Journal of Appellate Practice and Process articles from March 2006

Journal of Appellate Practice and Process archives from March 2006

Statement on the functions and future of appellate lawyers.
March 22, 2006... INTRODUCTION In this paper, the American Academy of Appellate Lawyers will discuss appellate lawyers as essential constituents in the community of appellate justice. We will first point out the dearth of literature about the effects of...

1955-2004 statistical data regarding federal courts.
March 22, 2006... The Federal Judicial Center FEDERAL COURT DATA, 1955-2004 1. COURTS OF APPEALS MERIT DECISIONS AND CASES RECEIVING PLENARY REVIEW IN SUPREME COURT 2. FILINGS OVERALL AND PER JUDGESHIP IN U.S. DISTRICT COURTS AND REGIONAL COURTS OF...

Statistical data regarding state courts.
March 22, 2006... The National Center for State Courts Appellate Appellate courts, as the final arbiters of disputes, shape and define the law. Appellate courts, whether at the intermediate or highest level, provide review of decisions of lower...

Planning and conduct of the national conference.
March 22, 2006... BACKGROUND In 1975, appellate judges, lawyers, and scholars held a national conference on appellate justice. To mark its thirty-year anniversary and to provide a forum for evaluating the changes that have taken place in the thirty-year...

The old order changes.(appellate process)
March 22, 2006... I join Professor Meador in welcoming you all to this 2005 National Conference on Appellate Justice, a sequel to the 1975 National Conference on Appellate Justice. The original 1975 Conference got good reviews. We have high hopes for the...

Introduction to Justice Breyer's remarks 2005 National Conference on Appellate Justice.
March 22, 2006... Good morning and welcome again to the 2005 Conference on Appellate Justice. To say that a speaker needs no introduction is not to say that none should be given, for it remains worthwhile to note the special link between the speaker and the...

Reflections on the role of appellate courts: a view from the Supreme Court.
March 22, 2006... Not long ago, I sat on a panel with two distinguished law professors who were discussing the jurisprudence of the modern Supreme Court. One of the professors addressed what he labeled the three phases of the Rehnquist Court, describing its...

Freakonomics: A Rogue Economist Explores the Hidden Side of Everything.(Book review)
March 22, 2006... Some of you have read the New York Times bestselling book titled Freakonomics. (1) The authors explain Freakonomics this way: [T]he everyday application of Freakonomics... has to do with thinking sensibly about how people behave in...

No court is an island.
March 22, 2006... Our subject today, "no court is an island," with regard to the federal appellate courts, bespeaks the fundamental truth that governance in the United States is a process of interaction among institutions--legislative, executive, and...

Precedent in the federal courts of appeals: an endangered or invasive species?
March 22, 2006... Our panel's topic is optimizing the law-declaring function, and within its purview is the status of precedent in modern courts of appeal. I take "precedent" to refer to appellate opinions that confront and resolve a perceived gap in the law by...

Demand and supply trends in federal and state courts over the last half century.
March 22, 2006... I have been interested in judicial administration for many years--since long before I was a judge--and I have been a judge for twenty-four years, all on the Seventh Circuit, and so I have experienced what I shall be talking about. I will offer...

The view from the trenches: a report on the breakout sessions at the 2005 National Conference on Appellate Justice.
March 22, 2006... "The past is a foreign country; they do things differently there." (1) Certainly judges and lawyers did many things differently in 1975, the year of the first National Conference on Appellate Justice. They carried out legal research by poring...

Building an appellate system worthy of a great nation.
March 22, 2006... Speeches by Alan Morrison (1) and Paul Carrington (2) during this gathering suggest that, as compared to thirty years ago, the appellate courts of the nation face far fewer problems. Each of us will have to ponder over time whether that is...