Appellate Practice
- Views from the Bench: Interviews with Leading Women Appellate Jurists. Insights into effective briefing and oral argument as well as advice for those considering a path to the bench
- Finding Your Calling: Pro Bono as a Path to New Practice Areas. Attorneys at all levels may wish to give back and serve the underserved. But few expect to find their calling
- Consequences of Mootness on Appeal. The factors the courts consider relevant in determining when the order dismissing an appeal should also vacate the previous judgment.
- Beware This All-Too-Common Pitfall of the Appellate Brief
- Legal Advocacy as Interactive Storytelling. An advocate employs similar techniques to those used to tell interactive stories in a totally different medium: video games
- Silly Lawyer Tricks XXIV. There are appropriate places for a haiku or to quote Bugs Bunny, but an appellate brief is not one of them
- Silly Lawyer Tricks XX. The traditional rules still apply?three strikes and you're out!
- What You Need to Know about #AppellateTwitter. #AppellateTwitter can be more than a place to 'nerd out' about legal writing or the law
- A Brief History of Women Advocates at the U.S. Supreme Court. To fully understand the relationship of women to the U.S. Supreme Court, we must reach back to the beginnings of our country
- Amendments to the Federal Rules of Appellate Procedure. A brief guide to the December 2019 amendments
- Steady, but Slow: Understanding and Navigating Delay in Federal Courts
- Jury Selection in the Age of COVID-19. Peeking inside a black box of potential constitutional concerns.
- New Amendments to Rule 3(c): Removing 'Traps for the Unwary'. Some important takeaways from the recent amendments to Federal Rule of Appellate Procedure 3(c)
- Silly Lawyer Tricks XXIII. Dishonest lawyers may, in fact, leave the courtroom with charred pants.
- Tips on Effective Editing. Editing can be the difference between a brief that gets read and one that gets skimmed
- Arguing Your First Case at the U.S. Supreme Court: An ABA Roundtable Discussion. The Appellate Practice Committee hosted a panel of five attorneys who just made their Supreme Court debuts and who graciously lent their time and shared their experiences in a well-attended Zoom roundtable
- Five Motions to Consider in Your Next Federal Appeal. When executed strategically, any of these five motions can strengthen your case and increase your likelihood of success
- The First Principle of Effective Advocacy: Speak the Truth
- Sitting at Counsel Table Before the U.S. Supreme Court
- Supreme Court Advocacy in the Age of COVID-19. Galvanized by the pandemic, the Supreme Court finally enters the era of technology.
- Appellate Precedent and Executive Power in the Time of COVID-19. Americans must ask themselves how much they are willing to cede in times of fear
- Silly Lawyer Tricks XXII. Tales of self-inflicted wounds, colorful language and tone, and attorney misconduct.
- An Associate's Reflections on Her First Oral Argument. The real challenge of oral argument is to be prepared to advocate for your client and to be prepared to persuade and educate the court
- Five Tips for Oral Argument. Use your oral argument time wisely and be a good advocate
- Your First Federal Appeal: Some Considerations to Keep in Mind. A brief guide covering some factors to consider when the trial court's decision doesn?t go your way
- Silly Lawyer Tricks XXV. You're probably not on the winning side of the argument when the court uses the term 'striking legal emptiness
- Don't Hold Your Fire: How to Oppose Dispositive Motions
- Reclaiming Our Humanity: Make Your Legal Writing More Readable. Most attorneys write like they think an attorney is supposed to sound.
- Silly Lawyer Tricks XXVI. Whether or not the attorney's story is the electronic version of 'the dog ate my homework,' it is a cautionary tale
- Going Solo: When Appellate Judges Get to Decide on Their Own. Having to make every decision by committee might get tiring, but appellate judges do get an occasional taste of solo power.
- Silly Lawyer Tricks XIX. Will they never learn? When in a hole, stop digging!
- It Is Time to Revisit Qualified Immunity. With recent incidents of police misconduct and a renewed debate on the role of policing and police tactics, the doctrine of qualified immunity for police officers has come under scrutiny
- Appellate Business Development: Tips from Experienced Practitioners. How do you become the appellate lawyer that both trial lawyers and their clients seek out?
- Facing Goliath: Litigating Appeals Against the Government.The government is afforded remarkable privileges not available to private litigants
- What Is the Attorney's Role in Obtaining Appeal Bonds?. Attorneys play an important role at all stages of the process.
- Silly Lawyer Tricks XXI. If just showing up is 90 percent of success, the opposite is true as well
- Mixed Questions of Fact and Law: Deferential or Plenary Review?. Don't be put off by the formulaic presentation of the clearly erroneous standard of review of factual findings in the context of mixed questions of law and fact
- Silly Lawyer Tricks XXXIV
- Privacy for Sale? The Third-Party Doctrine in the Digital Age. Can law enforcement avoid the strictures of the Fourth Amendment?
- Standards of Appellate Review of Mixed Questions of Federal Constitutional Law and Fact: Follow the SCOTUS. Practitioners can rely on a considerable body of federal and state law to call on state appellate courts to apply a de novo standard of appellate review in cases presenting mixed issues of federal constitutional law and fact
- How to Make Technical Briefs Understandable for Generalist Judges. With some care and effort, a lawyer can reduce even the most complicated subject matter to something that generalist judges--and their clerks--can understand
- A Peek Behind the Curtain: The Inner-Workings of the Judiciary, and Why Judges Should Address the Lack of Diversity Among Law Clerks. Experiences from the Appellate Judges Education Institute Summit
- Roundtable Recap: Fundamentals of Oral Advocacy on Appeal. If you are seeking to start your appellate practice, here are some tips to help you along the way.
- Five Reasons Every Young Appellate Lawyer Should Write Pro Bono Amicus Briefs. There are few more rewarding or meaningful ways to volunteer than writing a pro bono amicus brief
- Young Lawyers: Why You Should Take a Pro Bono Appeal. Pro bono appeals are often overlooked as a way to give back to the community, but are worth considering for a number of reasons