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Articles 1 - 30 of 67
Full-Text Articles in Law
Coping With Disaster, Judith S. Kaye
Coping With Disaster, Judith S. Kaye
The Journal of Appellate Practice and Process
This essay is the text of the keynote address given at the National Appellate Bench/Bar Conference and Colloquy on October 5, 2001. The New York court system was wounded during the September 11 attacks. One court was situated inside the World Trade Center and the other busy Manhattan courts were inaccessible. Reviving the Manhattan courts was a feat that no one was prepared for but was eagerly taken on.
Tragedy And Due Process, J. Thomas Sullivan
Tragedy And Due Process, J. Thomas Sullivan
The Journal of Appellate Practice and Process
The attacks on September 11 shocked the United States. The very heart of our collective understanding of the order of things was struck. This tragedy allowed many to stand up and show courage. One such anecdote involves a condemned Texas inmate and Governor Rick Perry's assurance that due process would be ensured.
The Politics Of Bush V. Gore, Evan Tsen Lee
The Politics Of Bush V. Gore, Evan Tsen Lee
The Journal of Appellate Practice and Process
Critical Legal Studies ("the Crits") burst onto the law school scene in the mid-1970s. The Crits believe that "all law is politics." The Crits lost their momentum by the 1990s. The case Bush v. Gore has forced many to believe that all law is in fact politics.
Preface, Rodney K. Smith
Preface, Rodney K. Smith
The Journal of Appellate Practice and Process
The Solicitor General of the United States is "the Appellate Lawyer's Lawyer." The Solicitor General is the leading appellate advocate before the Supreme Court. The Solicitor General participates in 75% of oral arguments in the Court and represents no one but the United States. This special section is a tribute to this valued position.
Toward A Community Of Professionalism, Elliot L. Bien
Toward A Community Of Professionalism, Elliot L. Bien
The Journal of Appellate Practice and Process
Professionalism amongst American litigators has declined. Many jurisdictions have adopted codes of conduct in order to restore professionalism. These attempts have done little to restore professionalism. Similar adversarial systems, like England's, are admired for their professionalism. What creates this value amongst barristers is a sense of community. A similar practice should be adopted in the United States in order to restore a sense of professionalism in litigation.
When The President Says No: A Few Thoughts On Executive Power And The Tradition Of Solicitor General Independence, Drew S. Days Iii
When The President Says No: A Few Thoughts On Executive Power And The Tradition Of Solicitor General Independence, Drew S. Days Iii
The Journal of Appellate Practice and Process
The Solicitor General of the United States generally enjoys a position of independence. However, there are times when the President of the United States intervenes. This is usually done under the radar so documentation of presidential influence is rare. This essay examines recent presidential influence over the Solicitor General.
In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman
In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman
The Journal of Appellate Practice and Process
The Solicitor General is often asked to give advice on oral advocacy. Seth P. Waxman has been reluctant to give such advice. Asking an advocate for advice about oral advocacy instead of a judge is like asking a fisherman for advice about catching fish if fish could speak. Waxman begins with a look at the life of acclaimed advocate, Daniel Webster, before giving his long reserved advice.
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85
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.
The Evolving Role Of The State Solicitor: Toward The Federal Model, James R. Layton
The Evolving Role Of The State Solicitor: Toward The Federal Model, James R. Layton
The Journal of Appellate Practice and Process
A state solicitor gives an attorney general a specialist to turn to for appellate advice. The solicitor's ability to influence what position the state takes and what cases to pursue allows the solicitor to affect the development of law. The number of states with solicitors has grown from eight to twenty-four since 1987. Despite the similarities between state solicitors and the Solicitor General of the United States, there are many differences between the two roles.
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Carter G. Phillips
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.
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Thomas Rex Lee
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Thomas Rex Lee
The Journal of Appellate Practice and Process
Rex E. Lee had a gift for befriending everyone he met. This gift allowed him to treat oral arguments as a conversation with a friend. This approach led to a successful and influential career as an oral advocate.
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Francis X. Beytagh
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Francis X. Beytagh
The Journal of Appellate Practice and Process
Rex E. Lee lived a distinguished life as an advocate and educator. He clerked for Justice Byron White and then went on to private practice. He became founding dean of Brigham Young Law School and moved the program flawlessly through the accreditation process. Lee then moved on to become an Assistant Attorney General before Solicitor General of the United States. Lee's respect for the tradition of the independence of the office of Solicitor General ultimately cost him his position as Solicitor. Lee went on to live an active and successful life before succumbing to cancer.
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, H. Reese Hansen
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, H. Reese Hansen
The Journal of Appellate Practice and Process
Rex Lee had the daunting task of opening a new law school. He carried this burden with minimal experience in legal education. Lee used his gift for making everyone that he met feel like a close friend to recruit an exceptional faculty. An impressive student body followed. The Brigham Young Law School is now a greatly respected institution thanks to the path that Rex Lee paved.
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Rodney K. Smith
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Rodney K. Smith
The Journal of Appellate Practice and Process
Rex Lee lived a life of faith. He had faith in the legal profession, faith in the United States Constitution, faith in education, faith in family, and faith in God.
An Update On The Ninth Circuit Debate, Carl Tobias
An Update On The Ninth Circuit Debate, Carl Tobias
The Journal of Appellate Practice and Process
The Commission on Structural Alternatives for the Federal Courts of Appeals suggested in its final report a division of the Ninth Circuit. Congress presented many bills that would carry out the commission's suggestion. These events may have a significant effect on the future of the federal appellate courts.
Felons, Firearms, And Federalism: Reconsidering Scarborough In Light Of Lopez, Brent E. Newton
Felons, Firearms, And Federalism: Reconsidering Scarborough In Light Of Lopez, Brent E. Newton
The Journal of Appellate Practice and Process
The application of the federal prohibition of felons possessing firearms is a stretch of the Commerce Clause. Most cases involve a felon who merely happened to be in possession of a firearm. The only relationship to interstate commerce in these cases is that the firearms found were usually manufactured in another state. The application of this prohibition leaves the future of federalism in question.
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Dallin H. Oaks
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Dallin H. Oaks
The Journal of Appellate Practice and Process
Rex Lee was a talented pupil and obvious choice to be the first dean for the new Brigham Young Law School. Lee maintained a balanced life and devotion to his faith all through his life.
Classical Citation, David S. Coale
Classical Citation, David S. Coale
The Journal of Appellate Practice and Process
Aristotle's classical rules for effective advocacy use the framework of logos, ethos, and pathos. Logos is the persuasive force of the reasoning and facts, ethos is the personal credibility of the advocate, and pathos is the emotional appeal of the argument. Citations usually focus on logos and overlook ethos and pathos.
Writing A Better Brief: The Civil Appeals Style Manual Of The Office Of The Maryland Attorney General, Andrew H. Baida
Writing A Better Brief: The Civil Appeals Style Manual Of The Office Of The Maryland Attorney General, Andrew H. Baida
The Journal of Appellate Practice and Process
The office of the Attorney General of Maryland conducts the Civil Appellate Brief Writing Program in order to improve the level of written appellate advocacy of its attorneys. The program centers on the Office's Civil Appeals Style Manual. The Manual's principles have improved the office's appellate brief writing.
Listening To John W. Davis, D. P. Marshall Jr.
Listening To John W. Davis, D. P. Marshall Jr.
The Journal of Appellate Practice and Process
From the Library is a new section in The Journal that will reprint the best that has been written about appellate practice and the appellate process. The first piece features timeless advice about oral argument by John W. Davis. Davis was a country lawyer, law teacher, state legislator and congressman, Solicitor General of the United States, Ambassador to the Court of St. James's, Democratic candidate for President in 1924, and managing partner of a New York City law firm.
Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant
Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant
The Journal of Appellate Practice and Process
The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda are international tribunals that are developing and remaking much of international humanitarian law. The courts double as trial and appellate courts. Each court has jurisdiction over events that occurred in a specific area during a specific time period. The courts have an unusual appellate structure. These unique Appellate Chambers review important trial decisions that deal with genocide, crimes against humanity, and war crimes.
The Argument Of An Appeal, John W. Davis
The Argument Of An Appeal, John W. Davis
The Journal of Appellate Practice and Process
John W. Davis candidly offers ten pieces of advice for oral appellate advocacy.
Introduction: The Impact Of Science On Legal Decisions—What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner
Introduction: The Impact Of Science On Legal Decisions—What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner
University of Arkansas at Little Rock Law Review
No abstract provided.
The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel
The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel
University of Arkansas at Little Rock Law Review
No abstract provided.
Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas
Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas
University of Arkansas at Little Rock Law Review
No abstract provided.
How Prospect Theory Can Improve Legal Counseling, John M.A. Dipippa
How Prospect Theory Can Improve Legal Counseling, John M.A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional And Family Law—Grandparent Visitation In The Face Of The Fourteenth Amendment Due Process Clause: Parental Or Grandparental Rights? Troxel V. Granville, 530 U.S. 57 (2000)., Oliver G. Hahn
University of Arkansas at Little Rock Law Review
No abstract provided.
Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan
Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan
University of Arkansas at Little Rock Law Review
No abstract provided.
Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger
Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger
University of Arkansas at Little Rock Law Review
No abstract provided.