Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Oral argument (5)
- Appellate advocacy (4)
- Expedited appeals (4)
- Expedited review (3)
- Standard of review (3)
-
- Adversarial system (2)
- Appeal (2)
- Appellate court (2)
- Appellate efficiency (2)
- Civil procedure (2)
- Class certification (2)
- Evidence (2)
- Harmless error (2)
- Oral advocacy (2)
- Supreme Court advocacy (2)
- Technology and appellate courts (2)
- 3JX docket (1)
- Abuse of discretion (1)
- Admissibility (1)
- Adoption of minor children (1)
- Adult educators (1)
- Affirmative duty (1)
- America (1)
- American law (1)
- Amicus curiae (1)
- Appeal process (1)
- Appealing class certification (1)
- Appellate (1)
- Appellate advice from a judge (1)
- Appellate advocate teacher (1)
Articles 31 - 50 of 50
Full-Text Articles in Litigation
Appellate Procedure In West Virginia: Why Rule 4a'S Expedited Petition Process Isn't Attractive To Attorneys, Grace Wigal
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
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
Expedited Appeals In Indiana: Too Little, Too Late, Joel M. Shumm
The Journal of Appellate Practice and Process
No abstract provided.
Possible, But Not Likely: Expedited Appeals In Massachusetts, Davalene Cooper
Possible, But Not Likely: Expedited Appeals In Massachusetts, Davalene Cooper
The Journal of Appellate Practice and Process
No abstract provided.
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.
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.
The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer
The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer
The Journal of Appellate Practice and Process
The information presented to courts has traditionally been written and oral. Many courts are adopting technology into the courtroom. Changing the record from text to multi-media is the most sweeping of these changes.
Appellate Advocacy As Adult Education, Christine Durham
Appellate Advocacy As Adult Education, Christine Durham
The Journal of Appellate Practice and Process
Judges must learn enough about every case in order to make competent rulings. An attorney may be a more effective appellate advocate is they think of themselves as teachers to judges.
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.
The Pitfalls Of Replies, Jason Vail
The Pitfalls Of Replies, Jason Vail
The Journal of Appellate Practice and Process
A warning is given about the pitfalls of “last word disease.”
Disarray Among The Federal Circuits: Harmless Error Review Of Rule 11 Violations, Brent E. Newton
Disarray Among The Federal Circuits: Harmless Error Review Of Rule 11 Violations, Brent E. Newton
The Journal of Appellate Practice and Process
Federal Rule of Criminal Procedure 11 governs how a defendant must be counseled when pleading guilty or nolo contendre. Federal Courts of Appeals have held that violation of Rule 11 is harmless error. Since it is harmless error, the lower courts’ decisions are upheld. This article argues that the Federal Courts of Appeals have misapplied the harmless error standard when deciding Rule 11 issues.
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.
Federal Rule Of Civil Procedure 23(F): Interlocutory Appeals Of Class Action Certification Decisions, Kenneth S. Gould
Federal Rule Of Civil Procedure 23(F): Interlocutory Appeals Of Class Action Certification Decisions, Kenneth S. Gould
The Journal of Appellate Practice and Process
This article discusses the significance of Federal Rule of Civil Procedure 23(f). The article's review of Rule 23(f) includes the importance of class certification decisions and appellate review of certifications, historical imitations on appellate review of certifications, rationale for allowing appeal of interlocutory certification, operation of rule 23(f), the first application of the rule, and prospects of Rule 23(f) achieving its goals.
Oral Argument’S Big Challenge: Fielding Questions From The Court, Jason Vail
Oral Argument’S Big Challenge: Fielding Questions From The Court, Jason Vail
The Journal of Appellate Practice and Process
This article contains advice for handling questions during oral argument .
Focus On The Crucial Issue, Myron H. Bright
Focus On The Crucial Issue, Myron H. Bright
The Journal of Appellate Practice and Process
A Senior Judge for the United States Court of Appeals for the Eighth Circuit addresses the importance of saving valuable time by focusing on the core issues when arguing a case. The essay also provides guidance on identifying core issues.
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.
Prosecutorial Misconduct In Closing Argument: The Role Of Intent In Appellate Review, Paul J. Spiegelman
Prosecutorial Misconduct In Closing Argument: The Role Of Intent In Appellate Review, Paul J. Spiegelman
The Journal of Appellate Practice and Process
This article is the first of two articles that discuss the concern of prosecutorial misconduct. This article focuses improper prosecutorial argument in the 1990s. The article examines a California Supreme Court reversal of a murder conviction and death sentence due to misconduct during the prosecutor’s closing argument. The article then discusses forty-five federal appellate court opinions addressing the issue of prosecutorial misconduct.