice and Process

The Commission on Structural Alternatives for the Federal Courts of Appeals final report is summarized. The summary focuses on the feasibility of splitting the Ninth Circuit and alternatives to a circuit split.


Oral Argument’S Big Challenge: Fielding Questions From The Court, Jason Vail Jul 1999

Oral Argument’S Big Challenge: Fielding Questions From The Court, Jason Vail

The Journal of Appellate Practice and Process

This article contains advice for handling questions during oral argument .


The New Rules Of Federal Appellate Procedure: Changes In Style And Substance, Warren W. Harris Jul 1999

The New Rules Of Federal Appellate Procedure: Changes In Style And Substance, Warren W. Harris

The Journal of Appellate Practice and Process

This article discusses the substantive changes to the Federal Rules of Appellate Procedure and Federal Rule of Civil Procedure 23.


Federal Rule Of Civil Procedure 23(F): Interlocutory Appeals Of Class Action Certification Decisions, Kenneth S. Gould Jul 1999

Federal Rule Of Civil Procedure 23(F): Interlocutory Appeals Of Class Action Certification Decisions, Kenneth S. Gould

The Journal of Appellate Practice and Process

This article discusses the significance of Federal Rule of Civil Procedure 23(f). The article's review of Rule 23(f) includes the importance of class certification decisions and appellate review of certifications, historical imitations on appellate review of certifications, rationale for allowing appeal of interlocutory certification, operation of rule 23(f), the first application of the rule, and prospects of Rule 23(f) achieving its goals.


Standards For Certification Of Appellate Specialists, Melissa M. Serfass Jul 1999

Standards For Certification Of Appellate Specialists, Melissa M. Serfass

The Journal of Appellate Practice and Process

This practice note surveys state requirements for certification of appellate practice specialists.


The Antiquated "Slight Evidence Rule" In Federal Conspiracy Cases, Brent E. Newton Jan 1999

The Antiquated "Slight Evidence Rule" In Federal Conspiracy Cases, Brent E. Newton

The Journal of Appellate Practice and Process

This article addresses the risk of wrongful convictions in federal conspiracy cases. The article points out how conspiracy cases rely heavily on circumstantial evidence and the slight evidence rule. The risk of over assigning liability to parties with minor involvement is also discussed.


Local Procedural Review In The Eighth Circuit, Carl Tobias Jan 1999

Local Procedural Review In The Eighth Circuit, Carl Tobias

The Journal of Appellate Practice and Process

This article addresses a little known role of the United States Courts of Appeals to review district court procedures. The discussion begins with this role assigned by the Judicial Improvements and Access to Justice Act of 1988 and Federal Rule of Civil Procedure 83. The article then analyzes how the United States Court of Appeals for the Eighth Circuit discharges this role.


Focus On The Crucial Issue, Myron H. Bright Jan 1999

Focus On The Crucial Issue, Myron H. Bright

The Journal of Appellate Practice and Process

A Senior Judge for the United States Court of Appeals for the Eighth Circuit addresses the importance of saving valuable time by focusing on the core issues when arguing a case. The essay also provides guidance on identifying core issues.


An Argument On The Record For More Federal Judgeships, William M. Richman Jan 1999

An Argument On The Record For More Federal Judgeships, William M. Richman

The Journal of Appellate Practice and Process

A case is made for increasing the number of federal judges. The author uses the loss of judge involvement in decisionmaking to begin his argument. The discussion then addresses the arguments against increasing federal judgeships.


19 Tips From 19 Years On The Appellate Bench, Patricia M. Wald Jan 1999

19 Tips From 19 Years On The Appellate Bench, Patricia M. Wald

The Journal of Appellate Practice and Process

A former Chief Judge of the United States Court of Appeals for the District of Columbia Circuit provides nineteen pieces of appellate advice to commemorate her nineteen years with the court.


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.


Prosecutorial Misconduct In Closing Argument: The Role Of Intent In Appellate Review, Paul J. Spiegelman Jan 1999

Prosecutorial Misconduct In Closing Argument: The Role Of Intent In Appellate Review, Paul J. Spiegelman

The Journal of Appellate Practice and Process

This article is the first of two articles that discuss the concern of prosecutorial misconduct. This article focuses improper prosecutorial argument in the 1990s. The article examines a California Supreme Court reversal of a murder conviction and death sentence due to misconduct during the prosecutor’s closing argument. The article then discusses forty-five federal appellate court opinions addressing the issue of prosecutorial misconduct.


In Defense Of Oral Argument, Stanley Mosk Jan 1999

In Defense Of Oral Argument, Stanley Mosk

The Journal of Appellate Practice and Process

Stanley Mosk presents a case against the trend of appellate courts granting oral argument less frequently.


Tribute To The Honorable Richard S. Arnold For His Service As Chief Judge Of The United State Court Of Appeals For The Eighth Circuit Jan 1999

Tribute To The Honorable Richard S. Arnold For His Service As Chief Judge Of The United State Court Of Appeals For The Eighth Circuit

The Journal of Appellate Practice and Process

This note introduces a section of tributes to the former Chief Judge of the United States Court of Appeals for the Eighth Circuit.


Tribute To The Honorable Richard S. Arnold, Gilbert S. Merritt Jan 1999

Tribute To The Honorable Richard S. Arnold, Gilbert S. Merritt

The Journal of Appellate Practice and Process

A former Chief Judge of the United States Court of Appeals for the Sixth Circuit recounts Judge Arnold’s life and service.


Tribute To The Honorable Richard S. Arnold, Anne Cohen Jan 1999

Tribute To The Honorable Richard S. Arnold, Anne Cohen

The Journal of Appellate Practice and Process

A former law clerk recounts Judge Arnold’s life and service.


Tribute To The Honorable Richard S. Arnold, Pasco M. Bowman Ii Jan 1999

Tribute To The Honorable Richard S. Arnold, Pasco M. Bowman Ii

The Journal of Appellate Practice and Process

A fellow circuit judge and colleague for fifteen years of the Honorable Richard S. Arnold recounts Judge Arnold’s life and service.


Tribute To The Honorable Richard S. Arnold, Philip B. Heymann Jan 1999

Tribute To The Honorable Richard S. Arnold, Philip B. Heymann

The Journal of Appellate Practice and Process

A classmate and friend recounts Judge Arnold’s life and service.


Tribute To The Honorable Richard S. Arnold, Morris S. Arnold Jan 1999

Tribute To The Honorable Richard S. Arnold, Morris S. Arnold

The Journal of Appellate Practice and Process

Judge Arnold’s brother recounts Judge Arnold’s life and service.


Tribute To The Honorable Richard S. Arnold, Richard W. Garnett Jan 1999

Tribute To The Honorable Richard S. Arnold, Richard W. Garnett

The Journal of Appellate Practice and Process

A former law clerk recounts Judge Arnold’s life and service.


Tribute To The Honorable Richard S. Arnold, Price Marshall Jan 1999

Tribute To The Honorable Richard S. Arnold, Price Marshall

The Journal of Appellate Practice and Process

A former law clerk recounts Judge Arnold’s life and service.


Introduction And Dedication, J. Thomas Sullivan Jan 1999

Introduction And Dedication, J. Thomas Sullivan

The Journal of Appellate Practice and Process

The Journal of Appellate Practice and Process, introduction