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The Journal of Appellate Practice and Process

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Articles 1 - 30 of 423

Full-Text Articles in Law

One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene Feb 2021

One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene

The Journal of Appellate Practice and Process

No abstract provided.


“Remarkable Influence”: The Unexpected Importance Of Justice Scalia's Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom Feb 2021

“Remarkable Influence”: The Unexpected Importance Of Justice Scalia's Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom

The Journal of Appellate Practice and Process

No abstract provided.


The End Of An Era? Abolishing The Abstract Requirement For Arkansas Appellate Briefs, Jessie Wallace Burchfield Feb 2021

The End Of An Era? Abolishing The Abstract Requirement For Arkansas Appellate Briefs, Jessie Wallace Burchfield

The Journal of Appellate Practice and Process

No abstract provided.


The Robed Tweeter: Two Judges' Views On Public Engagement, Stephen Louis A. Dillard, Bridget Mary Mccormack Feb 2021

The Robed Tweeter: Two Judges' Views On Public Engagement, Stephen Louis A. Dillard, Bridget Mary Mccormack

The Journal of Appellate Practice and Process

No abstract provided.


May It Please The Court–Or Not: Appellate Judges' Preferences And Pet Peeves About Oral Argument, Margaret D. Mcgaughey Feb 2021

May It Please The Court–Or Not: Appellate Judges' Preferences And Pet Peeves About Oral Argument, Margaret D. Mcgaughey

The Journal of Appellate Practice and Process

No abstract provided.


Ave Atque Vale, Nancy Bellhouse May Feb 2021

Ave Atque Vale, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


The Power Of A Mentor, Marshall L. Davidson Iii Apr 2019

The Power Of A Mentor, Marshall L. Davidson Iii

The Journal of Appellate Practice and Process

No abstract provided.


The Eurojust Joint Supervisory Body’S Contributions To The Development Of Proceedings Before Eu Boards Of Appeal, Xaviar Tracol Apr 2019

The Eurojust Joint Supervisory Body’S Contributions To The Development Of Proceedings Before Eu Boards Of Appeal, Xaviar Tracol

The Journal of Appellate Practice and Process

No abstract provided.


The Picture, Nancy Bellhouse May Apr 2019

The Picture, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


Reflections On The Church/State Puzzle, Kermit V. Lipez Apr 2019

Reflections On The Church/State Puzzle, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.


Citation Stickiness, Kevin Bennardo, Alexa Z. Chew Apr 2019

Citation Stickiness, Kevin Bennardo, Alexa Z. Chew

The Journal of Appellate Practice and Process

This Article is an empirical study of what we call citation stickiness. A citation is sticky if it appears in one of the parties' briefs and then again in the court's opinion. Imagine that the parties use their briefs to toss citations in the court's direction. Some of those citations stick and appear in the opinion—these are the sticky citations. Some of those citations don't stick and go unmentioned by the court—these are the unsticky ones. Finally, some sources were never mentioned by the parties yet appear in the court's opinion. These authorities are endogenous—they spring from the court itself. …


Book Smart, Nancy Bellhouse May Oct 2018

Book Smart, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


Shot Selection, Patrick J. Barry Oct 2018

Shot Selection, Patrick J. Barry

The Journal of Appellate Practice and Process

No abstract provided.


Pothole Laws, Appellate Courts, And Judicial Drift, Kenneth L. Gartner Oct 2018

Pothole Laws, Appellate Courts, And Judicial Drift, Kenneth L. Gartner

The Journal of Appellate Practice and Process

This article begins by describing the structure of the appellate system in New York state, introducing the features of the typical New York pothole law, and summarizing the New York cases that set the substantive and procedural background for a discussion and analysis of judicial drift.


The Right To Appeal In Comparative Perspective, Dražan Djukić Oct 2018

The Right To Appeal In Comparative Perspective, Dražan Djukić

The Journal of Appellate Practice and Process

Appellate procedures regarding the most serious crimes under domestic law are, in general, conducted differently in common law and civil law systems. This article reviews the differences concerning the primary facets of such proceedings, namely prosecutorial rights of appeal, access to appellate review, the scope of appellate review, the admission of additional evidence, appellate decisionmaking powers, and the functions of appellate review. It then explains that these differences result from dissimilar decisionmaking processes, degrees of adherence to the search for the truth, and sources of law.


The Art Of The Effective Reply, Peter M. Mansfield Oct 2018

The Art Of The Effective Reply, Peter M. Mansfield

The Journal of Appellate Practice and Process

No abstract provided.


Behind The Velvet Curtain: Understanding Supreme Court Conference Discussions Through Justices' Personal Conference Notes, Ryan C. Black, Timothy R. Johnson Oct 2018

Behind The Velvet Curtain: Understanding Supreme Court Conference Discussions Through Justices' Personal Conference Notes, Ryan C. Black, Timothy R. Johnson

The Journal of Appellate Practice and Process

No abstract provided.


Where We Are, Nancy Bellhouse May Apr 2018

Where We Are, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


The Supreme Court—Then And Now, Jon O. Newman Apr 2018

The Supreme Court—Then And Now, Jon O. Newman

The Journal of Appellate Practice and Process

No abstract provided.


Native American Tribal Appellate Courts: Underestimated And Overlooked, Gregory D. Smith Apr 2018

Native American Tribal Appellate Courts: Underestimated And Overlooked, Gregory D. Smith

The Journal of Appellate Practice and Process

No abstract provided.


My First Supreme Court Argument . . . And Then What Happened, Adam G. Unikowsky Apr 2018

My First Supreme Court Argument . . . And Then What Happened, Adam G. Unikowsky

The Journal of Appellate Practice and Process

No abstract provided.


Wither Oral Argument? The American Academy Of Appellate Lawyers Says Let’S Resurrect It!, James C. Martin, Susan M. Freeman Apr 2018

Wither Oral Argument? The American Academy Of Appellate Lawyers Says Let’S Resurrect It!, James C. Martin, Susan M. Freeman

The Journal of Appellate Practice and Process

No abstract provided.


A Word Of Introduction: U.S. Supreme Court Brief Writing Style Guide, Dan Schweitzer Apr 2018

A Word Of Introduction: U.S. Supreme Court Brief Writing Style Guide, Dan Schweitzer

The Journal of Appellate Practice and Process

No abstract provided.


U.S. Supreme Court Brief Writing Style Guide, Dan Schweitzer Apr 2018

U.S. Supreme Court Brief Writing Style Guide, Dan Schweitzer

The Journal of Appellate Practice and Process

No abstract provided.


Slumping: The Eighth Circuit’S Supreme Court Batting Average In Federal-Sentencing Cases, Mark W. Bennett Apr 2018

Slumping: The Eighth Circuit’S Supreme Court Batting Average In Federal-Sentencing Cases, Mark W. Bennett

The Journal of Appellate Practice and Process

No abstract provided.


What Little I Know, Nancy Bellhouse May Oct 2017

What Little I Know, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


“What Are My Chances On Appeal?” Comparing Full Appellate Decisions To Per Curiam Affirmances, Steven N. Gosney Oct 2017

“What Are My Chances On Appeal?” Comparing Full Appellate Decisions To Per Curiam Affirmances, Steven N. Gosney

The Journal of Appellate Practice and Process

No abstract provided.


Cleaning Up Quotations, Jack Metzler Oct 2017

Cleaning Up Quotations, Jack Metzler

The Journal of Appellate Practice and Process

No abstract provided.


When An Appeal Goes Wrong: A “Criminal Justice Nightmare”, David R. Dow, Jeffrey R. Newberry Oct 2017

When An Appeal Goes Wrong: A “Criminal Justice Nightmare”, David R. Dow, Jeffrey R. Newberry

The Journal of Appellate Practice and Process

No abstract provided.


When The United States Loses In A Criminal Case: The Government Appeal Process, Margaret D. Mcgaughey Oct 2017

When The United States Loses In A Criminal Case: The Government Appeal Process, Margaret D. Mcgaughey

The Journal of Appellate Practice and Process

No abstract provided.