Judges Commons^™

Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: The Honorable Edward C. Clifton: Doctor Of Laws, Honoris Causa 05-17-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

May It Please The Court–Or Not: Appellate Judges' Preferences And Pet Peeves About Oral Argument, Margaret D. Mcgaughey

The Journal of Appellate Practice and Process

No abstract provided.

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.

Double Jeopardy Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.

First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: National Admiralty Champs! April 4, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News The First Circuit At Rwu Law 10/03/2018, Michael M. Bowden, Julia Rubin

Life of the Law School (1993- )

No abstract provided.

The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell

St. Mary's Journal on Legal Malpractice & Ethics

The legal profession is bound by ethical rules that govern and guide our conduct and actions as lawyers. One of the under-appreciated, but profoundly important set of guidelines is the Texas Standards for Appellate Conduct. These Standards serve as an excellent practice guide for appellate practitioners and appellate courts and as a model code of conduct for the Bar as a whole.

The goal of this Article is to dissect the Texas Standards for Appellate Conduct and provide useful commentaries for the readers to better appreciate and understand each element of the Standards. The commentaries provide direct case examples and …

Newsroom: Courtroom Dedicated To Judge Selya 10-30-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Dizzying Gillespie: The Exaggerated Death Of The Balancing Approach And The Inescapable Allure Of Flexibility In Appellate Jurisdiction, Bryan Lammon

University of Richmond Law Review

In Part I, I provide necessary background on the current re- gime of federal appellate jurisdiction before turning to the rise and fall of Gillespie and the balancing approach. Part I concludes by explaining how inconsistent Gillespie and the balancing approach are with the Supreme Court's current approach to appellate jurisdiction. Part II turns to five areas in which the balancing approach persists in the courts of appeals and demonstrates the influence of the balancing approach, and the often case-by-case nature of decision-making, in each of these areas. And in Part III, I explore the implications of the balancing approach's …

Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias

University of Richmond Law Review

No abstract provided.

A Practical Guide To Appellate Judging, J. E. Cote

The Journal of Appellate Practice and Process

No abstract provided.

The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer

Seattle University Law Review

It has now been more than thirty-five years since the Washington Rules of Appellate Procedure (RAP) became effective in 1976 and replaced all prior rules governing appellate procedure. One significant change that those rules made was to clearly describe and delineate a procedural mechanism for seeking interlocutory review of trial court decisions. The ultimate effect on practitioners is both obvious and unavoidable. Many lawyers, rather than stake out a clear position regarding the applicability of the various considerations governing discretionary review, simply argue that any and every consideration that is even arguably applicable is satisfied by the trial court’s determination. …

A New Public Interest Appellate Model: Public Counsel’S Court-Based Self-Help Clinic And Pro Bono “Triage” For Indigent Pro Se Civil Litigants On Appeal, Meehan Rasch

Meehan Rasch

A variety of new “pro se” or “pro bono” appellate programs have been sprouting up around the country in recent years. Courts, bar associations, and legal services and advocacy organizations are implementing these projects to grapple with the challenges raised by increasing numbers of pro se (self-represented) and indigent civil litigants in appellate courts. Judicial operational systems designed on the premise of adequately counseled parties are ill-prepared to handle an influx of self-represented litigants, posing frustrations for both pro se litigants and court personnel. The expansion of pro se litigation strains appellate court resources and staff, but because of the …

The Dog That Didn't Bark: Stealth Procedures And The Erosion Of Stare Decisis In The Federal Courts Of Appeals, Amy E. Sloan

All Faculty Scholarship

Informal en banc review is a procedural expedient that nine of the thirteen federal circuits use to circumvent the requirements of formal en banc review. Panels invoke informal en banc review to take actions normally reserved for the full court sitting en banc. The circuits that use informal en banc review say the procedure is to be used rarely. In practice, however, the frequency of informal en banc review is significant when compared with formal en banc review. Informal en banc review is more efficient than formal en banc review, but the efficiency benefits come at a price. Informal en …

Opinion Writing And Opinion Readers, Meehan Rasch

Meehan Rasch

The authors - a federal appellate judge and his law clerks - bring unique perspectives to bear on the topic of opinion writing and opinion readers. The contents of this Article were inspired in large part by the work done by the authors in editing and preparing the second edition of Judge Aldisert's classic book Opinion Writing, which for many years was distributed to all federal trial and appellate judges, and to all state appellate judges, when they took the bench. A broader audience of professional opinion writers and students of the judicial process now has access to Opinion Writing, …

A Democratic Theory Of Amicus Advocacy, Ruben J. Garcia

Scholarly Works

Amicus curiae ("friend of the court”) participation in litigation has flourished in recent years as many groups and individuals seek to influence the outcome of litigation. Amicus filers are not parties and judges have wide discretion to reject amicus briefs if they believe that the amicus participation does not add anything to the briefs already filed by the parties. In three recent cases, Seventh Circuit Court of Appeals Judge Richard Posner has rejected amicus filings and promised to closely scrutinize applications to file amicus briefs in the future. Judge Posner's influence has led an increasing number of judges, primarily at …