Journal of Appellate Practice and Process articles from March 2002

Journal of Appellate Practice and Process archives from March 2002

From Anastasoff to Hart to West's Federal Appendix: the ground shifts under no-citation rules.
March 22, 2002... I. INTRODUCTION: A FAST-PACED YEAR Last year's mini-symposium on unpublished opinions (1) seems to have unleashed a wave of further developments. The fast-breaking events include these: 1. Judge Richard S. Arnold's opinion for the...

The Supreme Court of Canada: its history, powers and responsibilities.
March 22, 2002... I. INTRODUCTION In September 2000, the Supreme Court of Canada celebrated its 125th anniversary. This occasion provided Canadians, and especially those of us intimately related to the Court, with an opportunity to reflect upon the...

Taking its toll: partisan judging and judicial review.
March 22, 2002... I. INTRODUCTION Most Americans would surely like to believe that the text of the Constitution, the intent of the Founders, the decisions of Marshall and Story, and of Holmes and Cardozo would substantially constrain the discretion of the...

Justice White's principled passion for consistency.(Byron White)
March 22, 2002... The death of Justice Byron White represents another step toward the end of an era that most of us in midlife as attorneys associate with the Presidency of John Kennedy and the Supreme Court of Chief Justice Earl Warren. (1) President Kennedy's...

Appellate review of multi-claim general verdicts: the life and premature death of the Baldwin principle.
March 22, 2002... I. INTRODUCTION Consider the following scenario. A law student slips and falls in a dark hallway after hours. He brings a tort action against the law school alleging that it was negligent because (1) it failed to provide adequate lighting...

Objective analysis of advocacy preferences and prevalent mythologies in one California Appellate Court.(Fourth Appellate District of the California Court of Appeal, Division 1)
March 22, 2002... I. INTRODUCTION Advice about appellate advocacy abounds. (1) How accurately does it teach lawyers the best ways to persuade appellate courts? Since 1985, we have supported an appellate practice seminar sponsored every three years by...

Appellate mediation in New Mexico: an evaluation.
March 22, 2002... I. INTRODUCTION This article reports on the recently completed independent evaluation of the New Mexico Court of Appeals' mediation program. The Court began a mandatory mediation program in September 1998. A previous article in The Journal...

New Hampshire's three-judge expedited docket.
March 22, 2002... I. INTRODUCTION Today's appellate courts are being called upon to carry out their responsibilities with fewer and fewer resources. To attack their backlogs and still maintain the quality of published decisions, courts have adopted...

The expedited appeals process for the District of Columbia Court of Appeals.
March 22, 2002... This Article describes the expedited appeals process for the District of Columbia Court of Appeals. To put the expedited process in context, Part I provides background information on the jurisdiction and structure of the court, and Part II...

Expedited appeals in Indiana: too little, too late.
March 22, 2002... By court rule, the Indiana Supreme Court requires that Indiana's appellate courts give "expedited consideration" to interlocutory appeals and to appeals involving children on issues such as custody, support, visitation, adoption, and the...

Expedited appeals in Kentucky.
March 22, 2002... I. INTRODUCTION In 1985, the Kentucky Court of Appeals was struggling with a backlog of an estimated 1,000 appeals. In response, the Kentucky Supreme Court established the expedited appeals process. (1) The overall goals of this new...

Possible, but not likely: expedited appeals in Massachusetts.
March 22, 2002... I. INTRODUCTION For all practical purposes, Massachusetts does not have an explicit procedure for expediting the appellate process. Although the state's rules of procedure allow either the Massachusetts Supreme Judicial Court (1) or the...

Freestyle lawyering: an expedited appeal in the New York state courts.
March 22, 2002... I. INTRODUCTION New York's appellate courts normally hear cases on a first come, first served basis. Occasionally, however, when a party can show "urgency or good cause," (1) a court will expedite the appeal process by granting a calendar...

"Can we go home now?": expediting adoption and termination of parental rights appeals in Ohio state courts.
March 22, 2002... I. INTRODUCTION Two years ago, the Ohio Supreme Court amended its rules and those of Ohio's intermediate appellate courts in order to fast-track appeals of cases involving termination of parental rights ("TPR") and adoption of minor...

To expediency and beyond: Vermont's Rocket Docket.(appellate courts)
March 22, 2002... I. BACKGROUND For decades appellate courts across the country have struggled to stay on top of ever-expanding caseloads. As Thomas Marvell observed, "[t]he appellate caseload explosion and the resulting pressures on the courts are hard to...

Appellate procedure in West Virginia: why Rule 4A's expedited petition process isn't attractive to attorneys.
March 22, 2002... West Virginia is unusual in that it has no intermediate appellate court; (1) petitions for appeal of circuit court decisions go directly to the state's highest court, the West Virginia Supreme Court of Appeals. Appellate review in the supreme...

Confidential chat on the craft of briefing.
March 22, 2002... This chat on the craft of briefing is intended solely for discreet lawyers who invariably respect confidences. It was prepared for publication only after repeated assurances by the editors that judges never read law reviews. Whether this is...