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2001

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Articles 541 - 570 of 9193

Full-Text Articles in Law

Writing A Better Brief: The Civil Appeals Style Manual Of The Office Of The Maryland Attorney General, Andrew H. Baida Oct 2001

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.

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Preface, Rodney K. Smith Oct 2001

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.

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Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, H. Reese Hansen Oct 2001

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.

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Toward A Community Of Professionalism, Elliot L. Bien Oct 2001

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.

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The Evolving Role Of The State Solicitor: Toward The Federal Model, James R. Layton Oct 2001

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.

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Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant Oct 2001

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.

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Tragedy And Due Process, J. Thomas Sullivan Oct 2001

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.

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Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Francis X. Beytagh Oct 2001

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.

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In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman Oct 2001

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.

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Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Thomas Rex Lee Oct 2001

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.

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The Argument Of An Appeal, John W. Davis Oct 2001

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.

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Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner Oct 2001

Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner

University of Arkansas at Little Rock Law Review

No abstract provided.

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Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas Oct 2001

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.

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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 Oct 2001

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.

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The Politics Of Bush V. Gore, Evan Tsen Lee Oct 2001

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.

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Coping With Disaster, Judith S. Kaye Oct 2001

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.

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Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Dallin H. Oaks Oct 2001

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.

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Felons, Firearms, And Federalism: Reconsidering Scarborough In Light Of Lopez, Brent E. Newton Oct 2001

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.

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Listening To John W. Davis, D. P. Marshall Jr. Oct 2001

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.

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Introduction: The Impact Of Science On Legal Decisions—What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner Oct 2001

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.

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Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp Oct 2001

Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp

University of Arkansas at Little Rock Law Review

No abstract provided.

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How Prospect Theory Can Improve Legal Counseling, John M.A. Dipippa Oct 2001

How Prospect Theory Can Improve Legal Counseling, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

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South Carolina's Safe Haven For Abandoned Infants Act: A Band-Aid Remedy For The Baby-Dumping Epidemic, Tanya Amber Gee Oct 2001

South Carolina's Safe Haven For Abandoned Infants Act: A Band-Aid Remedy For The Baby-Dumping Epidemic, Tanya Amber Gee

South Carolina Law Review

No abstract provided.

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Overview Of The Use Of Genetically Modified Organisms And Pesticides In Agriculture`, David Pimentel Oct 2001

Overview Of The Use Of Genetically Modified Organisms And Pesticides In Agriculture`, David Pimentel

Indiana Journal of Global Legal Studies

No abstract provided.

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Ideas Without Institutions: The Paradox Of Sustainable Development, A. Dan Tarlock Oct 2001

Ideas Without Institutions: The Paradox Of Sustainable Development, A. Dan Tarlock

Indiana Journal of Global Legal Studies

No abstract provided.

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Introduction: Syncopated Sustainable Development (Sustainable Development, Agriculture, And The Challenge Of Genetically Modified Organisms Symposium), John S. Applegate, Alfred C. Aman Oct 2001

Introduction: Syncopated Sustainable Development (Sustainable Development, Agriculture, And The Challenge Of Genetically Modified Organisms Symposium), John S. Applegate, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

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Sustainable Agriculture, Patent Rights, And Plant Innovation, Mark D. Janis Oct 2001

Sustainable Agriculture, Patent Rights, And Plant Innovation, Mark D. Janis

Indiana Journal of Global Legal Studies

No abstract provided.

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Patenting Resources: Biotechnology And The Concept Of Sustainable Development, Yvonne Cripps Oct 2001

Patenting Resources: Biotechnology And The Concept Of Sustainable Development, Yvonne Cripps

Indiana Journal of Global Legal Studies

No abstract provided.

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Food Systems And Dietary Perspectives: Are Genetically Modified Organisms The Best Way To Ensure Nutritionally Adequate Food?, Ellen Messer Oct 2001

Food Systems And Dietary Perspectives: Are Genetically Modified Organisms The Best Way To Ensure Nutritionally Adequate Food?, Ellen Messer

Indiana Journal of Global Legal Studies

No abstract provided.

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Promise, Peril, Precaution: The Environmental Regulation Of Genetically Modified Organisms, Stephen Tromans Oct 2001

Promise, Peril, Precaution: The Environmental Regulation Of Genetically Modified Organisms, Stephen Tromans

Indiana Journal of Global Legal Studies

No abstract provided.

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