Journal of Appellate Practice and Process articles from September 22 2001

Journal of Appellate Practice and Process archives from September 22 2001

Coping with disaster.(effect of World Trade Center attack on New York City courts)
September 22, 2001... Months ago, when I was first invited to speak at this luncheon, I expected to welcome you warmly to this great city--my home city--and to talk about some aspect of appellate practice. Maybe the changing nature of our dockets, or expediting...

The politics of Bush v. Gore.
September 22, 2001... In the mid-1970s, a movement known as Critical Legal Studies ("the Crits") burst onto the law school scene. The Crits were leftist law professors disillusioned by the demise of the Warren Court. Impatient for further progressive judicial...

Toward a community of professionalism.(judges and lawyers)
September 22, 2001... I. INTRODUCTION Many judges and lawyers in the United States believe there has been a serious decline of professionalism in the conduct of litigation. And the professionalism they have in mind does not reflect academic debates on that...

The office of Solicitor General.(include list of US Solicitors General since 1870)
September 22, 2001... PREFACE If any legal position warrants the appellation, "the appellate lawyer's lawyer," it is that of Solicitor General. Seth Waxman, himself a former Solicitor General, has pointed out that "the office of the Solicitor General of the...

When the President says "no": a few thoughts on executive power and the tradition of Solicitor General independence.
September 22, 2001... INTRODUCTION Although the Solicitor General is appointed by the President and serves under the Attorney General, he has gradually come to enjoy a tradition of independence in carrying out his official responsibilities. He is only rarely...

In the shadow of Daniel Webster: arguing appeals in the twenty-first century.(reflections of former Solicitor General)
September 22, 2001... It is natural--I suppose it is expected--for every Solicitor General to hold forth at some point during his tenure with pearls of wisdom on the Twelve Secrets, or Ten Commandments, or Five Essential Rules of effective oral advocacy. I have...

The evolving role of the state solicitor: toward the federal model?(solicitors general)
September 22, 2001... I. INTRODUCTION Appointing a state solicitor (1) enables an attorney general to turn for appellate advice to a specialist, who, like the Solicitor General of the United States, is "responsible both for determining what position the [state]...

Tribute to the Honorable Rex E. Lee Solicitor General of the United States 1981-85.
September 22, 2001... Rex E. Lee held a variety of jobs in his thirty-year legal career, and through them established himself as a skilled appellate litigator and a respected legal educator. Rex Lee received his J.D. from the University of Chicago Law School in...

Appeals in the ad hoc International Criminal Tribunals: structure, procedure, and recent cases.
September 22, 2001... INTRODUCTION Two international criminal tribunals are developing and remaking much of international humanitarian law--the law of genocide, crimes against humanity, and war crimes. These are the International Criminal Tribunal for the...

An update on the Ninth Circuit debate.(efforts to divide federal circuit court)
September 22, 2001... I. INTRODUCTION Several years ago, I evaluated in The Journal (1) the final report and recommendations of the Commission on Structural Alternatives for the Federal Courts of Appeals. (2) I assessed in that article both the report itself...

Felons, firearms, and federalism: reconsidering Scarborough in light of Lopez.(Congressional power to outlaw possession of firearms by felons)
September 22, 2001... I. INTRODUCTION The United States Supreme Court's decision in United States v. Lopez (1) suggested a dramatic shift in the Court's (2) view of the Congressional power to criminalize conduct primarily local in nature. Lopez has contributed...

Writing a better brief: the civil appeals style manual of the Office of the Maryland Attorney General.
September 22, 2001... I. INTRODUCTION Five years ago, the Office of the Attorney General of Maryland held its first Civil Appellate Brief Writing Program. This program was part of a concerted effort to improve the level of written appellate advocacy in the...

Classical citation.(legal citation in light of Aristotle's rules for effective advocacy)
September 22, 2001... I. INTRODUCTION Legal citation provides the foundation for a legal argument and helps form the overall "look and feel" of the brief containing that argument. (1) This article suggests that writers can improve their use of the specialized...