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Articles 181 - 210 of 230
Full-Text Articles in Courts
Court Decisions As Information Sources For Journalists: How Journalists Can Better Cover Appellate Decisions, F. Dennis Hale
Court Decisions As Information Sources For Journalists: How Journalists Can Better Cover Appellate Decisions, F. Dennis Hale
University of Arkansas at Little Rock Law Review
No abstract provided.
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.
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.
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.
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.
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.
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.
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.
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, …
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.
Appellate Study Panel Issues Final Report, Carl Tobias
Appellate Study Panel Issues Final Report, Carl Tobias
The Journal of Appellate Practice and Process
The Commission on Structural Alternatives for the Federal Courts of Appeals final report is summarized. The summary focuses on the feasibility of splitting the Ninth Circuit and alternatives to a circuit split.
The New Rules Of Federal Appellate Procedure: Changes In Style And Substance, Warren W. Harris
The New Rules Of Federal Appellate Procedure: Changes In Style And Substance, Warren W. Harris
The Journal of Appellate Practice and Process
This article discusses the substantive changes to the Federal Rules of Appellate Procedure and Federal Rule of Civil Procedure 23.
When Does The Curiae Need An Amicus?, Luther T. Munford
When Does The Curiae Need An Amicus?, Luther T. Munford
The Journal of Appellate Practice and Process
An argument is made for freely granting leave of amicus motions.
Unpublished Opinions: A Comment, Richard S. Arnold
Unpublished Opinions: A Comment, Richard S. Arnold
The Journal of Appellate Practice and Process
The Honorable Richard S. Arnold gives a federal appellate judge’s perspective of the unpublished opinions debate.
Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison
Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison
The Journal of Appellate Practice and Process
This article discusses the uncertainty of United States Courts of Appeals jurisdiction over non-final orders.
From Webster To Word-Processing: The Ascendance Of The Appellate Brief, William H. Rehnquist
From Webster To Word-Processing: The Ascendance Of The Appellate Brief, William H. Rehnquist
The Journal of Appellate Practice and Process
Chief Justice William Rehnquist analyzed the evolution of Supreme Court advocacy. The discussion begins with the initial preference for oral arguments and the influence of nineteenth century Supreme Court advocate Daniel Webster. The discussion then turns to the Court’s shift from more attention to oral argument to written briefs.
Local Procedural Review In The Eighth Circuit, Carl Tobias
Local Procedural Review In The Eighth Circuit, Carl Tobias
The Journal of Appellate Practice and Process
This article addresses a little known role of the United States Courts of Appeals to review district court procedures. The discussion begins with this role assigned by the Judicial Improvements and Access to Justice Act of 1988 and Federal Rule of Civil Procedure 83. The article then analyzes how the United States Court of Appeals for the Eighth Circuit discharges this role.
The Arkansas Supreme Court And The Civil War, L. Scott Stafford
The Arkansas Supreme Court And The Civil War, L. Scott Stafford
Law Faculty Scholarship
No abstract provided.
Abstracting The Record, Terry Crabtree
Abstracting The Record, Terry Crabtree
University of Arkansas at Little Rock Law Review
No abstract provided.
Judicial Coup D'État: Mandamus, Quo Warranto And The Original Jurisdiction Of The Supreme Court Of Arkansas, Logan Scott Stafford
Judicial Coup D'État: Mandamus, Quo Warranto And The Original Jurisdiction Of The Supreme Court Of Arkansas, Logan Scott Stafford
University of Arkansas at Little Rock Law Review
No abstract provided.
Slavery And The Arkansas Supreme Court, L. Scott Stafford
Slavery And The Arkansas Supreme Court, L. Scott Stafford
University of Arkansas at Little Rock Law Review
No abstract provided.
Federal Courts, Tribal Courts, And Comity: Developing Tribal Judiciaries And Forum Selection, Raymond L. Niblock
Federal Courts, Tribal Courts, And Comity: Developing Tribal Judiciaries And Forum Selection, Raymond L. Niblock
University of Arkansas at Little Rock Law Review
No abstract provided.
The Influence Of The Arkansas Supreme Court's Opinions On Policy Made By The General Assembly: A Case Study, Chuck Smith
The Influence Of The Arkansas Supreme Court's Opinions On Policy Made By The General Assembly: A Case Study, Chuck Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Out Of The Morass: The Move To State Funding Of The Arkansas Court System, James D. Gingerich
Out Of The Morass: The Move To State Funding Of The Arkansas Court System, James D. Gingerich
University of Arkansas at Little Rock Law Review
No abstract provided.
The Separation Of Law And Equity And The Arkansas Chancery Courts: Historical Anomalies And Political Realities, Morton Gitelman
The Separation Of Law And Equity And The Arkansas Chancery Courts: Historical Anomalies And Political Realities, Morton Gitelman
University of Arkansas at Little Rock Law Review
No abstract provided.
Division Of Labor Between Arkansas's Appellate Courts, John J. Watkins
Division Of Labor Between Arkansas's Appellate Courts, John J. Watkins
University of Arkansas at Little Rock Law Review
No abstract provided.
New Mexico's Summary Calendar For Disposition Of Crimnal Appeals: An Invitation To Inefficiency, Ineffectiveness And Injustice, J. Thomas Sullivan
New Mexico's Summary Calendar For Disposition Of Crimnal Appeals: An Invitation To Inefficiency, Ineffectiveness And Injustice, J. Thomas Sullivan
Law Faculty Scholarship
As increasing appellate caseloads strain judicial and support resources available to appellate courts, the incentive for streamlining and expediting the appellate process to accommodate the needs of courts, counsel and litigants also increases. Traditional means for increasing work output, such as addition of judgeships and legal and clerical support staff, are often compromised by general funding problems facing many state jurisdictions, as well as the federal government. As a consequence, alternative means for expediting are sought, including reduction of judicial time involved for review of individual cases, restriction of oral argument and limitations on discretionary review. At the same time, …
An Overview Of The Law Of Jury Selection For Arkansas Criminal Trial Lawyers, J. Thomas Sullivan
An Overview Of The Law Of Jury Selection For Arkansas Criminal Trial Lawyers, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
No abstract provided.
Summary Judgment Practice In Arkansas: Celotex, The Scintilla Rule, And Other Matters, John J. Watkins
Summary Judgment Practice In Arkansas: Celotex, The Scintilla Rule, And Other Matters, John J. Watkins
University of Arkansas at Little Rock Law Review
No abstract provided.
Judicial Lobbying And Court Reform: U.S. Magistrate Judges And The Judicial Improvements Act Of 1990, Christopher E. Smith
Judicial Lobbying And Court Reform: U.S. Magistrate Judges And The Judicial Improvements Act Of 1990, Christopher E. Smith
University of Arkansas at Little Rock Law Review
No abstract provided.