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Narratives Of Self-Government In Making The Case, Benjamin L. Berger Apr 2017

Narratives Of Self-Government In Making The Case, Benjamin L. Berger

The Journal of Appellate Practice and Process

No abstract provided.


Infrequently Asked Questions, Edward T. Swaine Oct 2016

Infrequently Asked Questions, Edward T. Swaine

The Journal of Appellate Practice and Process

If appellate advocates could hear from courts about topics that might be raised during oral argument—as opposed to relying solely on their ability to anticipate the issues—might their answers be better? That seems likely, but it is unlikely that research could confirm that, as judicial practice overwhelmingly favors impromptu questioning. Spontaneity may be harmless if the question was predictable, or unavoidable if a judge just thought of the question. But sometimes advocates have to answer challenging questions concerning the law, facts, or implications of a position—questions that help decide the case, either due to the quality of the answer or …


Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter Apr 2016

Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter

The Journal of Appellate Practice and Process

No abstract provided.


Judge Arnold's Four Rules: A Model For A Life In The Law, Sean Unger Apr 2005

Judge Arnold's Four Rules: A Model For A Life In The Law, Sean Unger

University of Arkansas at Little Rock Law Review

No abstract provided.


A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon Oct 2002

A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon

The Journal of Appellate Practice and Process

No abstract provided.


Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater Apr 2002

Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater

The Journal of Appellate Practice and Process

No abstract provided.


Why Judges Don't Like Petitions For Rehearing, Richard S. Arnold Apr 2001

Why Judges Don't Like Petitions For Rehearing, Richard S. Arnold

The Journal of Appellate Practice and Process

Petitions for en banc rehearings are rarely granted. A Senior Judge for the United States Court of Appeals for the Eighth Circuit provides a history and reasoning of the rehearing process and his personal observations on those petitions and processes in today's court.


Conscience, Judging, And Conscientious Judging, Gene E. Franchini Jan 2000

Conscience, Judging, And Conscientious Judging, Gene E. Franchini

The Journal of Appellate Practice and Process

Judging requires applying the law instead of personal morals, philosophy, or policy of the community. Doing so requires a respect for the separation of powers between branches of government. Justice Franchini of the New Mexico Supreme Court reflects on this challenge for judges through a personal anecdote.


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.


From Whence Cometh Our State Appellate Judges: Popular Election Versus The Missouri Plan, Robert L. Brown Jan 1998

From Whence Cometh Our State Appellate Judges: Popular Election Versus The Missouri Plan, Robert L. Brown

University of Arkansas at Little Rock Law Review

No abstract provided.