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The Journal of Appellate Practice and Process

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Articles 91 - 120 of 149

Full-Text Articles in Courts

Advocacy Before The United States Supreme Court, Robert H. Jackson Apr 2003

Advocacy Before The United States Supreme Court, Robert H. Jackson

The Journal of Appellate Practice and Process

No abstract provided.


First Argument Impressions Of The Supreme Court, Stuart M. Riback Apr 2003

First Argument Impressions Of The Supreme Court, Stuart M. Riback

The Journal of Appellate Practice and Process

No abstract provided.


A First Argument In The Tradition Of Many, Beth S. Brinkmann Apr 2003

A First Argument In The Tradition Of Many, Beth S. Brinkmann

The Journal of Appellate Practice and Process

No abstract provided.


An Argument For Reviving The Actual Futility Exception To The Supreme Court's Procedural Default Doctrine, Brent E. Newton Oct 2002

An Argument For Reviving The Actual Futility Exception To The Supreme Court's Procedural Default Doctrine, Brent E. Newton

The Journal of Appellate Practice and Process

No abstract provided.


Seeing The Appellate Horizon: Civil Trial Strategy And Standards Of Review In The Eighth Circuit, R. Christopher Lawson Oct 2002

Seeing The Appellate Horizon: Civil Trial Strategy And Standards Of Review In The Eighth Circuit, R. Christopher Lawson

The Journal of Appellate Practice and Process

No abstract provided.


"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose Apr 2002

"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose

The Journal of Appellate Practice and Process

No abstract provided.


Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater Apr 2002

Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater

The Journal of Appellate Practice and Process

No abstract provided.


Preface: Expedited Appeals In Selected State Appellate Courts, Coleen M. Barger Apr 2002

Preface: Expedited Appeals In Selected State Appellate Courts, Coleen M. Barger

The Journal of Appellate Practice and Process

No abstract provided.


The Expedited Appeals Process For The District Of Columbia Court Of Appeals, Bonny L. Tavares Apr 2002

The Expedited Appeals Process For The District Of Columbia Court Of Appeals, Bonny L. Tavares

The Journal of Appellate Practice and Process

No abstract provided.


From Anastasoff To Hart To West's Federal Appendix: The Ground Shifts Under No-Citation Rules, Stephen R. Barnett Apr 2002

From Anastasoff To Hart To West's Federal Appendix: The Ground Shifts Under No-Citation Rules, Stephen R. Barnett

The Journal of Appellate Practice and Process

No abstract provided.


Expedited Appeals In Kentucky, Susan Hanley Kosse, Kristen S. Miller Apr 2002

Expedited Appeals In Kentucky, Susan Hanley Kosse, Kristen S. Miller

The Journal of Appellate Practice and Process

No abstract provided.


To Expediency And Beyond: Vermont's Rocket Docket, Tracy Bach Apr 2002

To Expediency And Beyond: Vermont's Rocket Docket, Tracy Bach

The Journal of Appellate Practice and Process

No abstract provided.


Appellate Mediation In New Mexico: An Evaluation, Roger A. Hanson, Richard Becker Apr 2002

Appellate Mediation In New Mexico: An Evaluation, Roger A. Hanson, Richard Becker

The Journal of Appellate Practice and Process

No abstract provided.


The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci Apr 2002

The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci

The Journal of Appellate Practice and Process

No abstract provided.


Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird Apr 2002

Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird

The Journal of Appellate Practice and Process

No abstract provided.


New Hampshire's Three-Judge Expedited Docket, Joseph P. Nadeau Apr 2002

New Hampshire's Three-Judge Expedited Docket, Joseph P. Nadeau

The Journal of Appellate Practice and Process

No abstract provided.


Appellate Procedure In West Virginia: Why Rule 4a'S Expedited Petition Process Isn't Attractive To Attorneys, Grace Wigal Apr 2002

Appellate Procedure In West Virginia: Why Rule 4a'S Expedited Petition Process Isn't Attractive To Attorneys, Grace Wigal

The Journal of Appellate Practice and Process

No abstract provided.


Freestyle Lawyering: Taking An Expedited Appeal In The New York State Courts, Alicia R. Ouellette Apr 2002

Freestyle Lawyering: Taking An Expedited Appeal In The New York State Courts, Alicia R. Ouellette

The Journal of Appellate Practice and Process

No abstract provided.


Expedited Appeals In Indiana: Too Little, Too Late, Joel M. Shumm Apr 2002

Expedited Appeals In Indiana: Too Little, Too Late, Joel M. Shumm

The Journal of Appellate Practice and Process

No abstract provided.


Appellate Review Of Multi-Claim General Verdicts: The Life And Premature Death Of The Baldwin Principle, Ryan Patrick Phair Apr 2002

Appellate Review Of Multi-Claim General Verdicts: The Life And Premature Death Of The Baldwin Principle, Ryan Patrick Phair

The Journal of Appellate Practice and Process

No abstract provided.


Possible, But Not Likely: Expedited Appeals In Massachusetts, Davalene Cooper Apr 2002

Possible, But Not Likely: Expedited Appeals In Massachusetts, Davalene Cooper

The Journal of Appellate Practice and Process

No abstract provided.


An Update On The Ninth Circuit Debate, Carl Tobias Oct 2001

An Update On The Ninth Circuit Debate, Carl Tobias

The Journal of Appellate Practice and Process

The Commission on Structural Alternatives for the Federal Courts of Appeals suggested in its final report a division of the Ninth Circuit. Congress presented many bills that would carry out the commission's suggestion. These events may have a significant effect on the future of the federal appellate courts.


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.


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.


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.


Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier Apr 2001

Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier

The Journal of Appellate Practice and Process

The practice of unpublished decisions and their precedential value causes much controversy. The practice of unpublished opinions creates a solution for how to deal effectively with heavy caseloads. Electronic databases make unpublished decisions readily available, which removes any secrecy that critics fear. Unpublished opinions are treated in one of three ways by the courts. In addition, three pragmatic issues are created by allowing opinions to go unpublished: 1) the availability of these decisions, 2) the quality of the reasoning in unpublished decisions, and 3) the treatment of unpublished opinions as precedent.


Preface: Anastasoff, Unpublished Opinions, And "No-Citation" Rules, Coleen M. Barger Apr 2001

Preface: Anastasoff, Unpublished Opinions, And "No-Citation" Rules, Coleen M. Barger

The Journal of Appellate Practice and Process

In the wake of the publication of Anastasoff v. United States a new round of debate has begun over the propriety of unpublished opions and their status as precedent. Circuit courts across the nation vary widely in how this "principle of policy" is treated, thus prompting the Journal of Appellate Practice and Process to call for papers, which are included herein.


A Closer Look At Unpublished Opinions In The United States Courts Of Appeals, Michael Hannon Apr 2001

A Closer Look At Unpublished Opinions In The United States Courts Of Appeals, Michael Hannon

The Journal of Appellate Practice and Process

Some legal researchers may assume that all cases decided by federal courts are published. However, many United States courts of appeals’ decisions go unpublished. United States courts of appeals’ decisions are important sources of law since they are the court of last resort for most litigants. By making a survey of Westlaw and LEXIS, the author sheds light on some aspects of unpublished opinions.


Unpublished Decisions In The Federal Courts Of Appeals: Making The Decision To Publish, Stephen L. Wasby Apr 2001

Unpublished Decisions In The Federal Courts Of Appeals: Making The Decision To Publish, Stephen L. Wasby

The Journal of Appellate Practice and Process

The rise of cases brought before federal appellate courts has caused most opinions to be designated as unpublished. This practice has created much controversy. This essay addresses the decision to publish, guidelines for publication, and enforcement of those guidelines within courts.


Federal And State Court Rules Governing Publication And Citation Of Opinions, Melissa M. Serfass, Jessie L. Cranford Apr 2001

Federal And State Court Rules Governing Publication And Citation Of Opinions, Melissa M. Serfass, Jessie L. Cranford

The Journal of Appellate Practice and Process

Many appellate court opinions are unpublished and have no precedential value. Publication standards vary for each jurisdiction. The different standards are presented in table form.