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Articles 1 - 17 of 17
Full-Text Articles in Law
Foreword, Coleen M. Barger
Foreword, Coleen M. Barger
The Journal of Appellate Practice and Process
An overview of this issue of The Journal.
A Vision Of The Future Of Appellate Practice And Process, George Nicholson
A Vision Of The Future Of Appellate Practice And Process, George Nicholson
The Journal of Appellate Practice and Process
Technology is changing appellate practice in two different ways. The first, is increasing efficiency. Technology is also changing the scope and direction of traditional appellate practice and process.
A Review Of Electronic Court Filing In The United States, Bradley J. Hillis
A Review Of Electronic Court Filing In The United States, Bradley J. Hillis
The Journal of Appellate Practice and Process
The rise of e-commerce has caused many courts to begin filing and storing pleadings electronically. This article discusses e-filing software, the benefits to and development of extensible mark-up language (“XML”) for legal documents, and the impact the future of e-filing.
Technological Developments In Legal Research, Lynn Foster, Bruce Kennedy
Technological Developments In Legal Research, Lynn Foster, Bruce Kennedy
The Journal of Appellate Practice and Process
Technology has created new types of legal research and means of access to the law. Specific to appellate practice, technology has changed how decisions are published and the nature of legal research. Technology has even created a debate on who owns the different forms of case law.
The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer
The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer
The Journal of Appellate Practice and Process
The information presented to courts has traditionally been written and oral. Many courts are adopting technology into the courtroom. Changing the record from text to multi-media is the most sweeping of these changes.
Legal Research And The World Of Thinkable Thoughts, Robert C. Berring
Legal Research And The World Of Thinkable Thoughts, Robert C. Berring
The Journal of Appellate Practice and Process
It is difficult to properly describe technology’s impact on legal information. The impact created a generational gap between those who learned their research skills before the change and current students. The habits of the new generation of legal researchers point toward a change in the way that we can think about the law.
Use Of Electronic Appeal Transcripts In The Alberta Court Of Appeal, Roger Philip Kerans, Patrick Keys
Use Of Electronic Appeal Transcripts In The Alberta Court Of Appeal, Roger Philip Kerans, Patrick Keys
The Journal of Appellate Practice and Process
Printed trial transcripts can cost thousands of dollars to produce, use up space, and are only used for short time periods. The Alberta Court of Appeal remedied these issues by launching an electronic appeal book program.
New Technologies And Appellate Practice, Philip A. Talmadge
New Technologies And Appellate Practice, Philip A. Talmadge
The Journal of Appellate Practice and Process
Technology can help enhance appellate practices. In particular, technology can improve appellate courts’: (1) electronic filing and argument of appellate cases; (2) digital maintenance of the record; (3) briefs; (4) dissemination of opinions; and (5) record storage.
Electronic Filing In North Carolina: Using The Internet Instead Of The Interstate, Deborah Leonard Parker
Electronic Filing In North Carolina: Using The Internet Instead Of The Interstate, Deborah Leonard Parker
The Journal of Appellate Practice and Process
Traditionally, an attorney working down to the wire on an appellate brief has to be done by the courier service’s deadline. If the deadline is missed, the attorney must then race, for possibly hours, down the interstate to reach the courthouse in time. North Carolina has adopted a system that eliminates this pressure.
Cd-Rom Briefs: Are We There Yet?, Marilyn Devin
Cd-Rom Briefs: Are We There Yet?, Marilyn Devin
The Journal of Appellate Practice and Process
Three years after the first CD-ROM brief was accepted, there is debate on acceptance as a regular practice. Issues include what the legal profession and the courts have done about adopting CD-ROM briefs, what obstacles are being encountered, and how those obstacles are being dealt with. Both views are examined along with the circumstances in which a CD-ROM brief is likely to be accepted favorably by a court.
Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint
Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint
The Journal of Appellate Practice and Process
In an effort to provide affordable access to the appellate process, the Minnesota Court of Appeals has adopted Interactive Video Teleconferencing. The Chief Judge of the Minnesota Court of Appeals discusses the history behind the decision, implementation, and the benefits along with the challenges of implementing Interactive Video Teleconferencing.
Tv Or Not Tv: The Telecast Of Appellate Arguments In Pennsylvania, Stephen J. Mcewen
Tv Or Not Tv: The Telecast Of Appellate Arguments In Pennsylvania, Stephen J. Mcewen
The Journal of Appellate Practice and Process
The Pennsylvania Superior Court began televising en banc oral arguments. The reception of this practice has been extremely positive. The essay discusses the development of televising oral arguments in Pennsylvania’s Superior Court.
Collegiality And Technology, Michael R. Murphy
Collegiality And Technology, Michael R. Murphy
The Journal of Appellate Practice and Process
Collegiality is the relationship between colleagues. While technology may ease communication between colleagues, it may not increase collegiality. To technological advances that appellate courts are adapting are teleconferencing and electronic mail. This essay takes a critical look at both with regards to their effect on collegiality.
Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan
Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan
The Journal of Appellate Practice and Process
Issuing preliminary opinions for public comment is similar to rehearings. The difference is that parties outside of the litigation are able to add commentary. Judges would then reevaluate the preliminary opinion, consider the submitted comments, and then issue a final opinion. Online access to judicial decisions could make this practice more efficient and effective than rehearings.
The 1% Solution: American Judges Must Enter The Internet Age, Henry H. Perritt, Ronald W. Staudt
The 1% Solution: American Judges Must Enter The Internet Age, Henry H. Perritt, Ronald W. Staudt
The Journal of Appellate Practice and Process
The internet has made it easier and affordable to share information than ever before. Many legal institutions have taken advantage of this innovation by using the internet to disseminate decisions and other legal texts or for rulemaking. Most legal institutions, however, only use the internet for approximately 1% of adjudication.
Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather
Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather
The Journal of Appellate Practice and Process
Appellate courts are unable to “smell the smoke of battle” from a trial. For this reason, a trial court’s decision is owed deference when examining an appeal. Video technology makes this reason for deference less relevant.
Appellate Advocacy As Adult Education, Christine Durham
Appellate Advocacy As Adult Education, Christine Durham
The Journal of Appellate Practice and Process
Judges must learn enough about every case in order to make competent rulings. An attorney may be a more effective appellate advocate is they think of themselves as teachers to judges.