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- Unpublished opinions (5)
- Citing unpublished opinions (3)
- Judicial review (2)
- Separation of powers (2)
- Unpublished decisions (2)
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- Unpublished opinions and precedent (2)
- 2000 Presidential Election (1)
- Appellate defense (1)
- Availability of unpublished decisions (1)
- Board of Veterans' Appeals (1)
- Certificate of appealability (1)
- Citation prohibitions (1)
- Civil juries (1)
- Colonial judiciary (1)
- Colonial source of law (1)
- Commerce Clause (1)
- Commission on Structural Alternatives for the Federal Courts of Appeals (1)
- Confederacy; state's rights; Arkansas Supreme Court; Arkansas Supreme Court postbellum; David W. Walker; John J. Clendenin; Freeman W. Compton; William W. Wilshire; Thomas M. Bowen; John M. McClure; Lafayette Gregg; William M. Harrison; Elhanan J. Searle; John M. Bennett; Marshall L. Stephenson; legal effect of secession; enforceability of contracts payable in Confederate money; effect of Civil War on Statute of Limitations (1)
- Constitutional law (1)
- Criminal appeals (1)
- Criminal direct appeals (1)
- Doctrine of precedent (1)
- En banc rehearing (1)
- Federal criminalization of possession of firearms by felons (1)
- Fifth Circuit (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Frivolousness standard (1)
- Function of rehearing petition (1)
- Future of the federal courts of appeals (1)
- Publication
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Articles 1 - 25 of 25
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.
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.
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.
Why Judges Don't Like Petitions For Rehearing, Richard S. Arnold
Why Judges Don't Like Petitions For Rehearing, Richard S. Arnold
The Journal of Appellate Practice and Process
Petitions for en banc rehearings are rarely granted. A Senior Judge for the United States Court of Appeals for the Eighth Circuit provides a history and reasoning of the rehearing process and his personal observations on those petitions and processes in today's court.
No-Merit Briefs Undermine The Adversary Process In Criminal Appeals, Randall L. Hodgkinson
No-Merit Briefs Undermine The Adversary Process In Criminal Appeals, Randall L. Hodgkinson
The Journal of Appellate Practice and Process
Appellate defense attorneys face a dilemma when faced with an appeal that has no obvious merit. No-merit briefs allow an attorney to forego an appeal when there is no apparent merit. In cases involving direct appeals from conviction, the cost of abandonment of the client far outweighs the benefits.
Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin
Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin
The Journal of Appellate Practice and Process
Judicial review allows the Supreme Court of the United States to perform revolutionary constitutional change. The United States Courts of Appeals could also be a vehicle for revolutionary constitutional adjudication.
Make Way For The Aba: Smith V. Robbins Clears A Path For Anders Alternatives, James E. Duggan, Andrew W. Moeller
Make Way For The Aba: Smith V. Robbins Clears A Path For Anders Alternatives, James E. Duggan, Andrew W. Moeller
The Journal of Appellate Practice and Process
Indigents appealing criminal convictions are entitled to court-appointed counsel. The American Bar Association suggests a standard for providing the required representation. This standard is known as the Idaho Rule.
The Power Of A Federal Appellate Court To Direct Entry Of Judgment As A Matter Of Law: Reflections On Weisgram V. Marley Co., Robert A. Ragazzo
The Power Of A Federal Appellate Court To Direct Entry Of Judgment As A Matter Of Law: Reflections On Weisgram V. Marley Co., Robert A. Ragazzo
The Journal of Appellate Practice and Process
Federal district court judges have several mechanisms for controlling civil jury functions. One mechanism is the entry of judgment as a matter of law. Federal appellate courts are able to reverse and direct entry of judgment as a matter of law. This article examines the appropriateness of such authority.
When Reasonable Jurists Could Disagree: The Fifth Circuit's Misapplication Of The Frivolousness Standard, Brent E. Newton
When Reasonable Jurists Could Disagree: The Fifth Circuit's Misapplication Of The Frivolousness Standard, Brent E. Newton
The Journal of Appellate Practice and Process
A criminal appeal that is deemed frivolous is summarily dismissed without further judicial consideration. The frequency of findings of frivolousness in the Fifth Circuit has caused concern among appellate practitioners and has even led to sanctions against practitioners. This article analyzes the Fifth Circuit’s frivolousness standard.
Preface: Anastasoff, Unpublished Opinions, And "No-Citation" Rules, Coleen M. Barger
Preface: Anastasoff, Unpublished Opinions, And "No-Citation" Rules, Coleen M. Barger
The Journal of Appellate Practice and Process
In the wake of the publication of Anastasoff v. United States a new round of debate has begun over the propriety of unpublished opions and their status as precedent. Circuit courts across the nation vary widely in how this "principle of policy" is treated, thus prompting the Journal of Appellate Practice and Process to call for papers, which are included herein.
The Unpublished, Non-Precedential Decision: An Uncomfortable Legality?, Melissa H. Weresh
The Unpublished, Non-Precedential Decision: An Uncomfortable Legality?, Melissa H. Weresh
The Journal of Appellate Practice and Process
The United States Court of Appeals for the Eighth Circuit ruled in 2000 that its rule prohibiting the citation of unpublished opinions was unconstitutional. The decision was ultimately vacated en banc. The legality of this prohibition merits consideration by the United States Supreme Court.
Federal And State Court Rules Governing Publication And Citation Of Opinions, Melissa M. Serfass, Jessie L. Cranford
Federal And State Court Rules Governing Publication And Citation Of Opinions, Melissa M. Serfass, Jessie L. Cranford
The Journal of Appellate Practice and Process
Many appellate court opinions are unpublished and have no precedential value. Publication standards vary for each jurisdiction. The different standards are presented in table form.
Unpublished Decisions In The Federal Courts Of Appeals: Making The Decision To Publish, Stephen L. Wasby
Unpublished Decisions In The Federal Courts Of Appeals: Making The Decision To Publish, Stephen L. Wasby
The Journal of Appellate Practice and Process
The rise of cases brought before federal appellate courts has caused most opinions to be designated as unpublished. This practice has created much controversy. This essay addresses the decision to publish, guidelines for publication, and enforcement of those guidelines within courts.
Constitutionality Of "No-Citation" Rules, Salem M. Katsh, Alex V. Chachkes
Constitutionality Of "No-Citation" Rules, Salem M. Katsh, Alex V. Chachkes
The Journal of Appellate Practice and Process
No-citation rules raise serious constitutional concerns. Assuming that it is constitutional to designate an opinion as nonprecedential, it is not constitutional to prohibit citing an opinion. No-citation rules are unconstitutional for two reasons. The first, citation prohibitions interfere with a litigant’s First Amendment right of speech and petition. Second, citation prohibitions violate the separation of powers.
Publicity And The Judicial Power, Daniel N. Hoffman
Publicity And The Judicial Power, Daniel N. Hoffman
The Journal of Appellate Practice and Process
The judicial branch was created in order to ensure that the rule of law and not the rule of man prevailed. Judges must use reasoning and analysis to fulfill this role. Making decisions based on mere coin tosses or without giving a reason for the decision detracts from the rule of law. Issuing decisions that cannot be published or cited also detracts the judicial role of ensuring that law rules the land.
A Closer Look At Unpublished Opinions In The United States Courts Of Appeals, Michael Hannon
A Closer Look At Unpublished Opinions In The United States Courts Of Appeals, Michael Hannon
The Journal of Appellate Practice and Process
Some legal researchers may assume that all cases decided by federal courts are published. However, many United States courts of appeals’ decisions go unpublished. United States courts of appeals’ decisions are important sources of law since they are the court of last resort for most litigants. By making a survey of Westlaw and LEXIS, the author sheds light on some aspects of unpublished opinions.
California's Curious Practice Of "Pocket Review", Steven B. Katz
California's Curious Practice Of "Pocket Review", Steven B. Katz
The Journal of Appellate Practice and Process
The majority of any California appellate panel is permitted to certify an opinion for publication that establishes new law or modifies existing rules. The California Supreme court can reverse any publication decision without giving any reason. This practice is called "pocket review." Pocket reviews risk thwarting legislative intent and sweeping the results under the rug.
Anastasoff V. United States And Appeals In Veterans' Cases, Charles G. Mills
Anastasoff V. United States And Appeals In Veterans' Cases, Charles G. Mills
The Journal of Appellate Practice and Process
Many cases regarding veterans' benefits are heard in the Federal Circuit. The Federal Circuit has a practice of issuing one sentence orders in some cases. This practice benefits veterans by allowing decisions adverse to veterans to be made without creating precedential value. Removing the practice of unpublished opinions in the Federal Circuit would extinguish this benefit.
Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier
Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier
The Journal of Appellate Practice and Process
The practice of unpublished decisions and their precedential value causes much controversy. The practice of unpublished opinions creates a solution for how to deal effectively with heavy caseloads. Electronic databases make unpublished decisions readily available, which removes any secrecy that critics fear. Unpublished opinions are treated in one of three ways by the courts. In addition, three pragmatic issues are created by allowing opinions to go unpublished: 1) the availability of these decisions, 2) the quality of the reasoning in unpublished decisions, and 3) the treatment of unpublished opinions as precedent.
Judging In The Days Of The Early Republic: A Critique Of Judge Richard Arnold's Use Of History In Anastasoff V. United States, R. Ben Brown
Judging In The Days Of The Early Republic: A Critique Of Judge Richard Arnold's Use Of History In Anastasoff V. United States, R. Ben Brown
The Journal of Appellate Practice and Process
Judge Arnold writes in his opinion that courts have the power to interpret or find the law but not create it. He argues that this practice was well established during colonial times and that it was adopted at the nation’s creation. The source of law during the formation of the United States is not as clear as Judge Arnold claims. Courts applied their roles differently in each jurisdiction. The complex history of the appropriate role of the judiciary contradicts Judge Arnold’s claim.
Concluding Thoughts On The Practical And Collateral Consequences Of Anastasoff, J. Thomas Sullivan
Concluding Thoughts On The Practical And Collateral Consequences Of Anastasoff, J. Thomas Sullivan
The Journal of Appellate Practice and Process
The publication/citation debate inflamed by the Eighth Circuit decision has uncertain long-term implications. Among these impacts is the understanding of the parameters afforded federal courts by Article III of the United States Constitution. A number of other significant questions are raised, as well as including the access to and the reliance on the work product of the appellate courts.
The Arkansas Supreme Court And The Aftermath Of The Civil War, L. Scott Stafford
The Arkansas Supreme Court And The Aftermath Of The Civil War, L. Scott Stafford
University of Arkansas at Little Rock Law Review
No abstract provided.
The Impact Of Science On Legal Decisions: What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner
The Impact Of Science On Legal Decisions: What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Sex, Science And Social Knowledge: The Implications Of Social Science Research On Imputing Liability To Employers For Sexual Harassment, Theresa M. Beiner
Sex, Science And Social Knowledge: The Implications Of Social Science Research On Imputing Liability To Employers For Sexual Harassment, Theresa M. Beiner
Faculty Scholarship
No abstract provided.