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The Journal of Appellate Practice and Process

Articles 61 - 85 of 85

Full-Text Articles in Legal History

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85 Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85

The Journal of Appellate Practice and Process

A brief biography on the Solicitor General of the United States from 1981-85.


Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Carter G. Phillips Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Carter G. Phillips

The Journal of Appellate Practice and Process

Appellate advocacy is rarely a solo practice. Trial lawyers' intimate knowledge of the record often makes them invaluable in preparing a case for appeal. Rex E. Lee's ability to work with other lawyers made him an exceptional appellate advocate. In addition, his appreciation for teamwork influenced how he ran the office of the Solicitor General. Lee required every legal assistant to advise lawyers about every edit or change to arguments and briefs that the assistants found necessary. Lee treated the offices under the Solicitor General as clients rather than subordinates.


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.


Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather Jul 2000

Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather

The Journal of Appellate Practice and Process

Appellate courts are unable to “smell the smoke of battle” from a trial. For this reason, a trial court’s decision is owed deference when examining an appeal. Video technology makes this reason for deference less relevant.


Foreword, Coleen M. Barger Jul 2000

Foreword, Coleen M. Barger

The Journal of Appellate Practice and Process

An overview of this issue of The Journal.


Legal Research And The World Of Thinkable Thoughts, Robert C. Berring Jul 2000

Legal Research And The World Of Thinkable Thoughts, Robert C. Berring

The Journal of Appellate Practice and Process

It is difficult to properly describe technology’s impact on legal information. The impact created a generational gap between those who learned their research skills before the change and current students. The habits of the new generation of legal researchers point toward a change in the way that we can think about the law.


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.


The 1% Solution: American Judges Must Enter The Internet Age, Henry H. Perritt, Ronald W. Staudt Jul 2000

The 1% Solution: American Judges Must Enter The Internet Age, Henry H. Perritt, Ronald W. Staudt

The Journal of Appellate Practice and Process

The internet has made it easier and affordable to share information than ever before. Many legal institutions have taken advantage of this innovation by using the internet to disseminate decisions and other legal texts or for rulemaking. Most legal institutions, however, only use the internet for approximately 1% of adjudication.


A Vision Of The Future Of Appellate Practice And Process, George Nicholson Jul 2000

A Vision Of The Future Of Appellate Practice And Process, George Nicholson

The Journal of Appellate Practice and Process

Technology is changing appellate practice in two different ways. The first, is increasing efficiency. Technology is also changing the scope and direction of traditional appellate practice and process.


The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer Jul 2000

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

The Journal of Appellate Practice and Process

The information presented to courts has traditionally been written and oral. Many courts are adopting technology into the courtroom. Changing the record from text to multi-media is the most sweeping of these changes.


A Review Of Electronic Court Filing In The United States, Bradley J. Hillis Jul 2000

A Review Of Electronic Court Filing In The United States, Bradley J. Hillis

The Journal of Appellate Practice and Process

The rise of e-commerce has caused many courts to begin filing and storing pleadings electronically. This article discusses e-filing software, the benefits to and development of extensible mark-up language (“XML”) for legal documents, and the impact the future of e-filing.


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.


New Technologies And Appellate Practice, Philip A. Talmadge Jul 2000

New Technologies And Appellate Practice, Philip A. Talmadge

The Journal of Appellate Practice and Process

Technology can help enhance appellate practices. In particular, technology can improve appellate courts’: (1) electronic filing and argument of appellate cases; (2) digital maintenance of the record; (3) briefs; (4) dissemination of opinions; and (5) record storage.


Cd-Rom Briefs: Are We There Yet?, Marilyn Devin Jul 2000

Cd-Rom Briefs: Are We There Yet?, Marilyn Devin

The Journal of Appellate Practice and Process

Three years after the first CD-ROM brief was accepted, there is debate on acceptance as a regular practice. Issues include what the legal profession and the courts have done about adopting CD-ROM briefs, what obstacles are being encountered, and how those obstacles are being dealt with. Both views are examined along with the circumstances in which a CD-ROM brief is likely to be accepted favorably by a court.


Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint Jul 2000

Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint

The Journal of Appellate Practice and Process

In an effort to provide affordable access to the appellate process, the Minnesota Court of Appeals has adopted Interactive Video Teleconferencing. The Chief Judge of the Minnesota Court of Appeals discusses the history behind the decision, implementation, and the benefits along with the challenges of implementing Interactive Video Teleconferencing.


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.


Collegiality And Technology, Michael R. Murphy Jul 2000

Collegiality And Technology, Michael R. Murphy

The Journal of Appellate Practice and Process

Collegiality is the relationship between colleagues. While technology may ease communication between colleagues, it may not increase collegiality. To technological advances that appellate courts are adapting are teleconferencing and electronic mail. This essay takes a critical look at both with regards to their effect on collegiality.


Technological Developments In Legal Research, Lynn Foster, Bruce Kennedy Jul 2000

Technological Developments In Legal Research, Lynn Foster, Bruce Kennedy

The Journal of Appellate Practice and Process

Technology has created new types of legal research and means of access to the law. Specific to appellate practice, technology has changed how decisions are published and the nature of legal research. Technology has even created a debate on who owns the different forms of case law.


Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan Jul 2000

Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan

The Journal of Appellate Practice and Process

Issuing preliminary opinions for public comment is similar to rehearings. The difference is that parties outside of the litigation are able to add commentary. Judges would then reevaluate the preliminary opinion, consider the submitted comments, and then issue a final opinion. Online access to judicial decisions could make this practice more efficient and effective than rehearings.


Appellate Advocacy As Adult Education, Christine Durham Jan 2000

Appellate Advocacy As Adult Education, Christine Durham

The Journal of Appellate Practice and Process

Judges must learn enough about every case in order to make competent rulings. An attorney may be a more effective appellate advocate is they think of themselves as teachers to judges.


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.


Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby Jul 1999

Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby

The Journal of Appellate Practice and Process

A justice of Australia's highest court gives advice to appellate advocates. The essay begins with an overview of Australia’s judicial structure. The discussion then focuses on ten rules for appellate advocacy.


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.


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.