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Not Taking Frivolity Lightly: Circuit Variance In Determining Frivolous Appeals Under Federal Rule Of Appellate Procedure 38, Meehan Rasch

Meehan Rasch

The availability of appellate review is integral to our contemporary justice system and serves important practical and symbolic functions. Appeal as of right, while not constitutionally guaranteed, is assured by statute for the vast majority of final decisions by trial courts, and with good reason. For one, the principle of open access to the courts is a key value of American law. An accessible public forum for the adversary process ensures that grievances are properly heard and fairly disposed of. Accordingly, justice is best served when parties are able to comprehensively litigate their rights at every level of the judicial …