Journal of Appellate Practice and Process
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DRIVING EFFICIENCY AND PUBLIC CONFIDENCE: INTEGRATING QUALITY MANAGEMENT PRACTICES IN THE FEDERAL APPELLATE COURT SYSTEM.
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Go East, young lawyers: the Stanford Law School Supreme Court Litigation Clinic.
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REEXAMINING RECALL OF MANDATE: LIMITATIONS ON THE INHERENT POWER TO CHANGE FINAL JUDGMENTS.
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This is unprecedented: examining the impact of vacated state appellate court opinions.
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Some reflections on cameras in the appellate courtroom.
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Pretender in paradise.
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'Can we go home now?': expediting adoption and termination of parental rights appeals in Ohio state courts.
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DISRESPECTFUL DISSENT: JUSTICE SCALIA'S REGRETTABLE LEGACY OF INCIVILITY.
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All copying is not created equal: borrowed language in Supreme Court opinions.
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The politics of Bush v. Gore.
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APPELLATE ISSUES IN AND AROUND INDIAN COUNTRY.
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The statute, the Constitution, the caselaw, and the appellate lawyer as sleuth.
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Introduction to Justice Breyer's remarks 2005 National Conference on Appellate Justice.
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The decline of oral argument in the Federal Courts of Appeals: a modest proposal for reform.
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The language of Supreme Court briefs: a large-scale quantitative investigation.
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Appellate mediation in Pennsylvania: looking back at the history and forward to the future.
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Appealing remand orders under the Class Action Fairness Act.
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FOREWORD.
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JUDGING CLASS CERTIFICATION AS A MATTER OF LAW.
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The old order changes.
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When is finality ... final? Rehearing and resurrection in the Supreme Court.
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Appellate mediation in New Mexico: an evaluation.
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OKLAHOMA v. CASTRO-HUERTA-REBALANCING FEDERAL-STATE-TRIBAL POWER.
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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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A history of the Missouri Court of Appeals: the role of regional conflicts in shaping intermediate appellate court structure.
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Legal writing as good writing: tips from the trenches.
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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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How I got to the New York Court of Appeals.
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ALWD GUIDE TO LEGAL CITATION.
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Representing children on appeal: changed circumstances, changed minds.
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The revised ABA guidelines and the duties of lawyers and judges in capital postconviction proceedings.
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WITHER ORAL ARGUMENT? THE AMERICAN ACADEMY OF APPELLATE LAWYERS SAYS LET'S RESURRECT IT!
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Technological transparency: appellate court and media relations after Bush v. Gore.
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Sentence appeals in England: promoting consistent sentencing through robust appellate review.
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Five ways appellate courts can help the news media.
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THE JOURNAL OF APPELLATE PRACTICE AND PROCESS FOREWORD.
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Common knowledge about appellate briefs: true or false?
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Demand and supply trends in federal and state courts over the last half century.
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ACCURACY AND THE ROBOT JUDGE.
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Ineffective assistance of counsel in parental-rights termination cases: the challenge for appellate courts.
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A firm foundation for life after the bench.
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Enforcing Brown in the Little Rock crisis.
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TOWARD A CIVIL DISCOURSE.
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The abyss of racism.
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Public defenders and appointed counsel in criminal appeals: the Iowa experience.
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SURVEYING THE LANDSCAPE AS TECHNOLOGY REVOLUTIONIZES MEDIA COVERAGE OF APPELLATE COURTS.
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The Merchant of Venice, act IV, scene 1.
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Building an appellate system worthy of a great nation.
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Preface.
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GIVING OUR BETTER ANGELS A CHANCE: A DIALOGUE ON RELIGIOUS LIBERTY AND EQUALITY.
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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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Foreword.
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When is oral argument important? A judicial clerk's view of the debate.
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Once is not enough, or how about arguing your first two Supreme Court cases back to back ... and losing?
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A sober second thought.
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Matters in abatement.
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JUDICIAL WORDS MATTER.
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ON REASONABLENESS: THE MANY MEANINGS OF LAW'S MOST UBIQUITOUS CONCEPT.
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"IN CONCLUSION,..." ARE WE MISSING AN OPPORTUNITY TO PERSUADE?
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Learning from Professor Llewellyn.
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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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The evolving role of the state solicitor: toward the federal model?
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State Supreme Court opinions as law development.
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The special section.
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The First Amendment and the police in the digital age.
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Applications for certificates of appealability and the Supreme Court's 'obligatory' jurisdiction.
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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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Unpleasant duties: imposing sanctions for frivolous appeals.
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MAY IT PLEASE THE COURT - OR NOT: APPELLATE JUDGES' PREFERENCES AND PET PEEVES ABOUT ORAL ARGUMENT.
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An annotated bibliography on federal appellate practice and procedure.
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The Journal of Appellate Practice and Process: from the Supreme Court.
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Experience matters: the rise of a Supreme Court bar and its effect on certiorari.
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Fundamentals of preparing a United States Supreme Court amicus brief.
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Incivility and unprofessionalism on appeal: impugning the integrity of judges.
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The best oral argument I (n)ever made.
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DOES QUALITY MATTER? THE INFLUENCE OF PARTY BRIEFS AND ORAL ARGUMENTS ON THE U.S. SUPREME COURT.
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A practical guide to appellate judging.
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Preface: a computational scientist's perspective on appellate technology.
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THE JOURNAL OF APPELLATE PRACTICE AND PROCESS.
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ONE OF THE GOOD GUYS: THE MAKING OF A JUSTICE - REFLECTIONS ON MY FIRST 94 YEARS.
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A SHORT & HAPPY GUIDE TO JUDICIAL CLERKSHIPS DELIVERS, ESPECIALLY THE HAPPY PART.
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"REMARKABLE INFLUENCE": THE UNEXPECTED IMPORTANCE OF JUSTICE SCALIA'S DECEPTIVELY UNANIMOUS AND CONTESTED MAJORITY OPINIONS.
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Lopez v. Gonzales: a window on the shortcomings of the federal appellate process.
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Appellate malpractice.
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From Anastasoff to Hart to West's Federal Appendix: the ground shifts under no-citation rules.
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FOR COLEEN MILLER BARGER: A NOTE OF THANKS AND BEST WISHES.
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THE END OF AN ERA? ABOLISHING THE ABSTRACT REQUIREMENT FOR ARKANSAS APPELLATE BRIEFS.
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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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Selecting the supremes: the appointment of judges to the Supreme Court of Canada.
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George Washington, Elena Kagan, and the town of Greece, New York: the First Amendment and religious minorities.
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Appellate review of multi-claim general verdicts: the life and premature death of the Baldwin principle.
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NARRATIVES OF SELF GOVERNMENT IN MAKING THE CASE.
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An update on the Ninth Circuit debate.
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Stepping down.
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Neglecting the national memory: how copyright term extensions compromise the development of digital archives.
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Appeals in the ad hoc International Criminal Tribunals: structure, procedure, and recent cases.
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PROBATIONER LITERACY AND OUTREACH.
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All copying is not created equal: borrowed language in Supreme Court opinions.
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Possible, but not likely: expedited appeals in Massachusetts.
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Recusal on appeal: an appellate advocate's perspective.
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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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The legacy of Louis D. Brandeis.
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The Journal of Appellate Practice and Process: foreword.
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Errata.
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On the Internet, nobody knows you're a judge: appellate courts' use of Internet materials.
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Twelve prose poems by Roger J. Traynor (with a nod to Charles Baudelaire).
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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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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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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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The expedited appeals process for the District of Columbia Court of Appeals.
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OF GREAT USE AND INTEREST: CONSTITUTIONAL GOVERNANCE AND JUDICIAL POWER - THE HISTORY OF THE CALIFORNIA SUPREME COURT.
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Supplementing the record in the federal courts of appeals: what if the evidence you need is not in the record?
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ALWD Guide to Legal Citation, 5th ed.
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Effective performance guarantees for capital state post-conviction counsel: cutting the gordian knot.
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Getting to know us: judicial outreach in Oregon.
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SEMPER ANTICUS.
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Preservation rules in the federal Courts of Appeals.
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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 Supreme Court of Canada: its history, powers and responsibilities.
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An argument for reviving the actual futility exception to the Supreme Court's procedural default doctrine.
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A WORD OF INTRODUCTION: U.S. SUPREME COURT BRIEF WRITING STYLE GUIDE.
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THE CASE FOR TERMINATION OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES.
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Oral argument in the early Roberts court: a qualitative and quantitative analysis of individual justice behavior.
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ORIGINAL INTENT: UNDERSTANDING THE SUPREME COURT'S ORIGINAL JURISDICTION IN CONTROVERSIES BETWEEN STATES.
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More judicial outreach: 'Justice on Wheels' from the Supreme Court of Wisconsin.
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A Supreme Court homecoming.
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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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Appellate procedure in West Virginia: why Rule 4A's expedited petition process isn't attractive to attorneys.
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The Journal of Appellate Practice and Process: symposium discussion.
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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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Statistical data regarding state courts.
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Objective analysis of advocacy preferences and prevalent mythologies in one California Appellate Court.
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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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Local rules in the wake of Federal Rule of Appellate Procedure 32.1.
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Extended vacancies, crushing caseloads, and emergency panels in the federal courts of appeals.
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Assessing and addressing the problems caused by life tenure on the Supreme Court.
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Appellate remedy: the ancient precedents of a modern right.
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An opening for quid pro quo corruption? Issue advertising in Wisconsin judicial races before and after Citizens United.
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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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THE ART OF THE EFFECTIVE REPLY.
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SUPPLEMENTING SUPPLEMENTAL BRIEFING.
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Back to the drawing board: re-examining accepted premises of regional circuit structure.
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First argument impressions of the Supreme Court.
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Deciding not to decide: a limited defense of the silent concurrence.
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Recent Supreme Court patent decisions: the trend to limit the power of patent holders.
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Advocacy at its best: the views of Appellate Staff Attorneys.
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FILMING THE POLICE AS CITIZEN-JOURNALISTS--A TALE OF TWO HEROES: WHAT THEY DID, WHY THEY COULD DO IT, AND THE CONSEQUENCES FOR THE RACIAL DIVIDE IN THIS COUNTRY.
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Creating a journal: two perspectives.
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Copy-paste precedent.
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FOREWORD.
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Learning (and teaching) from doing.
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LEGAL WRITING: A JUDGE'S PERSPECTIVE ON THE SCIENCE AND RHETORIC OF THE WRITTEN WORD.
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Introduction: Brown in the Supreme Court.
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Should the courts save taxpayer standing? Interpreting Hein v. Freedom from religion Foundation narrowly through the lens of judicial-branch spending.
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A chilly reception at the court.
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A MIGHTY STRUGGLE.
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Preface: bringing light to the halls of shadow.
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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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AN LGBTQ JURIST'S PERSPECTIVE ON THE CRISIS IN THE JUSTICE SYSTEM.
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What's the difference? Comparing the advocacy preferences of state and federal appellate judges.
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A judicial secretary's many roles: working with an appellate judge and clerks.
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Federal and state court rules governing publication and citation of opinions: an updated.
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All mixed up about mixed questions.
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APPELLATE COURTS: STOP ACCEPTING AN "ABSURD" FIRST AMENDMENT ANALYSIS FOR NATIVE NATIONS' SACRED SITE DESTRUCTION.
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Finality versus consistency: does investor-state arbitration need an appellate system?
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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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STRUCTURING APPELLATE BRIEFS.
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Just a matter of time? Video cameras at the United States Supreme Court and the state supreme courts.
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The law reviews: do their paths of glory lead but to the grave?
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Precedent in the federal courts of appeals: an endangered or invasive species?
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BOOK REVIEW: READING THE CONSTITUTION: WHY I CHOSE PRAGMATISM, NOT TEXTUALISM.
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My first appellate argument: it can only get better.
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A BRIDGE TOO FAR: TERMINATING THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES WOULD HARM NATIONAL SECURITY AND CAUSE INEFFICIENT ADMINISTRATION OF MILITARY AND CIVILIAN JUSTICE.(response to Eugene R. Fidell, Journal of Appellate Practice and Process, vol. 23, p. 263, 2023)
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Gubernatorial removal and state supreme courts.
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No-citation rules under siege: a battlefield report and analysis.
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CIVIC EDUCATION AND CIVIL DISCOURSE: A ROLE FOR COURTS, JUDGES, AND LAWYERS.
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Death row and the cancer ward.
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WHEN THE UNITED STATES LOSES IN A CRIMINAL CASE: THE GOVERNMENT APPEAL PROCESS.
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Retired and working.
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Expedited appeals in Kentucky.
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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 con law professor with judicial appointment power.
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The Winning Brief, 3d ed.
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THE JOURNAL OF APPELLATE PRACTICE AND PROCESS.
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Appellate review of unpreserved questions in criminal cases: an attempt to define the 'interest of justice'.
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NATIVE AMERICAN TRIBAL APPELLATE COURTS: UNDERESTIMATED AND OVERLOOKED.
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Recusal on appeal.
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Changing fashions in advocacy: 100 years of brief-writing advice.
