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The Journal of Appellate Practice and Process

Journal

Legal profession

Articles 1 - 4 of 4

Full-Text Articles in Law

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.


Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii Oct 2016

Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii

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 …


The Statute, The Constitution, The Caselaw, And The Appellate Lawyer As Sleuth, Leslie Hyman Apr 2015

The Statute, The Constitution, The Caselaw, And The Appellate Lawyer As Sleuth, Leslie Hyman

The Journal of Appellate Practice and Process

No abstract provided.