Journal of Appellate Practice and Process articles from September 2004

Journal of Appellate Practice and Process archives from September 2004

My first appellate argument: it can only get better.
September 22, 2004... The engaging series of articles on first arguments in the United States Supreme Court, in a recent issue of this Journal, reminded me of my first appellate argument--a story, that might amuse some readers. On January 11, 1961, I was...

Ineffective assistance of counsel in parental-rights termination cases: the challenge for appellate courts.
September 22, 2004... I. INTRODUCTION Appellate courts are increasingly presented with claims of ineffective assistance of counsel in proceedings that involve the termination of parental rights. These claims grow out of the burgeoning number of parental-rights...

Getting to know us: judicial outreach in Oregon.
September 22, 2004... I. THE CASE FOR OUTREACH With a combined twenty-seven years of experience in state appellate courts, we have come to realize there is a bit of truth to the idea that appellate judges live in ivory towers. Our isolation is a result, at...

The law of unintended consequences: Supreme Court jurisdiction over interlocutory class certification rulings.
September 22, 2004... In recent decades the number of class actions filed in federal court has increased dramatically. (1) In many such cases, a ruling on the propriety of class certification effectively determines the outcome of the litigation. A denial of...

The illusion of devil's advocacy: how the Justices of the Supreme Court foreshadow their decisions during oral argument.
September 22, 2004... INTRODUCTION The common perception about oral arguments in the United States Supreme Court is that they are colorful, entertaining, and for the lawyer who happens to be arguing at that moment, overwhelmingly nerve-racking. (1) But many...

Minnesota's pro bono appellate program: a simple approach that achieves important objectives.
September 22, 2004... The proliferation of pro se litigation strains both the resources and the operation of the nation's state and federal judicial systems. At the same time, the increasing number of unrepresented litigants offers a wealth of opportunities for...

Common knowledge about appellate briefs: true or false?
September 22, 2004... I. INTRODUCTION We receive advice on an endless number of topics from a wide-range of sources throughout our lives and our careers: our parents, siblings, and other relatives when we are young, professors and tutors in college, and...

Federal and state court rules governing publication and citation of opinions: an updated.
September 22, 2004... INTRODUCTION The debate over citation of unpublished opinions continues. Some jurisdictions have become more permissive, some have clearly rejected citation of unpublished decisions, and some are still considering the issue. The First...