Journal of Appellate Practice and Process
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U.S. SUPREME COURT BRIEF WRITING STYLE GUIDE.
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READING AMERICAN INDIAN LAW.(Reading American Indian Law: Foundational Principles)
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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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Seeing the appellate horizon: civil trial strategy and standards of review in the Eighth Circuit.
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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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The folly - and faith - of Furman.
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DEMOCRATIZING THE JUDICIARY: WHY JUDGES SHOULD ENGAGE "WE THE PEOPLE" THROUGH SOCIAL-MEDIA PLATFORMS.(F. Personalization/Humanization through Conclusion, with footnotes, p. 83-90)
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Learning from Professor Llewellyn.
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Appellate court rules governing publication, citation, and precedential value of opinions: an update.
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No court is an island.
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Cardozo at 100.
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NATIVE AMERICAN TRIBAL APPELLATE COURTS: UNDERESTIMATED AND OVERLOOKED.
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FINAL DECISIONS AND FINAL JUDGMENTS.
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Sentence appeals in England: promoting consistent sentencing through robust appellate review.
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1955-2004 statistical data regarding federal courts.
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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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A tribute to Vincent L. McKusick, 1921-2014.
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Toward a community of professionalism.
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MAKING SENSE OF MAKING SENSE: LESSONS FROM ARISTOTLE ON HOW TO MAKE SHARPER, MORE LOGICAL LEGAL ARGUMENTS.
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Oral argument in the early Roberts court: a qualitative and quantitative analysis of individual justice behavior.
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Finality versus consistency: does investor-state arbitration need an appellate system?
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A WORD OF INTRODUCTION: U.S. SUPREME COURT BRIEF WRITING STYLE GUIDE.
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The language of Supreme Court briefs: a large-scale quantitative investigation.
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A past and future of judicial elections: the case of Montana.
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JUDGING CLASS CERTIFICATION AS A MATTER OF LAW.
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"REMARKABLE INFLUENCE": THE UNEXPECTED IMPORTANCE OF JUSTICE SCALIA'S DECEPTIVELY UNANIMOUS AND CONTESTED MAJORITY OPINIONS.(Antonin Scalia)
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Lopez v. Gonzales: a window on the shortcomings of the federal appellate process.
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THE (NOT TOO SERIOUS) GRAMMAR, PUNCTUATION, AND STYLE GUIDE TO LEGAL WRITING.
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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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A lecture on appellate advocacy.
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Words to the wise *.
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THE POWER OF A MENTOR.
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Appellate mediation in New Mexico: an evaluation.
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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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Nearing thirty years: the Burger court, Strickland v. Washington, and the parameters of the right to counsel.
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RECORDING JUDGES: FILLING GAPS TO IMPROVE JUDICIAL DISCIPLINE.
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OBSESSIVE OVER THE POSSESSIVE AT THE SUPREME COURT OF THE UNITED STATES: EXPLORING SCOTUS'/SCOTUS'S USE OF POSSESSIVE APOSTROPHES.(ESSAY)
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How to interpret statutes - or not: plain meaning and other phantoms.
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COURT-CLERGY OUTREACH.(Appendix A)
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APPELLATE ISSUES IN AND AROUND INDIAN COUNTRY.(FOREWORD)
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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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UPON FURTHER ELECTION: THE PARADOXICAL RISE OF POLITICAL SOLICITORS GENERAL.
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On the Internet, nobody knows you're a judge: appellate courts' use of Internet materials.
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An argument for reviving the actual futility exception to the Supreme Court's procedural default doctrine.
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Recusal on appeal: an appellate advocate's perspective.
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CONSTITUTIONAL CRISIS UNDER THE BIG SKY: WHAT MONTANA'S SUPREME COURT SHOWDOWN CAN TEACH ABOUT JUDICIAL INDEPENDENCE, ACCOUNTABILITY, AND LEGITIMACY FOR STATE COURTS.
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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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Precedent in the federal courts of appeals: an endangered or invasive species?
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Possible, but not likely: expedited appeals in Massachusetts.
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STYLE AND SUBSTANCE: A REVIEW OF JILL BARTON'S THE SUPREME GUIDE TO WRITING.
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THE OHIO BIRTH CERTIFICATE FIASCO: A CASE OF INSTITUTIONAL FAILURE.
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Judging federal regulations that preempt state law: the role of the presumption against preemption.
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Assessing and addressing the problems caused by life tenure on the Supreme Court.
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REFLECTIONS ON THE CHURCH/STATE PUZZLE.
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The abyss of racism.
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STRUCTURING APPELLATE BRIEFS.
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Appealing remand orders under the Class Action Fairness Act.
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AT THE LIBRARY OF THE APPELLATE GODS.(private papers of Justice John Paul Stevens)
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MY FIRST SUPREME COURT ARGUMENT ... AND THEN WHAT HAPPENED.
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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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SOMETHING REINFORCED, SOMETHING NEW: A REVIEW OF THE APPELLATE PROSECUTOR.
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SURVEYING THE LANDSCAPE AS TECHNOLOGY REVOLUTIONIZES MEDIA COVERAGE OF APPELLATE COURTS.
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Taking its toll: partisan judging and judicial review.
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Suggestions for American judges: ten books that merit reading.
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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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Expedited appeals in Indiana: too little, too late.
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Public defenders and appointed counsel in criminal appeals: the Iowa experience.
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Tribute to the Honorable Rex E. Lee Solicitor General of the United States 1981-85.
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ACCURACY AND THE ROBOT JUDGE.
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Dress rehearsal: The Moot Court Program at Georgetown Law Center's Supreme Court Institute.
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THE ART OF THE EFFECTIVE REPLY.
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THE JOURNAL OF APPELLATE PRACTICE AND PROCESS: FOREWORD.
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SUPPLEMENTING SUPPLEMENTAL BRIEFING.(sua sponte actions)
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COVID-19 AND SUPREME COURT ORAL ARGUMENT: THE CURIOUS CASE OF JUSTICE CLARENCE THOMAS.
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Foreword.
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Direct appeals from bankruptcy courts to the courts of appeals: the experience after two years.
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LAWYERS AS PEACEMAKERS.
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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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"IN CONCLUSION,..." ARE WE MISSING AN OPPORTUNITY TO PERSUADE?
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Twice grilled.
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Accessing the law.
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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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RUTH BADER GINSBURG.(IN MEMORIAM)
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Seeking best practices among intermediate courts of appeal: a nascent journey.
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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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Just a matter of time? Video cameras at the United States Supreme Court and the state supreme courts.
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APPELLATE COURTS: STOP ACCEPTING AN "ABSURD" FIRST AMENDMENT ANALYSIS FOR NATIVE NATIONS' SACRED SITE DESTRUCTION.(Appellate Issues in and Around Indian Country)
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Federal and state court rules governing publication and citation of opinions: an updated.
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From Anastasoff to Hart to West's Federal Appendix: the ground shifts under no-citation rules.
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THE SUPREME COURT - THEN AND NOW.
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New Hampshire's three-judge expedited docket.
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Freakonomics: A Rogue Economist Explores the Hidden Side of Everything.
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Now and then at the Supreme Court.
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FOR COLEEN MILLER BARGER: A NOTE OF THANKS AND BEST WISHES.
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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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Abandoning law reports for official digital case law.
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JUDICIAL WORDS MATTER.(Role of appellate judges in social-political issues)
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Twelve prose poems by Roger J. Traynor (with a nod to Charles Baudelaire).
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The Journal of Appellate Practice and Process: foreword.
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From pens to pixels: text-media issues in promulgating, archiving, and using judicial opinions.
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ONE TRUE SENTENCE: HEMINGWAY'S ADVICE FOR LAWYERS IN A MOVEABLE FEAST.(writer Ernest Hemingway)
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LEGAL WRITING: A JUDGE'S PERSPECTIVE ON THE SCIENCE AND RHETORIC OF THE WRITTEN WORD.
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The con law professor with judicial appointment power.
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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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WHEN THE UNITED STATES LOSES IN A CRIMINAL CASE: THE GOVERNMENT APPEAL PROCESS.
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No-citation rules under siege: a battlefield report and analysis.
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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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Stepping down.
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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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THE JOURNAL OF APPELLATE PRACTICE AND PROCESS.(FOREWORD)
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Preface: a computational scientist's perspective on appellate technology.
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Appellate review of multi-claim general verdicts: the life and premature death of the Baldwin principle.
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The old order changes.
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Tentative oral opinions: improving oral argument without spending a dime.
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An annotated bibliography on federal appellate practice and procedure.
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ONE OF THE GOOD GUYS: THE MAKING OF A JUSTICE - REFLECTIONS ON MY FIRST 94 YEARS.
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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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Justice White's principled passion for consistency.
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FOREWORD.
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AT THE ALTAR OF THE APPELLATE GODS - A BOOK REVIEW.
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John Marshall: Definer of a Nation.
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Enhancing efficiencies in the appellate process through technology.
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IN MEMORIAM.(former Supreme Court Justice David H. Souter)
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This is unprecedented: examining the impact of vacated state appellate court opinions.
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A chilly reception at the court.
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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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FINAL DECISIONS AND FINAL JUDGMENTS.
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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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Foreword.
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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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A practical guide to appellate judging.
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Learning (and teaching) from doing.
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A MIGHTY STRUGGLE.(Frederick Douglass Family Initiatives (FDFI))
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WITHER ORAL ARGUMENT? THE AMERICAN ACADEMY OF APPELLATE LAWYERS SAYS LET'S RESURRECT IT!
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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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When is oral argument important? A judicial clerk's view of the debate.
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Some reflections on cameras in the appellate courtroom.
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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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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.(FOREWORD)
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Horse-and-buggy dockets in the internet age, and the travails of a courthouse reporter.
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All copying is not created equal: borrowed language in Supreme Court opinions.
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Recent Supreme Court patent decisions: the trend to limit the power of patent holders.
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The legacy of Louis D. Brandeis.
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Preservation rules in the federal Courts of Appeals.
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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.(ARTICLES)
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Building an appellate system worthy of a great nation.
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Out of the frying pan and into the fire: the emergence of depublication in the wake of vacatur.
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Supreme court advocacy: acquiring the necessary expertise.
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OPEN AND TIMELY PUBLIC ACCESS TO FINAL, CITABLE U.S. CASE LAW: A PROGRESS REPORT.
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Still grateful after all these years.
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Objective analysis of advocacy preferences and prevalent mythologies in one California Appellate Court.
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TOWARD A CIVIL DISCOURSE.
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The connotation/denotation distinction in constitutional interpretation *.
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Appellate remedy: the ancient precedents of a modern right.
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Pre-argument settlement at the Michigan Court of Appeals: a secret too well kept.
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BRACTON'S WARNING AND HAMILTON'S REASSURANCE.( Norfolk & Portsmouth Bar Association's Law Day Luncheon on May 1, 2017)
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Sentence appeals in England: promoting consistent sentencing through robust appellate review.
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Local rules in the wake of Federal Rule of Appellate Procedure 32.1.
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More judicial outreach: "Justice on Wheels" from the Supreme Court of Wisconsin.
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ORIGINAL INTENT: UNDERSTANDING THE SUPREME COURT'S ORIGINAL JURISDICTION IN CONTROVERSIES BETWEEN STATES.
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CLOSED COURTROOMS: SIXTH AMENDMENT AND PUBLIC TRIAL RIGHT IMPLICATIONS.
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DRIVING EFFICIENCY AND PUBLIC CONFIDENCE: INTEGRATING QUALITY MANAGEMENT PRACTICES IN THE FEDERAL APPELLATE COURT SYSTEM.
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"PERFECT HARMONY".(FOREWORD)
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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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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.
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The paperless Court of Appeals comes of age.
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A SHORT & HAPPY GUIDE TO JUDICIAL CLERKSHIPS DELIVERS, ESPECIALLY THE HAPPY PART.
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Back to the drawing board: re-examining accepted premises of regional circuit structure.
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Preface.
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Advocacy at its best: the views of Appellate Staff Attorneys.
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Creating a journal: two perspectives.
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Introduction: Brown in the Supreme Court.
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The law reviews: do their paths of glory lead but to the grave?
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All copying is not created equal: borrowed language in Supreme Court opinions.
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Public rights, private rites: reliving Richmond Newspapers for my father.
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PROBATIONER LITERACY AND OUTREACH.(Appendix B)
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JOURNALISTS, JUSTICES, OBAMA JUDGES, AND TRUMP JUDGES.
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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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The Winning Brief, 3d ed.
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REMOTE ORAL ARGUMENTS IN THE AGE OF CORONAVIRUS: A BLIP ON THE SCREEN OR A PERMANENT FIXTURE?
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Technological transparency: appellate court and media relations after Bush v. Gore.
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THE NON-UNITED STATES OF AMERICA.(ARTICLES)
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To lobby or not to lobby: that is an important question.
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AT THE ALTAR OF THE APPELLATE GODS - A BOOK REVIEW.(At the Altar of the Appellate Gods: Arguing before the US Supreme Court)
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Recusal on appeal.
