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Articles 91 - 120 of 144
Full-Text Articles in Legal Profession
Appellate Malpractice, Steven Wisotsky
Appellate Malpractice, Steven Wisotsky
The Journal of Appellate Practice and Process
No abstract provided.
Preface, Rodney K. Smith
Preface, Rodney K. Smith
The Journal of Appellate Practice and Process
The Solicitor General of the United States is "the Appellate Lawyer's Lawyer." The Solicitor General is the leading appellate advocate before the Supreme Court. The Solicitor General participates in 75% of oral arguments in the Court and represents no one but the United States. This special section is a tribute to this valued position.
Toward A Community Of Professionalism, Elliot L. Bien
Toward A Community Of Professionalism, Elliot L. Bien
The Journal of Appellate Practice and Process
Professionalism amongst American litigators has declined. Many jurisdictions have adopted codes of conduct in order to restore professionalism. These attempts have done little to restore professionalism. Similar adversarial systems, like England's, are admired for their professionalism. What creates this value amongst barristers is a sense of community. A similar practice should be adopted in the United States in order to restore a sense of professionalism in litigation.
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.
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.
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.
Common Disorders Of The Appendix And Their Treatment, Roger J. Miner
Common Disorders Of The Appendix And Their Treatment, Roger J. Miner
The Journal of Appellate Practice and Process
In the legal profession, an appendix is an integral part to an appellate brief. An appendix is as important as oral argument or the written brief. This essay examines the function of and rules for preparing an appendix. The discussion then identifies common deficiencies of appendices along with the consequences of the disorders.
A National Organization For Appellate Lawyers, J. Thomas Sullivan
A National Organization For Appellate Lawyers, J. Thomas Sullivan
The Journal of Appellate Practice and Process
The American Bar Association creates a new practice group for appellate practitioners. In addition, the necessity of reply briefs is discussed.
The Impact Of Science On Legal Decisions: What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner
The Impact Of Science On Legal Decisions: What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner
Law Faculty Scholarship
No abstract provided.
A Tribute To William H. Bowen: Tributes And Response To Words Of Congratulations, Charles W. Goldner Jr., J. Thomas May, Rodney K. Smith, Thomas F. Mclarty, Derrick Smith, William Jefferson Clinton, William H. Bowen
A Tribute To William H. Bowen: Tributes And Response To Words Of Congratulations, Charles W. Goldner Jr., J. Thomas May, Rodney K. Smith, Thomas F. Mclarty, Derrick Smith, William Jefferson Clinton, William H. Bowen
University of Arkansas at Little Rock Law Review
No abstract provided.
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.
Competent Appellate Advocacy And Continuing Legal Education: Fitting The Means To The End, D. Franklin Arey Iii
Competent Appellate Advocacy And Continuing Legal Education: Fitting The Means To The End, D. Franklin Arey Iii
The Journal of Appellate Practice and Process
Competency is an important practice requirement. Appellate competency differs from other legal practices. This article presents CLE programs that promote appellate advocacy.
Mediation In The New Mexico Court Of Appeals, Richard Becker
Mediation In The New Mexico Court Of Appeals, Richard Becker
The Journal of Appellate Practice and Process
A mediator gives a summary of the implementation of, procedure relating to, and role of lawyers in the New Mexico Court of Appeals’s mediation program.
Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby
Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby
The Journal of Appellate Practice and Process
A justice of Australia's highest court gives advice to appellate advocates. The essay begins with an overview of Australia’s judicial structure. The discussion then focuses on ten rules for appellate advocacy.
Standards For Certification Of Appellate Specialists, Melissa M. Serfass
Standards For Certification Of Appellate Specialists, Melissa M. Serfass
The Journal of Appellate Practice and Process
This practice note surveys state requirements for certification of appellate practice specialists.
Better Late Than Never: Settlement At The Federal Court Of Appeals, Mori Irvine
Better Late Than Never: Settlement At The Federal Court Of Appeals, Mori Irvine
The Journal of Appellate Practice and Process
The Civil Justice Reform Act of 1990 encouraged all federal district courts to implement alternative dispute resolution programs. Federal Courts of Appeals implemented alternative dispute resolution programs as early as 1974. This article surveys federal alternative dispute resolution programsthen takes an in-depth look at the Eleventh Circuit’s program. The article provides advice for appellate advocacy during mediation.
Commercial And Corporate Lawyers 'N The Hood, Alfred Dennis Mathewson
Commercial And Corporate Lawyers 'N The Hood, Alfred Dennis Mathewson
University of Arkansas at Little Rock Law Review
No abstract provided.
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.
Introduction And Dedication, J. Thomas Sullivan
Introduction And Dedication, J. Thomas Sullivan
The Journal of Appellate Practice and Process
The Journal of Appellate Practice and Process, introduction
An Argument On The Record For More Federal Judgeships, William M. Richman
An Argument On The Record For More Federal Judgeships, William M. Richman
The Journal of Appellate Practice and Process
A case is made for increasing the number of federal judges. The author uses the loss of judge involvement in decisionmaking to begin his argument. The discussion then addresses the arguments against increasing federal judgeships.
19 Tips From 19 Years On The Appellate Bench, Patricia M. Wald
19 Tips From 19 Years On The Appellate Bench, Patricia M. Wald
The Journal of Appellate Practice and Process
A former Chief Judge of the United States Court of Appeals for the District of Columbia Circuit provides nineteen pieces of appellate advice to commemorate her nineteen years with the court.
In Defense Of Oral Argument, Stanley Mosk
In Defense Of Oral Argument, Stanley Mosk
The Journal of Appellate Practice and Process
Stanley Mosk presents a case against the trend of appellate courts granting oral argument less frequently.
Evidence And Ethics—Letting The Client Rest In Peace: Attorney-Client Privilege Survives The Death Of The Client. Swidler & Berlin V. United States, 118 S. Ct. 2081 (1998)., Julie Peters Zamacona
Evidence And Ethics—Letting The Client Rest In Peace: Attorney-Client Privilege Survives The Death Of The Client. Swidler & Berlin V. United States, 118 S. Ct. 2081 (1998)., Julie Peters Zamacona
University of Arkansas at Little Rock Law Review
No abstract provided.
The Revised Lawyer Discipline Process In Arkansas: A Primer And Analysis, Lawrence H. Averill Jr.
The Revised Lawyer Discipline Process In Arkansas: A Primer And Analysis, Lawrence H. Averill Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Reforming The Bar: Women And The Arkansas Legal Profession, Frances Mitchell Ross
Reforming The Bar: Women And The Arkansas Legal Profession, Frances Mitchell Ross
University of Arkansas at Little Rock Law Review
No abstract provided.
The Attack On Traditional Billing Practices, Stephen W. Jones, Melissa Beard Glover
The Attack On Traditional Billing Practices, Stephen W. Jones, Melissa Beard Glover
University of Arkansas at Little Rock Law Review
No abstract provided.
Jacob's Blessing, Cooperative Grace, And Practicing Law With A Limp, John M.A. Dipippa
Jacob's Blessing, Cooperative Grace, And Practicing Law With A Limp, John M.A. Dipippa
Law Faculty Scholarship
How does a lawyer's religious beliefs affect the lawyer's practice? I will answer that question by reflecting on baseball players, wrestling with mysterious strangers, and practicing law with a limp. This essay is divided into four sections. First, I will share the story of baseball star Sandy Koufax's refusal to pitch on Yom Kippur. Second, I will present a brief theology of grace. Third, I will discuss the Genesis story of Jacob's wrestling match with the Angel. Finally, I will relate a personal experience from my own practice. In truth, each of these sections demonstrates the same theme: that God's …
The Continuous Representation Doctrine: Must You Sue Your Lawyer While She Still Represents You, Timothy O. Dudley
The Continuous Representation Doctrine: Must You Sue Your Lawyer While She Still Represents You, Timothy O. Dudley
University of Arkansas at Little Rock Law Review
No abstract provided.
Power Outage: Amplifying The Analysis Of Power In Legal Relations (With Special Application To Unconscionability And Arbitration), Michael Hunter Schwartz
Power Outage: Amplifying The Analysis Of Power In Legal Relations (With Special Application To Unconscionability And Arbitration), Michael Hunter Schwartz
Law Faculty Scholarship
No abstract provided.