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Articles 1 - 30 of 30
Full-Text Articles in Law
Foreword, Coleen M. Barger
Foreword, Coleen M. Barger
The Journal of Appellate Practice and Process
An overview of this issue of The Journal.
A Vision Of The Future Of Appellate Practice And Process, George Nicholson
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.
A Review Of Electronic Court Filing In The United States, Bradley J. Hillis
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.
Technological Developments In Legal Research, Lynn Foster, Bruce Kennedy
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.
The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer
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.
Legal Research And The World Of Thinkable Thoughts, Robert C. Berring
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
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.
New Technologies And Appellate Practice, Philip A. Talmadge
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.
Electronic Filing In North Carolina: Using The Internet Instead Of The Interstate, Deborah Leonard Parker
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.
Cd-Rom Briefs: Are We There Yet?, Marilyn Devin
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
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
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
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.
Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan
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.
The 1% Solution: American Judges Must Enter The Internet Age, Henry H. Perritt, Ronald W. Staudt
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.
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
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.
Appellate Advocacy As Adult Education, Christine Durham
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.
The Role Of Appellate Judges In Intermediate Courts, J. Thomas Sullivan
The Role Of Appellate Judges In Intermediate Courts, J. Thomas Sullivan
The Journal of Appellate Practice and Process
The editor begins with commentary on the role of an appellate judge and then provides follow-up on previous articles dealing with New Mexico appellate mediation and also prosecutorial misconduct.
Conscience, Judging, And Conscientious Judging, Gene E. Franchini
Conscience, Judging, And Conscientious Judging, Gene E. Franchini
The Journal of Appellate Practice and Process
Judging requires applying the law instead of personal morals, philosophy, or policy of the community. Doing so requires a respect for the separation of powers between branches of government. Justice Franchini of the New Mexico Supreme Court reflects on this challenge for judges through a personal anecdote.
Newly Available, Not Newly Discovered, Penny J. White
Newly Available, Not Newly Discovered, Penny J. White
The Journal of Appellate Practice and Process
Advances in science have made it possible to discover new evidence. This newly discovered evidence is not always admissible as evidence. This essay suggests methods by which appellate courts may approach a balance between the rigid application of limitation periods in serious criminal cases and admitting evidence that proves innocence.
Competent Appellate Advocacy And Continuing Legal Education: Fitting The Means To The End, D. Franklin Arey Iii
Competent Appellate Advocacy And Continuing Legal Education: Fitting The Means To The End, D. Franklin Arey Iii
The Journal of Appellate Practice and Process
Competency is an important practice requirement. Appellate competency differs from other legal practices. This article presents CLE programs that promote appellate advocacy.
Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis
Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis
The Journal of Appellate Practice and Process
The applicable standard of review determines how much deference an appellate court gives a lower court’s decision. Discretionary decisions are review under the “abuse of discretion” standard where the process the lower court used to reach its decision is scrutinized. Three scholars attempts to define this standard are first analyzed followed by cases that have molded the standard. Advice to practitioners concludes the article.
Expedited Review Of Capital Post-Conviction Claims: Idaho’S Flawed Process, Joan M. Fisher
Expedited Review Of Capital Post-Conviction Claims: Idaho’S Flawed Process, Joan M. Fisher
The Journal of Appellate Practice and Process
The Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) is a federal attempt to expedite litigation in capital cases. Many states adopted unitary appeal systems in response to the AEDPA. Unitary systems consolidate the direct appeal and state post-conviction process. In Idaho, Idaho Code § 19-4908 establishes special proceedings for capital cases including a forty-two day limitation to present any claims. This article makes a critical analysis of Idaho’s capital post-conviction procedure.
The Response To Brecheen V. Reynolds: Oklahoma’S System For Evaluating Extra-Record Constitutional Claims In Death Penalty Cased, Jeremy B. Lowrey
The Response To Brecheen V. Reynolds: Oklahoma’S System For Evaluating Extra-Record Constitutional Claims In Death Penalty Cased, Jeremy B. Lowrey
The Journal of Appellate Practice and Process
This article attempts to define the “abuse of discretion” standard of review. The article begins by distinguishing the three types of appellate review. It then focuses on review of discretion. Articles written by Professors Maurice Rosenburg, Robert C. Post, and Judge Henery J. Friendly are next analyzed in order to further evaluate judicial discretionary decisionmaking. Caselaw is next used to discuss how courts have attempted to define and apply the abuse of discretion standard. Primary cases considered include Chevron U.S.A. v. Natural Resources Defense Council, Pierce v. Underwood, Cooter & Gell v. Hartmarx Corp., and Koon v. United States. Finally, …
Disarray Among The Federal Circuits: Harmless Error Review Of Rule 11 Violations, Brent E. Newton
Disarray Among The Federal Circuits: Harmless Error Review Of Rule 11 Violations, Brent E. Newton
The Journal of Appellate Practice and Process
Federal Rule of Criminal Procedure 11 governs how a defendant must be counseled when pleading guilty or nolo contendre. Federal Courts of Appeals have held that violation of Rule 11 is harmless error. Since it is harmless error, the lower courts’ decisions are upheld. This article argues that the Federal Courts of Appeals have misapplied the harmless error standard when deciding Rule 11 issues.
The Pitfalls Of Replies, Jason Vail
The Pitfalls Of Replies, Jason Vail
The Journal of Appellate Practice and Process
A warning is given about the pitfalls of “last word disease.”
Agenda Setting In The Courts Of Appeals: The Effect Of Ideology On En Banc Rehearings, Phil Zarone
Agenda Setting In The Courts Of Appeals: The Effect Of Ideology On En Banc Rehearings, Phil Zarone
The Journal of Appellate Practice and Process
Intermediate appellate courts hear whatever case is brought before them on appeal. Therefore, the courts are unable to set an agenda through selecting which cases to hear. Appellate courts may be able to set an agenda, though, through en banc rehearings. This article discusses how courts of appeals decide when to grant en banc proceedings and the effect of ideological use of en banc rehearings.
Book Review: Bryan A. Garner, The Winning Brief (Oxford University Press 1999), Peter Friedman
Book Review: Bryan A. Garner, The Winning Brief (Oxford University Press 1999), Peter Friedman
The Journal of Appellate Practice and Process
A critical review of Bryan A. Garner’s text on legal writing.
A (Microsoft) Word To The Wise – Beware Of Footnotes And Gray Areas: The Seventh Circuit Continues To Count Words, Clifford S. Zimmerman
A (Microsoft) Word To The Wise – Beware Of Footnotes And Gray Areas: The Seventh Circuit Continues To Count Words, Clifford S. Zimmerman
The Journal of Appellate Practice and Process
The Federal Rules of Appellate Procedure limit the length of a written brief. This article examines the limits in place and addresses a Seventh Circuit decision involving such limits.
Standards For Appellate Conduct Adopted In Texas, Kevin Dubose
Standards For Appellate Conduct Adopted In Texas, Kevin Dubose
The Journal of Appellate Practice and Process
Texas is the first state to adopt standards of conduct for appellate advocates. This article examines the reason for, content of, along with the limitations and benefits of Texas’s Standards for Appellate Conduct.