Journal of Appellate Practice and Process
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Written and oral persuasion in the United States courts: a district judge's perspective on their history, function, and future.
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When the President says 'no': a few thoughts on executive power and the tradition of Solicitor General independence.
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Recent Supreme Court patent decisions: the trend to limit the power of patent holders.
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Go East, young lawyers: the Stanford Law School Supreme Court Litigation Clinic.
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Introduction to Justice Breyer's remarks 2005 National Conference on Appellate Justice.
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Preface.
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DISRESPECTFUL DISSENT: JUSTICE SCALIA'S REGRETTABLE LEGACY OF INCIVILITY.
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Appealing remand orders under the Class Action Fairness Act.
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My first appellate argument: it can only get better.
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Representing death-sentence appellants.
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An update on the Ninth Circuit debate.
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When is finality ... final? Rehearing and resurrection in the Supreme Court.
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How courts use Wikipedia.
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A history of the Missouri Court of Appeals: the role of regional conflicts in shaping intermediate appellate court structure.
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Representing children on appeal: changed circumstances, changed minds.
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Appeals in the ad hoc International Criminal Tribunals: structure, procedure, and recent cases.
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A sober second thought.
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An argument for reviving the actual futility exception to the Supreme Court's procedural default doctrine.
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REEXAMINING RECALL OF MANDATE: LIMITATIONS ON THE INHERENT POWER TO CHANGE FINAL JUDGMENTS.
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Oral argument in the early Roberts court: a qualitative and quantitative analysis of individual justice behavior.
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The Supreme Court of Canada: its history, powers and responsibilities.
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Prospects and problems associated with technological change in appellate courts: envisioning the appeal of the future.
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THE NON-UNITED STATES OF AMERICA.
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Pretender in paradise.
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eBAY v. MerceXchange as a sign of things to come: is the Supreme Court still reluctant to hear patent cases?
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Recusal on appeal: an appellate advocate's perspective.
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Getting to know us: judicial outreach in Oregon.
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First argument impressions of the Supreme Court.
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DICTIONARY DIVING IN THE COURTS: A SHAKY GRAB FOR ORDINARY MEANING.
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TOWARD A CIVIL DISCOURSE.
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The abyss of racism.
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Scholarly discourse and the cementing of norms: the case of the Indian Supreme Court - and a plea for research.
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Is link rot destroying stare decisis as we know it? The Internet-citation practice of the Texas appellate courts.
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Appellate court rules governing publication, citation, and precedential value of opinions: an update.
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Retention redux: Iowa 2012.
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No court is an island.
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Cardozo at 100.
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Don't shoot the Canons: maintaining the appearance of propriety standard.
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SOMETHING REINFORCED, SOMETHING NEW: A REVIEW OF THE APPELLATE PROSECUTOR.
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First arguments at the Supreme Court of the United States.
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COVID-19 AND SUPREME COURT ORAL ARGUMENT: THE CURIOUS CASE OF JUSTICE CLARENCE THOMAS.
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Advice from Justice Jackson.
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Confirmation gridlock: the federal judicial appointments process under Bill Clinton and George W. Bush.
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Freakonomics: A Rogue Economist Explores the Hidden Side of Everything.
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What's the difference? Comparing the advocacy preferences of state and federal appellate judges.
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Fiat lux: tracing a standard of review for class-certification orders.
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State Supreme Court opinions as law development.
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THE SUPREME COURT - THEN AND NOW.
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From good to great: the four stages of effective self-editing.
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Deciding not to decide: a limited defense of the silent concurrence.
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A past and future of judicial elections: the case of Montana.
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A nonagenarian discusses life as a senior circuit judge.
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Applications for certificates of appealability and the Supreme Court's 'obligatory' jurisdiction.
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What appellate judges do.
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INCENTIVIZING INEFFECTIVE-ASSISTANCE-OF-COUNSEL CLAIMS RAISED ON DIRECT APPEAL: WHY APPELLATE COURTS SHOULD REMAND "COLORABLE" CLAIMS FOR EVIDENTIARY HEARINGS.
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Building an appellate system worthy of a great nation.
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The Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc.: the return of patent appeals to the regional circuits.
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Tentative oral opinions: improving oral argument without spending a dime.
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The evolving role of the state solicitor: toward the federal model?
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Writing a better brief: the civil appeals style manual of the Office of the Maryland Attorney General.
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Tilting at windmills.
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U.S. SUPREME COURT BRIEF WRITING STYLE GUIDE.
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REFLECTIONS ON THE CHURCH/STATE PUZZLE.
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"PERFECT HARMONY".
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CLOSED COURTROOMS: SIXTH AMENDMENT AND PUBLIC TRIAL RIGHT IMPLICATIONS.
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Unpleasant duties: imposing sanctions for frivolous appeals.
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Effective performance guarantees for capital state post-conviction counsel: cutting the gordian knot.
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A Supreme Court homecoming.
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The expedited appeals process for the District of Columbia Court of Appeals.
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A modest proposal for regulating unpublished, non-precedential federal appellate opinions while courts and litigants adapt to Federal Rule of Appellate Procedure 32.1.
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The next generation of legal citations: a survey of internet citations in the opinions of the Washington Supreme Court and Washington Appellate Courts, 1999-2005.
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The connotation/denotation distinction in constitutional interpretation.
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Sentence appeals in England: promoting consistent sentencing through robust appellate review.
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THE EUROJUST JOINT SUPERVISORY BODY'S CONTRIBUTIONS TO THE DEVELOPMENT OF PROCEEDINGS BEFORE EU BOARDS OF APPEAL.
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Does the readability of your brief affect your chance of winning an appeal? An analysis of readability in appellate briefs and its correlation with success on appeal.
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Assessing and addressing the problems caused by life tenure on the Supreme Court.
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All copying is not created equal: borrowed language in Supreme Court opinions.
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Back to the drawing board: re-examining accepted premises of regional circuit structure.
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Appellate judicial appointments during the Clinton presidency: an inside perspective.
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Nearing thirty years: the Burger court, Strickland v. Washington, and the parameters of the right to counsel.
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A judicial secretary's many roles: working with an appellate judge and clerks.
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ONE OF THE GOOD GUYS: THE MAKING OF A JUSTICE - REFLECTIONS ON MY FIRST 94 YEARS.
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"REMARKABLE INFLUENCE": THE UNEXPECTED IMPORTANCE OF JUSTICE SCALIA'S DECEPTIVELY UNANIMOUS AND CONTESTED MAJORITY OPINIONS.
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Selecting the supremes: the appointment of judges to the Supreme Court of Canada.
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Justice White's principled passion for consistency.
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THE JOURNAL OF APPELLATE PRACTICE AND PROCESS.
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Lopez v. Gonzales: a window on the shortcomings of the federal appellate process.
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A look back.
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"A watchdog for the good of the order": the Ninth Circuit's en banc coordinator.
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Recusal on appeal.
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Litigation campaigns and the search for constitutional rules.
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How to interpret statutes - or not: plain meaning and other phantoms.
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A new public-interest appellate model: public counsel's court-based self-help clinic and pro bono 'triage' for indigent pro se civil litigants on appeal.
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Suggestions for American judges: ten books that merit reading.
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Taking its toll: partisan judging and judicial review.
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Appellate procedure in West Virginia: why Rule 4A's expedited petition process isn't attractive to attorneys.
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Foreword.
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One judge's journey.
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Technological transparency: appellate court and media relations after Bush v. Gore.
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LAWYERS AS PEACEMAKERS.
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All copying is not created equal: borrowed language in Supreme Court opinions.
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SUPPLEMENTING SUPPLEMENTAL BRIEFING.
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Supreme Court Practice.
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Appellate review of multi-claim general verdicts: the life and premature death of the Baldwin principle.
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To expediency and beyond: Vermont's Rocket Docket.
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Preface: a computational scientist's perspective on appellate technology.
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Appellate Courts: Structures, Functions, Processes, and Personnel, 2d ed.
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STRUCTURING APPELLATE BRIEFS.
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Sua sponte actions in the appellate courts: the "gorilla rule" revisited.
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Appellate review of unpreserved questions in criminal cases: an attempt to define the 'interest of justice'.
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READING AMERICAN INDIAN LAW.
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STANDING MATTERS: BRACKEEN, ARTICLE III, AND THE LURE OF THE MERITS.
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Public rights, private rites: reliving Richmond Newspapers for my father.
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THE (NOT TOO SERIOUS) GRAMMAR, PUNCTUATION, AND STYLE GUIDE TO LEGAL WRITING.
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The statute, the Constitution, the caselaw, and the appellate lawyer as sleuth.
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Seeking best practices among intermediate courts of appeal: a nascent journey.
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Twice grilled.
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Accessing the law.
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RUTH BADER GINSBURG.
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The slow wheels of Furman's machinery of death.
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All right, retired judges, write!
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The decline of oral argument in the Federal Courts of Appeals: a modest proposal for reform.
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Classical citation.
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ORIGINAL INTENT: UNDERSTANDING THE SUPREME COURT'S ORIGINAL JURISDICTION IN CONTROVERSIES BETWEEN STATES.
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FOR COLEEN MILLER BARGER: A NOTE OF THANKS AND BEST WISHES.
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Achieving better court management through better data.
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Back to basics: returning to the matter of black inferiority and white supremacy in the post-Brown era.
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More judicial outreach: 'Justice on Wheels' from the Supreme Court of Wisconsin.
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SERVANTS TO JUSTICE.
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Statistical data regarding state courts.
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SEMPER ANTICUS.
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CITATION STICKINESS.
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Persuading quickly: tips for writing an effective appellate brief.
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Legal and appellate weblogs: what they are, why you should read them, and why you should consider starting your own.
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Avoiding missteps in the Supreme Court: a guide to resources for counsel.
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Fundamentals of preparing a United States Supreme Court amicus brief.
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A JUDICIAL ROLE IN CALMING OUR DIVIDED NATION.
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Judging federal regulations that preempt state law: the role of the presumption against preemption.
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First argument in the United States Supreme Court.
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Horse-and-buggy dockets in the Internet age, and the travails of a courthouse reporter.
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NATIVE AMERICAN TRIBAL APPELLATE COURTS: UNDERESTIMATED AND OVERLOOKED.
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Stepping down.
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Statement on the functions and future of appellate lawyers.
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A few thoughts on the importance of an independent judiciary.
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New Hampshire's three-judge expedited docket.
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Advocacy at its best: the views of Appellate Staff Attorneys.
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AN LGBTQ JURIST'S PERSPECTIVE ON THE CRISIS IN THE JUSTICE SYSTEM.
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The law reviews: do their paths of glory lead but to the grave?
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Preface: bringing light to the halls of shadow.
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LESS IS MORE: ONE LAW CLERK'S CASE AGAINST LENGTHY JUDICIAL OPINIONS.
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COVID-19, ZOOM, AND APPELLATE ORAL ARGUMENT: IS THE FUTURE VIRTUAL?
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AN EMPIRICAL STUDY OF CLASS-ACTION APPEALS.
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I couldn't wait to argue.
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THE POWER OF A MENTOR.
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Class certification and interlocutory review: rule 23(f) in the courts.
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CLEANING UP QUOTATIONS.
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Voices of the Brown generation: description of a project.
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Assessing judgeship needs in the federal courts of appeals: policy choices and process concerns.
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Reflections on the role of appellate courts: a view from the Supreme Court.
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THE RIGHT TO APPEAL IN COMPARATIVE PERSPECTIVE.
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WHAT TRIAL JUDGES WANT (AND DON'T WANT) IN APPELLATE OPINIONS.
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Appellate malpractice.
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Is limited remand required if the district court admitted or excluded evidence without a Daubert analysis?
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An annotated bibliography on federal appellate practice and procedure.
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Experience matters: the rise of a Supreme Court bar and its effect on certiorari.
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Appellate mediation in New Mexico: an evaluation.
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Planning and conduct of the national conference.
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Pre-argument settlement at the Michigan Court of Appeals: a secret too well kept.
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The view from the trenches: a report on the breakout sessions at the 2005 National Conference on Appellate Justice.
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THE RELIGIOUS FREEDOM RESTORATION ACT AND INDIAN LAW: FROM INDIVIDUAL ADVOCACY TO COLLECTIVE ACTION.
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Effective appellate advocacy before the Federal Circuit: a former law clerk's perspective.
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Critique and consequences of the Supreme Court's decision in Holmes v. Vornado.
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Sweeping down the plain: a modern rule for direct review in Oklahoma criminal appeals.
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A tribute to Vincent L. McKusick, 1921-2014.
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A SHORT & HAPPY GUIDE TO JUDICIAL CLERKSHIPS DELIVERS, ESPECIALLY THE HAPPY PART.
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Neglecting the national memory: how copyright term extensions compromise the development of digital archives.
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When is oral argument important? A judicial clerk's view of the debate.
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Overturning the last stone: the final step in returning precedential status to all opinions.
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FOREWORD.
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The Winning Brief, 3d ed.
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Intelligence testing and Atkins: considerations for appellate courts and appellate lawyers.
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JUDICIAL WORDS MATTER.
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The Journal of Appellate Practice and Process: foreword.
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On the Internet, nobody knows you're a judge: appellate courts' use of Internet materials.
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ALWD Guide to Legal Citation, 5th ed.
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Twelve prose poems by Roger J. Traynor (with a nod to Charles Baudelaire).
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From pens to pixels: text-media issues in promulgating, archiving, and using judicial opinions.
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COURT-CLERGY OUTREACH.
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Coping with disaster.
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Comparing 'appels' and oranges: evaluating the link between appeal processes and judiciary structures in Canada and France.
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CLERKS IN THE TIME OF CORONAVIRUS (WITH APOLOGIES TO GABRIEL GARCIA MARQUEZ).
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THE JOURNAL OF APPELLATE PRACTICE AND PROCESS.
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Expanded rights through state law: the United States Supreme Court shows state courts the way.
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The folly - and faith - of Furman.
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A past and future of judicial elections: the case of Montana.
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A lecture on appellate advocacy.
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Nearing thirty years: the Burger court, Strickland v. Washington, and the parameters of the right to counsel.
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SOME THOUGHTS ON REPLY BRIEFS.
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The illusion of devil's advocacy: how the Justices of the Supreme Court foreshadow their decisions during oral argument.
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Retired and working.
