Open Access. Powered by Scholars. Published by Universities.®

Courts Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Arkansas Little Rock

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

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 Oct 2000

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 Jul 2000

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 Jul 2000

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 Jul 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jul 1999

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 Jul 1999

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 Jul 1999

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 Jul 1999

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 Jul 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

The Arkansas Supreme Court And The Civil War, L. Scott Stafford

Law Faculty Scholarship

No abstract provided.


Abstracting The Record, Terry Crabtree Oct 1998

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 Jul 1998

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 Apr 1997

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 Jan 1997

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 Apr 1996

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1994

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 Oct 1992

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 Oct 1992

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 Jan 1992

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.