Journal of Appellate Practice and Process articles from March 2005

Journal of Appellate Practice and Process archives from March 2005

Selecting the supremes: the appointment of judges to the Supreme Court of Canada.
March 22, 2005... I. INTRODUCTION The classic problem in political theory and institutional design is the simple question, "Who shall guard the guardians?" Especially when judicial power is an increasingly visible dimension of legitimate political...

Don't shoot the Canons: maintaining the appearance of propriety standard.(Canons of Judicial ethics)
March 22, 2005... Judges, especially appellate judges who usually bask in anonymity, are very much in the news these days. The topic du jour is recusal. No court or judge enjoys a safe harbor from publicity in this arena. Whether it is the United States Supreme...

Recusal on appeal: an appellate advocate's perspective.
March 22, 2005... I. INTRODUCTION My clients all share an overriding concern--to win on appeal. Only rarely in my fifteen years of appellate practice, however, has a client expressed concern over whether grounds exist to disqualify a judge assigned to hear...

Recusals and the "problem" of an equally divided Supreme Court.
March 22, 2005... INTRODUCTION For over five decades now we political scientists have been systematically studying the United States Supreme Court. We have examined how the justices attain their seats, (1) what factors explain the Court's decision to grant...

All mixed up about mixed questions.(law and fact)
March 22, 2005... I. INTRODUCTION "Elusive abominations." (1) Among the countless opinions that wrestle with so-called "mixed questions of law and fact," one from the Court of Claims best summed up the problem with these two words. The Ninth Circuit was...

A judicial secretary's many roles: working with an appellate judge and clerks.
March 22, 2005... I. INTRODUCTION A judge's chambers has been said to "consist of loosely organized relationships between judges and their staff and among the members of the staff." (1) Despite its "bureaucratization, a result in part of increasing numbers...

More judicial outreach: "Justice on Wheels" from the Supreme Court of Wisconsin.
March 22, 2005... The judicial branch has long been the least seen, and consequently the least understood, of the three branches of government. Outside of television, movies, and novels, most people have no idea what really goes on in a trial court, let alone an...

A lecture on appellate advocacy.
March 22, 2005... Well, Brethren and Sistren, I find myself in a completely impossible position: The Bar Association has made it clear that beginning at eight o'clock I cannot possibly talk beyond sixty minutes. And the Law School has made it clear that...