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Legal History Commons

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Articles 1 - 29 of 29

Full-Text Articles in Legal History

Appellate Standards Of Review Then And Now, Yves-Marie Morissette Apr 2017

Appellate Standards Of Review Then And Now, Yves-Marie Morissette

The Journal of Appellate Practice and Process

No abstract provided.


Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner Apr 2017

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.


A History Of The Missouri Court Of Appeals: The Role Of Regional Conflicts In Shaping Intermediate Appellate Court Structure, Jamie Pamela Rasmussen Oct 2016

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 Jul 2015

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 Apr 2012

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 Oct 2011

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 Apr 2011

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 Apr 2011

"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 Apr 2009

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 Apr 2007

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 Apr 2007

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 Apr 2007

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 Apr 2006

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 Apr 2006

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 Apr 2006

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 Apr 2006

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 Oct 2005

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 Oct 2005

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.


The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci Apr 2002

The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci

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 Apr 2002

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.


Appellate Review Of Multi-Claim General Verdicts: The Life And Premature Death Of The Baldwin Principle, Ryan Patrick Phair Apr 2002

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 Apr 2001

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 Jul 2000

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 Jul 2000

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 Jul 2000

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 Jul 1999

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.


Unpublished Opinions: A Comment, Richard S. Arnold Jul 1999

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.


Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison Jul 1999

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.


From Webster To Word-Processing: The Ascendance Of The Appellate Brief, William H. Rehnquist Jan 1999

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.