Legal Writing and Research Commons^™

Twenty-Five 'Dos' For Appellate Brief Writers, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

Restoring The Common In The Law: Proposal For The Elimination Of Rules Prohibiting The Citation Of Unpublished Decisions In Kansas And The Tenth Circuit, Mark D. Hinderks, Steve A. Leben

Faculty Works

No abstract provided.

Social Science And The Courts: The Role Of Amicus Curiae Briefs, Ronald G. Roesch, Stephen L. Golding, Valerie P. Hans, N. Dickon Reppucci

Cornell Law Faculty Publications

Social scientists have increasingly become involved in the submission of amicus curiae or "friend of the court" briefs in legal cases being decided by state and federal courts. This increase has triggered considerable debate about the use of briefs to communicate relevant social science research. This article evaluates the strengths and weaknesses of various methods of summarizing social science research for the courts. It also reviews the procedures for submitting briefs developed by the American Psychology-Law Society which, in collaboration with the American Psychological Association, has submitted its first brief in Maryland v. Craig, a case recently decided by …

Remarks: Appellate Advocacy Program, New York County Lawyers Association, Roger J. Miner '56

Bar Associations

No abstract provided.

Appellate Advocacy From The Viewpoint Of An Appellate Judge, Roger J. Miner '56

Law Practice

No abstract provided.

Judging The Judges: Three Opinions, James Boyd White

Articles

For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision? The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court …

The Myth Of The Disposable Opinion: Unpublished Opinions And Government Litigants In The United States Courts Of Appeals, Lauren K. Robel

Michigan Law Review

This article discusses the courts' adoption of the limited publication plans and analyzes the methods used by the courts to discourage the use of unpublished opinions. It also discusses the results of a survey conducted to determine if, and how, government litigants - some of the chief unanticipated beneficiaries of the publication plans make use of unpublished opinions. Finally, it challenges the assumption that limited publication is essential in an age of caseload crisis.

Changes In The Publication Of I.C.J. Reports: Effects Of These Suggestions On Teaching International Law, Ignaz Seidl-Hohenveldern

Michigan Journal of International Law

In August, 1986, the Joint Inspection Unit ("J.I.U.") transmitted to the Secretary General of the United Nations a report on the Publications of the International Court of Justice. The report stressed the desirability of extending the U.N. language regime to the publications of the International Court of Justice. Hitherto, the Judgments and Advisory Opinions of the I.C.J. have been published in English and French only. The texts in these two languages are published in juxtaposition (en regard). The J.I.U. report proposes to publish in the future only a limited number of copies in this way "for the use …

Appellate Justice Bureaucracy And Scholarship, William M. Richman, William L. Reynolds

University of Michigan Journal of Law Reform

Many of the other Articles in this Symposium demonstrate that a single great piece of legal scholarship can have an enormous impact on the development of legal doctrine. This Article differs in two respects. First, it focuses not on a single seminal work, but rather on a developing literature authored by a large group of scholars. Second, it attempts to assess the impact of that literature not on the growth of legal theory, but on the development of a single legal institution-the United States Courts of Appeals.

Brief For Petitioner, 21 J. Marshall L. Rev. 955 (1988), L. Lee Byrd, Yvonne T. Griffin, G. Rodney Young

UIC Law Review

No abstract provided.

Brief For Respondent, 21 J. Marshall L. Rev. 983 (1988), Matthew W. Nakon, Laura J. Steffe, Steven R. Yoo

UIC Law Review

No abstract provided.

Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger

Articles & Chapters

This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …

Research In Judicial Administration: A Judge's Perspective, Conference On Judicial Administration Research, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

Judicial Criticism, James Boyd White

Articles

Today I shall talk about the criticism of judicial opinions, especially of constitutional opinions. This may at first seem to have rather little to do with our larger topic, "The Constitution and Human Values," but I hope that by the end I will be seen to be talking about that subject too. In fact I hope to show that in what I call our "criticism" our "values" are defined and made actual in most important ways.

Book Review, Richard B. Collins

Publications

No abstract provided.

Citation Sources And The New York Court Of Appeals, Mary Anne Bobinski

Buffalo Law Review

No abstract provided.

Review Of The Justice Of The Western Consular Courts In Nineteenth Century Japan, Whitmore Gray

Reviews

Richard Chang attacks the generalization accepted by many historians that the Western consular tribunals in nineteenth-century Japan were so partial- toward West- erners and against Japanese-that they seldom rendered evenhanded justice. His study required two steps. First he tried to determine how many "mixed" cases came to trial-cases in which aJapanese brought a claim against a foreign resident in a consular court or was the complaining party in criminal proceedings against a foreigner. Between 1875 and 1895 there were five such cases that were widely reported and commented on at the time, and that have often been cited as examples. …

Legislative History In Washington, Arthur C. Wang

Seattle University Law Review

This Comment begins with an examination of court usage of Washington State legislative history and illustrates the lack of consistent judicial standards for acceptance of evidence of legislative intent. It then describes a systematic process that lawyers may use to identify and obtain relevant legislative history in Washington, and at the same time, points out defects in the record-keeping system. It concludes with recommendations to the Washington State Legislature to improve the accessibility and usefulness of state legislative history. Adoption of these recommendations would not only aid the legal researcher, but also provide the legislature with a better means to …

Iii. Recent French Extradition Cases, Michigan Journal Of International Law

Michigan Journal of International Law

This section of the appendix contains the first published collection of recent French extradition cases dealing with the application of the political offense exception to terrorists. Because of the selective fashion in which French decisional law is reported, many French extradition cases are never reproduced in any French case reporter. The purpose of this appendix is to provide an English speaking audience with the substance of opinions which are otherwise nearly impossible to obtain. The editors hope that this collection will aid comparative research and contribute to an informed debate on the political offense exception.

A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock

Cardozo Law Review

A personal view of Justice Benjamin N. Cardozo and his approach to the law is perhaps best provided by those who worked under his direct tutelage. Four men who served as law clerks to the Justice during his six year term on the Supreme Court agreed to share their reflections on that experience in this commemorative volume. Joseph Rauh, the Justice's last law clerk, wrote first; his recollections were then circulated among the other three: Melvin Siegel, Ambrose Doskow and Alan M. Stroock. Their responses to Mr. Rauh's memories of the Justice and his judicial style present intriguing contrasts and …

Using A Prediction Model In Forecasting Appeals, Paul A. Rake

IUSTITIA

Following the 1972 reorganization of the Indiana Court of Appeals into three panels serving defined geographical districts, the Court soon found itself floundering with too many unevenly distributed cases. Lacking a sufficient base of statistical data from which to formulate a plan to cope with the problem, various proposals, including redistricting the court, adding more judges, and developing a more sophisticated staff research, could not be measured for effectiveness or advisability.

In response to these problems, the Court developed a project to deal with the future caseload by constructing a regression model to predict appeals. This model generated estimates of …

The Supreme Court In Current Literature, Jenni Parrish, Roy Mersky

Faculty Scholarship

No abstract provided.

Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob

Cornell Law Faculty Publications

In the past, there have been three major approaches to the experimental investigation of the jury. First, juror selection research involves the study of the relation between verdicts or leniency toward certain classes of defendants and the characteristics of potential jurors. The second class of research is group study, in which the amount and style of individual participation is observed within the context of simulated jury deliberations (e.g., Strodtbeck, James and Hawkins, 1957). Finally, experimental psychology has made another contribution to the study of the jury; numerous researchers have conducted experimental studies employing legal stimulus materials. Typically, in such a …

Judicial Opinion Analysis, John J. Daley

LLM Theses and Essays

The aim of this paper is to suggest a method of judicial opinion analysis. This method has five essential aspects: 1) form; 2) procedure; 3) precedential value; 4) authority; and 5) substance. Observation of these aspects in judicial opinions should broaden legal and jurisprudential perspective and cause critical analysis of case dispositions.

Virtue: Survey Of Metropolitian Courts, Final Report, Paul L. Adams

Michigan Law Review

A Review of Survey of Metropolitian Courts, Final Report. By Maxine B. Virtue.

Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider

Michigan Law Review

A Review of The Common Law Tradition- Deciding Appeals. By Karl N. Llewellyn.

Dawson: A History Of Lay Judges, Spencer L. Kimball

Michigan Law Review

A Review of A History of Lay Judges . By John P. Dawson

Lore: How To Win A Tax Case, John J. Raymond

Michigan Law Review

A Review of How to Win A Tax Case. By Martin M. Lore

Brown: Digest Of Procedural Statutes And Court Rules: Pleading, Joinder, And Judgment Record, John W. Reed

Michigan Law Review

A Review of Digest of Procedural Statutes and Court Rules: Pleading, Joinder, and Judgment Record . By Elizabeth Gaspar Brown

Jacobs: Law Writers And The Courts, Richard. A. Edwards

Michigan Law Review

A Review of Law Writers and the Courts. By Clyde E. Jacobs