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Articles 1 - 14 of 14
Full-Text Articles in Law
Does The Readability Of Your Brief Affect Your Chance Of Winning An Appeal?--An Analysis Of Readability In Appellate Briefs And Its Correlation With Success On Appeal, Lance N. Long, William F. Christensen
Does The Readability Of Your Brief Affect Your Chance Of Winning An Appeal?--An Analysis Of Readability In Appellate Briefs And Its Correlation With Success On Appeal, Lance N. Long, William F. Christensen
Lance N. Long
The study described in this article suggests that the length of sentences and words, which is “readability” for our purposes, probably does not make much difference in appellate brief writing. First, we found that most briefs are written at about the same level of readability; there simply is not much difference in how lawyers write appellate briefs when it comes to the length of sentences and words. Furthermore, the readability of most appellate briefs is well within the reading ability of the highly educated audience of appellate judges and justices. Second, the relatively small differences in readability are not related …
Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear
Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear
William & Mary Law Review
American appellate courts have long resisted calls that they play a more robust role in the sentencing process, insisting that they must defer to what they characterize as the superior sentencing competence of trial judges. This position is unfortunate insofar as rigorous appellate review might advance uniformity and other rule-of-law values that are threatened by broad trial court discretion. This Article thus provides the first systematic critique of the appellate courts’ standard justifications for deferring to trial court sentencing decisions. For instance, these justifications are shown to be based on premises that are inconsistent with empirical research on cognition and …
The Rising Caseload In The Fourth Circuit: A Statistical And Institutional Analysis, David R. Stras, Shaun M. Pettigrew
The Rising Caseload In The Fourth Circuit: A Statistical And Institutional Analysis, David R. Stras, Shaun M. Pettigrew
South Carolina Law Review
No abstract provided.
Controversial Gvrs And The "Degradation" Of The Gvr, Aaron-Andrew P. Bruhl
Controversial Gvrs And The "Degradation" Of The Gvr, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Does Ccp 917.1 Require An Undertaking To Stay A “Costs Only” Judgment ?, Steven J. Andre
Does Ccp 917.1 Require An Undertaking To Stay A “Costs Only” Judgment ?, Steven J. Andre
Steven J. Andre
No abstract provided.
When Is Finality . . . Final?, Aaron-Andrew P. Bruhl
When Is Finality . . . Final?, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl
Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Introductory Note For The International Criminal Court, Susana Sacouto
Introductory Note For The International Criminal Court, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: On February 3, 2010, the Appeals Chamber of the International Criminal Court (ICC) issued its judgment on the appeal of the Prosecutor against the decision of the Pre-Trial Chamber (PTC) denying his application for an arrest warrant against President of Sudan, Omar Hassan Ahmad Al Bashir in relation to the crime of genocide. Holding that the PTC had applied an erroneous standard of proof, the Appeals Chamber reversed the PTC's decision and directed it to reconsider whether the warrant should be issued in light of the Appeals Chamber's discussion of the appropriate standard of proof.
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
David R. Cleveland
While unpublished opinions are now freely citeable under Federal Rule of Appellate Procedure 32.1, their precedential value remains uncertain. This ambiguity muddles the already unclear law surrounding qualified immunity and denies courts valuable precedents for making fair and consistent judgments on these critical civil rights issues. When faced with a claim that they have violated a person’s civil rights, government officials typically claim qualified immunity. The test is whether they have violated “clearly established law.” Unfortunately, the federal circuits differ on whether unpublished opinions may be used in determining clearly established law. This article, Clear as Mud: How the Uncertain …
Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs, Susana Sacouto
Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: On February 3, 2010, the Appeals Chamber of the International Criminal Court (ICC) issued its judgment on the appeal of the Prosecutor against the decision of the Pre-Trial Chamber (PTC) denying his application for an arrest warrant against President of Sudan, Omar Hassan Ahmad Al Bashir in relation to the crime of genocide. Holding that the PTC had applied an erroneous standard of proof, the Appeals Chamber reversed the PTC's decision and directed it to reconsider whether the warrant should be issued in light of the Appeals Chamber's discussion of the appropriate standard of proof.
The Merits Of ‘Merits’ Review: A Comparative Look At The Australian Administrative Appeals Tribunal, Jeffrey Lubbers, Michael Asimow
The Merits Of ‘Merits’ Review: A Comparative Look At The Australian Administrative Appeals Tribunal, Jeffrey Lubbers, Michael Asimow
Articles in Law Reviews & Other Academic Journals
This article compares several systems of administrative adjudication. In the U.S., adjudication is typically performed by the same agency that makes and enforces the rules. However, in Australia, almost all administrative adjudication is performed by the Administrative Appeals Tribunal (AAT), a non-specialized adjudicating agency, and several other specialized tribunals that are independent of the enforcing agency. These tribunals (which evolved out of concerns about separation of powers) have achieved great legitimacy. In the U.K., recent legislation (the Tribunals, Courts and Enforcement Act) merged numerous specialized tribunals into a single first-tier tribunal with much stronger guarantees of independence than previously existed. …
Introductory Note For The International Criminal Court.Pdf, Susana L. Sacouto
Introductory Note For The International Criminal Court.Pdf, Susana L. Sacouto
Susana L. SáCouto
Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs.Pdf, Susana L. Sacouto
Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs.Pdf, Susana L. Sacouto
Susana L. SáCouto
Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson
Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.