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Articles 1 - 30 of 31
Full-Text Articles in Law
When Does The Curiae Need An Amicus?, Luther T. Munford
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Introduction And Dedication, J. Thomas Sullivan
The Journal of Appellate Practice and Process
The Journal of Appellate Practice and Process, introduction