Journal of Appellate Practice and Process - page 2
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The paperless Court of Appeals comes of age.
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MY FIRST SUPREME COURT ARGUMENT ... AND THEN WHAT HAPPENED.
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RECORDING JUDGES: FILLING GAPS TO IMPROVE JUDICIAL DISCIPLINE.
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Effective appellate advocacy before the Federal Circuit: a former law clerk's perspective.
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The Supreme Court of Canada: its history, powers and responsibilities.
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Back to the drawing board: re-examining accepted premises of regional circuit structure.
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Creating a journal: two perspectives.
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A chilly reception at the court.
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A judicial secretary's many roles: working with an appellate judge and clerks.
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The office of Solicitor General.
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Introduction to Justice Breyer's remarks 2005 National Conference on Appellate Justice.
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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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TOWARD A CIVIL DISCOURSE.
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Now and then at the Supreme Court.
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All copying is not created equal: borrowed language in Supreme Court opinions.
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Extended vacancies, crushing caseloads, and emergency panels in the federal courts of appeals.
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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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APPELLATE ISSUES IN AND AROUND INDIAN COUNTRY.(FOREWORD)
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The law reviews: do their paths of glory lead but to the grave?
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BOOK REVIEW: READING THE CONSTITUTION: WHY I CHOSE PRAGMATISM, NOT TEXTUALISM.
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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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Death row and the cancer ward.
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Expanded rights through state law: the United States Supreme Court shows state courts the way.
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Expedited appeals in Kentucky.
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Public rights, private rites: reliving Richmond Newspapers for my father.
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JOURNALISTS, JUSTICES, OBAMA JUDGES, AND TRUMP JUDGES.
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Infrequently asked questions.
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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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The Winning Brief, 3d ed.
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Recusal 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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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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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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Changing fashions in advocacy: 100 years of brief-writing advice.
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Selecting the supremes: the appointment of judges to the Supreme Court of Canada.
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From Anastasoff to Hart to West's Federal Appendix: the ground shifts under no-citation rules.
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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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Abandoning law reports for official digital case law.
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One judge's journey.
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STANDING MATTERS: BRACKEEN, ARTICLE III, AND THE LURE OF THE MERITS.
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NATIVE AMERICAN TRIBAL APPELLATE COURTS: UNDERESTIMATED AND OVERLOOKED.
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FOREWORD.
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SERVANTS TO JUSTICE.(appellate advocacy)
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No court is an island.
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Objective analysis of advocacy preferences and prevalent mythologies in one California Appellate Court.
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Cardozo at 100.
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CITATION STICKINESS.
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What's the difference? Comparing the advocacy preferences of state and federal appellate judges.
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Statement on the functions and future of appellate lawyers.
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Avoiding missteps in the Supreme Court: a guide to resources for counsel.
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First argument in the United States Supreme Court.
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Reading about the National Conference.
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The decline of oral argument in the Federal Courts of Appeals: a modest proposal for reform.
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I couldn't wait to argue.
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Voices of the Brown generation: description of a project.
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Class certification and interlocutory review: rule 23(f) in the courts.
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Planning and conduct of the national conference.
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Confidential chat on the craft of briefing.
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From good to great: the four stages of effective self-editing.
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How courts use Wikipedia.
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ALL MIXED UP ABOUT STATUTES: DISTINGUISHING INTERPRETATION FROM APPLICATION.(ARTICLES)
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Intelligence testing and Atkins: considerations for appellate courts and appellate lawyers.
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All right, retired judges, write!
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Beyond Citizens United.
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CLERKS IN THE TIME OF CORONAVIRUS (WITH APOLOGIES TO GABRIEL GARCIA MARQUEZ).(ESSAY)
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No-citation rules under siege: a battlefield report and analysis.
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The folly - and faith - of Furman.
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A lecture on appellate advocacy.
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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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'WHAT ARE MY CHANCES ON APPEAL?': COMPARING FULL APPELLATE DECISIONS TO PER CURIAM AFFIRMANCES.
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The revised ABA guidelines and the duties of lawyers and judges in capital postconviction proceedings *.
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To lobby or not to lobby: that is an important question.
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Writing (and reading) appellate briefs in the digital age.
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Neglecting the national memory: how copyright term extensions compromise the development of digital archives.
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A past and future of judicial elections: the case of Montana.
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THE SUPREME COURT - THEN AND NOW.
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OPEN AND TIMELY PUBLIC ACCESS TO FINAL, CITABLE U.S. CASE LAW: A PROGRESS REPORT.
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Reflections on Brown.
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A favorite.
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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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Preservation rules in the federal Courts of Appeals.
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Oral argument in the early Roberts court: a qualitative and quantitative analysis of individual justice behavior.
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A sober second thought.
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Calling on U.S. courts to adopt Canada's unified approach to statutory interpretation.
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AT THE LIBRARY OF THE APPELLATE GODS.(private papers of Justice John Paul Stevens)
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John Marshall: Definer of a Nation.
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AT THE ALTAR OF THE APPELLATE GODS - A BOOK REVIEW.
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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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Appellate court rules governing publication, citation, and precedential value of opinions: an update.
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THE DAWN OF THE "AI JUDGE"? GENERATIVE ARTIFICIAL INTELLIGENCE AND ITS IMPACT ON APPELLATE COURTS.
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A nonagenarian discusses life as a senior circuit judge.
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A past and future of judicial elections: the case of Montana.
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Applications for certificates of appealability and the Supreme Court's 'obligatory' jurisdiction.
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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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Appellate mediation in Pennsylvania: looking back at the history and forward to the future.
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State Supreme Court opinions as law development.
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The military's approach to appellate law.
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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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The First Amendment and the police in the digital age.
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DUTY OF FAIRNESS AND HEALING.(Navajo Supreme Court)
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SEMPER ANTICUS.(FOREWORD)
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Experience matters: the rise of a Supreme Court bar and its effect on certiorari.
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COVID-19, ZOOM, AND APPELLATE ORAL ARGUMENT: IS THE FUTURE VIRTUAL?
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When is oral argument important? A judicial clerk's view of the debate.
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Getting to know us: judicial outreach in Oregon.
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Some reflections on cameras in the appellate courtroom.
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Effective performance guarantees for capital state post-conviction counsel: cutting the gordian knot.
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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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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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Judicial declaration of public policy.
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Classical citation.
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THE ROBED TWEETER: TWO JUDGES' VIEWS ON PUBLIC ENGAGEMENT.
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DICTIONARY DIVING IN THE COURTS: A SHAKY GRAB FOR ORDINARY MEANING.
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Ineffective assistance of counsel in parental-rights termination cases: the challenge for appellate courts.
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THE JOURNAL OF APPELLATE PRACTICE AND PROCESS FOREWORD.
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"A watchdog for the good of the order": the Ninth Circuit's en banc coordinator.
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Common knowledge about appellate briefs: true or false?
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Enforcing Brown in the Little Rock crisis.
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Demand and supply trends in federal and state courts over the last half century.
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'We're your government and we're here to help': obtaining amicus support from the federal government in Supreme Court cases.
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My first appellate argument: it can only get better.
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Public defenders and appointed counsel in criminal appeals: the Iowa experience.
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Appellate malpractice.
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WHAT TRIAL JUDGES WANT (AND DON'T WANT) IN APPELLATE OPINIONS.
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THE RELIGIOUS FREEDOM RESTORATION ACT AND INDIAN LAW: FROM INDIVIDUAL ADVOCACY TO COLLECTIVE ACTION.(Appellate Issues in and Around Indian Country)
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Go East, young lawyers: the Stanford Law School Supreme Court Litigation Clinic.
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Minnesota's pro bono appellate program: a simple approach that achieves important objectives.
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Deciding not to decide: a limited defense of the silent concurrence.
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Speech on Brown v. Board of Education, May 1, 1981.
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RECORDING JUDGES: FILLING GAPS TO IMPROVE JUDICIAL DISCIPLINE.
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Freakonomics: A Rogue Economist Explores the Hidden Side of Everything.
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THE CASE FOR A CASEBOOK ON LEGAL WRITING: A REVIEW OF THE CASE FOR EFFECTIVE LEGAL WRITING.(The Case for Effective Legal Writing: Court Opinions, Commentary, and Exercises)
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Introduction to the National Conference.
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Sweeping down the plain: a modern rule for direct review in Oklahoma criminal appeals.
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A SHORT & HAPPY GUIDE TO JUDICIAL CLERKSHIPS DELIVERS, ESPECIALLY THE HAPPY PART.
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WHEN AN APPEAL GOES WRONG: A 'CRIMINAL JUSTICE NIGHTMARE'.
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COVID-19 AND SUPREME COURT ORAL ARGUMENT: THE CURIOUS CASE OF JUSTICE CLARENCE THOMAS.
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Judging federal regulations that preempt state law: the role of the presumption against preemption.
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ONE OF THE GOOD GUYS: THE MAKING OF A JUSTICE - REFLECTIONS ON MY FIRST 94 YEARS.
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Appealing remand orders under the Class Action Fairness Act.
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A snapshot of briefs, opinions, and citations in federal appeals.
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Representing death-sentence appellants.
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Matters in abatement.
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Freestyle lawyering: an expedited appeal in the New York state courts.
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Recusals and the 'problem' of an equally divided Supreme Court.
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A Supreme Court homecoming.
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Prospects and problems associated with technological change in appellate courts: envisioning the appeal of the future.
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Critique and consequences of the Supreme Court's decision in Holmes V. Vornado *.
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The elements of legal style.
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A PORTRAIT OF TRIBAL COURTS: TRIBAL COURT TOOLS AND LEVERS TO ENSURE PROCEDURAL FAIRNESS FOR SELF-REPRESENTED LITIGANTS.(ARTICLES)
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Foreword.
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ALWD GUIDE TO LEGAL CITATION.
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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 judges as gatekeepers? An investigation of threshold decisions in the federal courts of appeals.
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Seeking best practices among intermediate courts of appeal: a nascent journey.
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The special section.
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The Journal of Appellate Practice and Process: symposium discussion.
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Appellate remedy: the ancient precedents of a modern right.
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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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The statute, the Constitution, the caselaw, and the appellate lawyer as sleuth.
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Horse-and-buggy dockets in the internet age, and the travails of a courthouse reporter.
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WITHER ORAL ARGUMENT? THE AMERICAN ACADEMY OF APPELLATE LAWYERS SAYS LET'S RESURRECT IT!
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OF CASES AND CONTROVERSIES ONCE MORE.(Qualified Immunity Reform)
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Preface: bringing light to the halls of shadow.
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LEGAL WRITING: A JUDGE'S PERSPECTIVE ON THE SCIENCE AND RHETORIC OF THE WRITTEN WORD.
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All copying is not created equal: borrowed language in Supreme Court opinions.
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The oral judgment practice in the Canadian appellate courts.
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Advocacy from the human perspective: advice for young appellate lawyers.
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THE EVOLUTION OF THE SUPREME COURT'S SECOND AMENDMENT JURISPRUDENCE.
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FOREWORD.
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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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Overturning the last stone: the final step in returning precedential status to all opinions.
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Copy-paste precedent.
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Appellate review of unpreserved questions in criminal cases: an attempt to define the 'interest of justice'.
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American State Appellate Court technology diffusion.
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On the Internet, nobody knows you're a judge: appellate courts' use of Internet materials.
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OKLAHOMA v. CASTRO-HUERTA-REBALANCING FEDERAL-STATE-TRIBAL POWER.(Appellate Issues in and Around Indian Country)
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RUTH BADER GINSBURG.(IN MEMORIAM)
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The politics of Bush v. Gore.
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A mechanism for "statutory housekeeping": appellate courts working with Congress.
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An argument for reviving the actual futility exception to the Supreme Court's procedural default doctrine.
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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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The founders, or the Journal's early years and what they meant to me.
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Transitioning.
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Judge, scholar, and friend.
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SHOT SELECTION.
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Whittling: drafting concise and effective appellate briefs.
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IT'S 3 A.M.: DO YOU KNOW WHAT YOUR STAFF JUST POSTED? SOCIAL MEDIA ETHICS PITFALLS FOR APPELLATE LAWYERS AND JUDGES.
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SLUMPING: THE EIGHTH CIRCUIT'S SUPREME COURT BATTING AVERAGE IN FEDERAL-SENTENCING CASES.
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Reflections on appellate courts: an appellate advocate's thoughts for judges.
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Felons, firearms, and federalism: reconsidering Scarborough in light of Lopez.
