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Opinion Writing And Opinion Readers, Meehan Rasch
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, …
Not Taking Frivolity Lightly: Circuit Variance In Determining Frivolous Appeals Under Federal Rule Of Appellate Procedure 38, Meehan Rasch
Not Taking Frivolity Lightly: Circuit Variance In Determining Frivolous Appeals Under Federal Rule Of Appellate Procedure 38, Meehan Rasch
Meehan Rasch
The availability of appellate review is integral to our contemporary justice system and serves important practical and symbolic functions. Appeal as of right, while not constitutionally guaranteed, is assured by statute for the vast majority of final decisions by trial courts, and with good reason. For one, the principle of open access to the courts is a key value of American law. An accessible public forum for the adversary process ensures that grievances are properly heard and fairly disposed of. Accordingly, justice is best served when parties are able to comprehensively litigate their rights at every level of the judicial …