Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal History (29)
- Legal Profession (20)
- Supreme Court of the United States (20)
- Litigation (17)
- Judges (16)
-
- State and Local Government Law (16)
- Jurisprudence (13)
- Common Law (12)
- Criminal Procedure (10)
- Legal Writing and Research (10)
- Rule of Law (9)
- Civil Procedure (8)
- Criminal Law (6)
- Law and Society (5)
- Constitutional Law (4)
- Science and Technology Law (4)
- Comparative and Foreign Law (3)
- Dispute Resolution and Arbitration (3)
- Law and Politics (3)
- Family Law (2)
- Indigenous, Indian, and Aboriginal Law (2)
- Intellectual Property Law (2)
- Jurisdiction (2)
- Law and Economics (2)
- Legal Education (2)
- Military, War, and Peace (2)
- Administrative Law (1)
- Civil Law (1)
- Keyword
-
- Supreme Court advocacy (19)
- First Supreme Court arguments (15)
- Unpublished opinions (10)
- National Conference on Appellate Justice (8)
- Expedited appeals (5)
-
- Appellate court (4)
- Judges (4)
- Judicial review (4)
- United States Supreme Court (4)
- Appellate (3)
- Appellate judges (3)
- Appellate mediation (3)
- Citing unpublished opinions (3)
- Expedited review (3)
- Judicial opinion (3)
- Judiciary (3)
- Legal profession (3)
- Appeal (2)
- Appeals (2)
- Appellate advocacy (2)
- Appellate courts (2)
- Appellate courts and technology (2)
- Appellate process (2)
- Certificate of appealability (2)
- Certiorari (2)
- Commission on Structural Alternatives for the Federal Courts of Appeals (2)
- Common law (2)
- Constitution (2)
- Constitutional law (2)
- Courts (2)
Articles 121 - 149 of 149
Full-Text Articles in Courts
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.
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 Assuming that it is constitutional to designate an opinion as nonprecedential, it is not constitutional to prohibit citing an opinion.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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.