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Articles 1 - 29 of 29
Full-Text Articles in Legal History
Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner
Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner
The Journal of Appellate Practice and Process
No abstract provided.
Appellate Standards Of Review Then And Now, Yves-Marie Morissette
Appellate Standards Of Review Then And Now, Yves-Marie Morissette
The Journal of Appellate Practice and Process
No abstract provided.
A History Of The Missouri Court Of Appeals: The Role Of Regional Conflicts In Shaping Intermediate Appellate Court Structure, Jamie Pamela Rasmussen
A History Of The Missouri Court Of Appeals: The Role Of Regional Conflicts In Shaping Intermediate Appellate Court Structure, Jamie Pamela Rasmussen
The Journal of Appellate Practice and Process
No abstract provided.
Oral Argument In The Early Roberts Court: A Qualitative And Quantitative Analysis Of Individual Justice Behavior, James C. Phillips, Edward L. Carter
Oral Argument In The Early Roberts Court: A Qualitative And Quantitative Analysis Of Individual Justice Behavior, James C. Phillips, Edward L. Carter
The Journal of Appellate Practice and Process
No abstract provided.
The Decline Of Oral Argument In The Federal Courts Of Appeals: A Modest Proposal For Reform, David R. Cleveland, Steven Wisotsky
The Decline Of Oral Argument In The Federal Courts Of Appeals: A Modest Proposal For Reform, David R. Cleveland, Steven Wisotsky
The Journal of Appellate Practice and Process
No abstract provided.
Back To The Drawing Board: Re-Examining Accepted Premises Of Regional Circuit Structure, Martha Dragich
Back To The Drawing Board: Re-Examining Accepted Premises Of Regional Circuit Structure, Martha Dragich
The Journal of Appellate Practice and Process
No abstract provided.
When Is Finality . . . Final? Rehearing And Resurrection In The Supreme Court, Aaron-Andrew P. Bruhl
When Is Finality . . . Final? Rehearing And Resurrection In The Supreme Court, Aaron-Andrew P. Bruhl
The Journal of Appellate Practice and Process
No abstract provided.
"A Watchdog For The Good Of The Order": The Ninth Circuit's En Banc Coordinator, Stephen L. Wasby
"A Watchdog For The Good Of The Order": The Ninth Circuit's En Banc Coordinator, Stephen L. Wasby
The Journal of Appellate Practice and Process
No abstract provided.
Overturning The Last Stone: The Final Step In Returning Precedential Status To All Opinions, David R. Cleveland
Overturning The Last Stone: The Final Step In Returning Precedential Status To All Opinions, David R. Cleveland
The Journal of Appellate Practice and Process
No abstract provided.
A Modest Proposal For Regulating Unpublished, Non-Precedential Federal Appellate Opinions While Courts And Litigants Adapt To Federal Rule Of Appellate Procedure 32.1, Sarah E. Ricks
The Journal of Appellate Practice and Process
No abstract provided.
Seeking Best Practices Among Intermediate Courts Of Appeal: A Nascent Journey, W. Warren H. Binford, Preston C. Greene, Maria C. Schmidlkofer
Seeking Best Practices Among Intermediate Courts Of Appeal: A Nascent Journey, W. Warren H. Binford, Preston C. Greene, Maria C. Schmidlkofer
The Journal of Appellate Practice and Process
No abstract provided.
Experience Matters: The Rise Of A Supreme Court Bar And Its Effect On Certiorari, Joseph W. Swanson
Experience Matters: The Rise Of A Supreme Court Bar And Its Effect On Certiorari, Joseph W. Swanson
The Journal of Appellate Practice and Process
No abstract provided.
Reflections On The Role Of Appellate Courts: A View From The Supreme Court, Stephen G. Breyer
Reflections On The Role Of Appellate Courts: A View From The Supreme Court, Stephen G. Breyer
The Journal of Appellate Practice and Process
No abstract provided.
Precedent In The Federal Courts Of Appeals: An Endangered Or Invasive Species?, John B. Oakley
Precedent In The Federal Courts Of Appeals: An Endangered Or Invasive Species?, John B. Oakley
The Journal of Appellate Practice and Process
No abstract provided.
Building An Appellate System Worthy Of A Great Nation, Randall T. Shepard
Building An Appellate System Worthy Of A Great Nation, Randall T. Shepard
The Journal of Appellate Practice and Process
No abstract provided.
The View From The Trenches: A Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice, Arthur D. Hellman
The View From The Trenches: A Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice, Arthur D. Hellman
The Journal of Appellate Practice and Process
No abstract provided.
Preface, David C. Frederick
Preface, David C. Frederick
The Journal of Appellate Practice and Process
No abstract provided.
Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld
Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld
The Journal of Appellate Practice and Process
No abstract provided.
Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird
Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird
The Journal of Appellate Practice and Process
No abstract provided.
The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci
The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci
The Journal of Appellate Practice and Process
No abstract provided.
Appellate Review Of Multi-Claim General Verdicts: The Life And Premature Death Of The Baldwin Principle, Ryan Patrick Phair
Appellate Review Of Multi-Claim General Verdicts: The Life And Premature Death Of The Baldwin Principle, Ryan Patrick Phair
The Journal of Appellate Practice and Process
No abstract provided.
Judging In The Days Of The Early Republic: A Critique Of Judge Richard Arnold's Use Of History In Anastasoff V. United States, R. Ben Brown
Judging In The Days Of The Early Republic: A Critique Of Judge Richard Arnold's Use Of History In Anastasoff V. United States, R. Ben Brown
The Journal of Appellate Practice and Process
Judge Arnold writes in his opinion that courts have the power to interpret or find the law but not create it. He argues that this practice was well established during colonial times and that it was adopted at the nation’s creation. The source of law during the formation of the United States is not as clear as Judge Arnold claims. Courts applied their roles differently in each jurisdiction. The complex history of the appropriate role of the judiciary contradicts Judge Arnold’s claim.
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.
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.
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.
When Does The Curiae Need An Amicus?, Luther T. Munford
When Does The Curiae Need An Amicus?, Luther T. Munford
The Journal of Appellate Practice and Process
An argument is made for freely granting leave of amicus motions.
Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison
Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison
The Journal of Appellate Practice and Process
This article discusses the uncertainty of United States Courts of Appeals jurisdiction over non-final orders.
Unpublished Opinions: A Comment, Richard S. Arnold
Unpublished Opinions: A Comment, Richard S. Arnold
The Journal of Appellate Practice and Process
The Honorable Richard S. Arnold gives a federal appellate judge’s perspective of the unpublished opinions debate.
From Webster To Word-Processing: The Ascendance Of The Appellate Brief, William H. Rehnquist
From Webster To Word-Processing: The Ascendance Of The Appellate Brief, William H. Rehnquist
The Journal of Appellate Practice and Process
Chief Justice William Rehnquist analyzed the evolution of Supreme Court advocacy. The discussion begins with the initial preference for oral arguments and the influence of nineteenth century Supreme Court advocate Daniel Webster. The discussion then turns to the Court’s shift from more attention to oral argument to written briefs.