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Articles 61 - 90 of 114
Full-Text Articles in Legal History
Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird
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.
Appellate Review Of Multi-Claim General Verdicts: The Life And Premature Death Of The Baldwin Principle, Ryan Patrick Phair
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.
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Carter G. Phillips
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Carter G. Phillips
The Journal of Appellate Practice and Process
Appellate advocacy is rarely a solo practice. Trial lawyers' intimate knowledge of the record often makes them invaluable in preparing a case for appeal. Rex E. Lee's ability to work with other lawyers made him an exceptional appellate advocate. In addition, his appreciation for teamwork influenced how he ran the office of the Solicitor General. Lee required every legal assistant to advise lawyers about every edit or change to arguments and briefs that the assistants found necessary. Lee treated the offices under the Solicitor General as clients rather than subordinates.
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Rodney K. Smith
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Rodney K. Smith
The Journal of Appellate Practice and Process
Rex Lee lived a life of faith. He had faith in the legal profession, faith in the United States Constitution, faith in education, faith in family, and faith in God.
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85
The Journal of Appellate Practice and Process
A brief biography on the Solicitor General of the United States from 1981-85.
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, H. Reese Hansen
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, H. Reese Hansen
The Journal of Appellate Practice and Process
Rex Lee had the daunting task of opening a new law school. He carried this burden with minimal experience in legal education. Lee used his gift for making everyone that he met feel like a close friend to recruit an exceptional faculty. An impressive student body followed. The Brigham Young Law School is now a greatly respected institution thanks to the path that Rex Lee paved.
The Evolving Role Of The State Solicitor: Toward The Federal Model, James R. Layton
The Evolving Role Of The State Solicitor: Toward The Federal Model, James R. Layton
The Journal of Appellate Practice and Process
A state solicitor gives an attorney general a specialist to turn to for appellate advice. The solicitor's ability to influence what position the state takes and what cases to pursue allows the solicitor to affect the development of law. The number of states with solicitors has grown from eight to twenty-four since 1987. Despite the similarities between state solicitors and the Solicitor General of the United States, there are many differences between the two roles.
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Francis X. Beytagh
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Francis X. Beytagh
The Journal of Appellate Practice and Process
Rex E. Lee lived a distinguished life as an advocate and educator. He clerked for Justice Byron White and then went on to private practice. He became founding dean of Brigham Young Law School and moved the program flawlessly through the accreditation process. Lee then moved on to become an Assistant Attorney General before Solicitor General of the United States. Lee's respect for the tradition of the independence of the office of Solicitor General ultimately cost him his position as Solicitor. Lee went on to live an active and successful life before succumbing to cancer.
In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman
In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman
The Journal of Appellate Practice and Process
The Solicitor General is often asked to give advice on oral advocacy. Seth P. Waxman has been reluctant to give such advice. Asking an advocate for advice about oral advocacy instead of a judge is like asking a fisherman for advice about catching fish if fish could speak. Waxman begins with a look at the life of acclaimed advocate, Daniel Webster, before giving his long reserved advice.
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Thomas Rex Lee
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Thomas Rex Lee
The Journal of Appellate Practice and Process
Rex E. Lee had a gift for befriending everyone he met. This gift allowed him to treat oral arguments as a conversation with a friend. This approach led to a successful and influential career as an oral advocate.
Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas
Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas
University of Arkansas at Little Rock Law Review
No abstract provided.
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Dallin H. Oaks
Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Dallin H. Oaks
The Journal of Appellate Practice and Process
Rex Lee was a talented pupil and obvious choice to be the first dean for the new Brigham Young Law School. Lee maintained a balanced life and devotion to his faith all through his life.
Introduction: The Impact Of Science On Legal Decisions—What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner
Introduction: The Impact Of Science On Legal Decisions—What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner
University of Arkansas at Little Rock Law Review
No abstract provided.
How Prospect Theory Can Improve Legal Counseling, John M.A. Dipippa
How Prospect Theory Can Improve Legal Counseling, John M.A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
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.
The Arkansas Supreme Court And The Aftermath Of The Civil War, L. Scott Stafford
The Arkansas Supreme Court And The Aftermath Of The Civil War, L. Scott Stafford
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.
The 1% Solution: American Judges Must Enter The Internet Age, Henry H. Perritt, Ronald W. Staudt
The 1% Solution: American Judges Must Enter The Internet Age, Henry H. Perritt, Ronald W. Staudt
The Journal of Appellate Practice and Process
The internet has made it easier and affordable to share information than ever before. Many legal institutions have taken advantage of this innovation by using the internet to disseminate decisions and other legal texts or for rulemaking. Most legal institutions, however, only use the internet for approximately 1% of adjudication.
Collegiality And Technology, Michael R. Murphy
Collegiality And Technology, Michael R. Murphy
The Journal of Appellate Practice and Process
Collegiality is the relationship between colleagues. While technology may ease communication between colleagues, it may not increase collegiality. To technological advances that appellate courts are adapting are teleconferencing and electronic mail. This essay takes a critical look at both with regards to their effect on collegiality.
Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan
Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan
The Journal of Appellate Practice and Process
Issuing preliminary opinions for public comment is similar to rehearings. The difference is that parties outside of the litigation are able to add commentary. Judges would then reevaluate the preliminary opinion, consider the submitted comments, and then issue a final opinion. Online access to judicial decisions could make this practice more efficient and effective than rehearings.
Cd-Rom Briefs: Are We There Yet?, Marilyn Devin
Cd-Rom Briefs: Are We There Yet?, Marilyn Devin
The Journal of Appellate Practice and Process
Three years after the first CD-ROM brief was accepted, there is debate on acceptance as a regular practice. Issues include what the legal profession and the courts have done about adopting CD-ROM briefs, what obstacles are being encountered, and how those obstacles are being dealt with. Both views are examined along with the circumstances in which a CD-ROM brief is likely to be accepted favorably by a court.
Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather
Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather
The Journal of Appellate Practice and Process
Appellate courts are unable to “smell the smoke of battle” from a trial. For this reason, a trial court’s decision is owed deference when examining an appeal. Video technology makes this reason for deference less relevant.
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.
Foreword, Coleen M. Barger
Foreword, Coleen M. Barger
The Journal of Appellate Practice and Process
An overview of this issue of The Journal.
A Vision Of The Future Of Appellate Practice And Process, George Nicholson
A Vision Of The Future Of Appellate Practice And Process, George Nicholson
The Journal of Appellate Practice and Process
Technology is changing appellate practice in two different ways. The first, is increasing efficiency. Technology is also changing the scope and direction of traditional appellate practice and process.
A Review Of Electronic Court Filing In The United States, Bradley J. Hillis
A Review Of Electronic Court Filing In The United States, Bradley J. Hillis
The Journal of Appellate Practice and Process
The rise of e-commerce has caused many courts to begin filing and storing pleadings electronically. This article discusses e-filing software, the benefits to and development of extensible mark-up language (“XML”) for legal documents, and the impact the future of e-filing.
Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint
Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint
The Journal of Appellate Practice and Process
In an effort to provide affordable access to the appellate process, the Minnesota Court of Appeals has adopted Interactive Video Teleconferencing. The Chief Judge of the Minnesota Court of Appeals discusses the history behind the decision, implementation, and the benefits along with the challenges of implementing Interactive Video Teleconferencing.
New Technologies And Appellate Practice, Philip A. Talmadge
New Technologies And Appellate Practice, Philip A. Talmadge
The Journal of Appellate Practice and Process
Technology can help enhance appellate practices. In particular, technology can improve appellate courts’: (1) electronic filing and argument of appellate cases; (2) digital maintenance of the record; (3) briefs; (4) dissemination of opinions; and (5) record storage.
Technological Developments In Legal Research, Lynn Foster, Bruce Kennedy
Technological Developments In Legal Research, Lynn Foster, Bruce Kennedy
The Journal of Appellate Practice and Process
Technology has created new types of legal research and means of access to the law. Specific to appellate practice, technology has changed how decisions are published and the nature of legal research. Technology has even created a debate on who owns the different forms of case law.
Legal Research And The World Of Thinkable Thoughts, Robert C. Berring
Legal Research And The World Of Thinkable Thoughts, Robert C. Berring
The Journal of Appellate Practice and Process
It is difficult to properly describe technology’s impact on legal information. The impact created a generational gap between those who learned their research skills before the change and current students. The habits of the new generation of legal researchers point toward a change in the way that we can think about the law.