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Full-Text Articles in Law
Some Thoughts On Reply Briefs, Brian Wolfman
Some Thoughts On Reply Briefs, Brian Wolfman
Georgetown Law Faculty Publications and Other Works
This essay provides suggestions for writing reply briefs. It begins with a quick review of the well-understood ways in which an appellate advocate should acquire and review the information needed to write a comprehensive and powerful reply brief.
The essay then turns to the more difficult challenges of crafting the brief, making three key points:
First, don't just go tit-for-tat in responding to one point after another advanced by the appellee. That can be boring and ponderous and often requires you to argue the case on your opponent's terms. Rather, re-frame the case on your client's terms, taking the case …
Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf
Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf
Scholarly Works
Non-precedent decisions are the norm in federal appellate courts, and are seen by judges as a practical necessity given the size of their dockets. Yet the system has always been plagued by doubts. If only some decisions are designated to be precedents, questions arise about whether courts might be acting arbitrarily in other cases. Such doubts have been overcome in part because nominally unpublished decisions are available through standard legal research databases. This creates the appearance of transparency, mitigating concerns that courts may be acting arbitrarily. But what if this appearance is an illusion? This Article reports empirical data drawn …
Newsroom: Judge Edward Clifton Joins Faculty, Roger Williams University School Of Law
Newsroom: Judge Edward Clifton Joins Faculty, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions, Scott A. Moss
(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions, Scott A. Moss
Publications
No abstract provided.
Legislative Intent And Legislative History In Michigan, Kincaid C. Brown
Legislative Intent And Legislative History In Michigan, Kincaid C. Brown
Law Librarian Scholarship
Determining legislative intent is one of the key roles that the judicial system plays in Michigan, and legislative history can be a useful tool for evaluating the intent of the legislature when enacting a law. However, legislative history resources can be difficult to gather and some resources may not be persuasive in Michigan courts. This article provides a brief description of the Michigan legislative process, the court’s view of using legislative history to determine legislative intent, and a list of Michigan legislative history resources.
The Traveling Librarian: Extending Library Services To A Statewide Judiciary, Robert M. Linz
The Traveling Librarian: Extending Library Services To A Statewide Judiciary, Robert M. Linz
Publications
When patrons can't come to the library, sometimes the librarian must go to the patrons. That is exactly what happened this past year in the state of Colorado.
Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman
Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman
Articles
The National Archives and Records Administration (NARA) is, wisely, planning the future of its enormous collection of relatively recent court records. The pertinent regulation, a “records disposition schedule” first issued in 1995 by the Judicial Conference of the United States in consultation with NARA, commits the Archives to keeping, permanently, all case files dated 1969 or earlier; all case files dated 1970 or later in which a trial was held, and “any civil case file which NARA has determined in consultation with court officials to have historical value.” Other files may be destroyed 20 years after they enter the federal …
Academics And The Federal Circuit: Is There A Gulf And How Do We Bridge It?, John R. Thomas
Academics And The Federal Circuit: Is There A Gulf And How Do We Bridge It?, John R. Thomas
Georgetown Law Faculty Publications and Other Works
Many of the great research universities of the United States enjoy a close relationship with innovators. Names like Carnegie, Cornell, Hopkins, Stanford, and Vanderbilt bring to mind not so much these men, but the academic institutions that they founded. The mention of other research institutions, such as the Universities of Chicago and Virginia, allows us to recall entrepreneurial founders such as Rockefeller and Jefferson. It is appropriate then, to consider how university research - and in particular, the work product of the law schools - is faring before that court whose rulings most directly impact American innovation policy.
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
UF Law Faculty Publications
In France, Justice Jackson's question about where to look for the meaning of a statute would be phrased in broader terms and would not be limited to the question of whether to look only at the words of a statute or also at the legislative intent. French law starts from the premise that statutes and codes are the foundations of the legal system in the same way that cases are the foundation of the common-law system. Because of the primacy of written law in France, statutory interpretation lies at the heart of French law. Statutory interpretation is very flexible, and …
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser
Scholarly Works
This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.
Deciphering Courts Of Appeals Decisions Using The U.S. Courts Of Appeals Data Base, Tracey E. George, Reginald S. Sheehan
Deciphering Courts Of Appeals Decisions Using The U.S. Courts Of Appeals Data Base, Tracey E. George, Reginald S. Sheehan
Vanderbilt Law School Faculty Publications
Is one circuit significantly more conservative or liberal than the others? Do circuit courts consistently avoid deciding the substance of certain appeals by concluding that the plaintiffs lack standing? Have state governments been more successful than other parties when they appeal adverse district court rulings? Do appeals courts act in a majoritarian or countermajoritarian manner with regard to elected institutions and the general public? The United States Courts of Appeals Data Base, an extensive data set of courts of appeals decisions, can address these and other questions about the circuit courts. This article describes the background, scope, and content of …
Civil Juries And Complex Cases: Taking Stock After Twelve Years, Richard O. Lempert
Civil Juries And Complex Cases: Taking Stock After Twelve Years, Richard O. Lempert
Book Chapters
Twelve years ago, as the first Reagan administration was coming into office, it appeared that the civil jury, at least in complex cases, might be on the way out. The hostility of Chief Justice Warren Burger toward the civil jury was no secret and the circuit courts were split on the question of whether the Seventh Amendment guarantee of trial allowed an exception for complex cases. The issue was ripe for Supreme Court resolution. Moreover, a body of then-recent scholarship provided the Court with some historical justification for reading a complexity exception into the Seventh Amendment as well as with …
The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary
The Case Of The Disappearing Briefs: A Study In Preservation Strategy, Margaret A. Leary
Articles
Federal appellate court records and briefs are significant to researchers in many disciplines, but academic law libraries are discarding them. Ms. Leary chronicles the demise of paper holdings in law libraries, the rise of microforms, and the contents and usage of the National Archives and Records Administration's files. She then derives principles for preservation strategies that may apply to other categories of legal material.