Journal of Appellate Practice and Process articles from September 2005

Journal of Appellate Practice and Process archives from September 2005

The best oral argument I (n)ever made.
September 22, 2005... Back in my days as a litigator, I often faced the same pre-argument dilemma: Do I invite my family or not? Plainly I would want them all there at the conclusion of a flawless performance, but what if things didn't go so well? What if I was...

What appellate judges do.
September 22, 2005... INTRODUCTION: THE PAST AS PROLOGUE As we all know, partisan battles have been raging in the United States Senate over the confirmation of President Bush's nominees to various circuits of the United States Courts of Appeals and the Supreme...

Go East, young lawyers: the Stanford Law School Supreme Court Litigation Clinic.
September 22, 2005... INTRODUCTION Seventy-five years after its first publication, Karl Llewellyn's The Bramble Bush (1) remains the best advice ever given to law students. In his series of lectures to incoming students at Columbia Law School given in 1929 and...

Dress rehearsal: The Moot Court Program at Georgetown Law Center's Supreme Court Institute.
September 22, 2005... I. INTRODUCTION Arguing before the Supreme Court "is like the Indy 500--You are going flat-out from the moment the Chief Justice says 'Go.'" (1) The last time he argued before the Court, in Richardson v. McKnight, (2) David Vladeck says,...

Avoiding missteps in the Supreme Court: a guide to resources for counsel.
September 22, 2005... I. INTRODUCTION An argument in the Supreme Court is an extraordinary thing. That is literally so for most lawyers: With the Court granting review in only eighty or so cases a year, a Supreme Court argument is likely to be a...

American State Appellate Court technology diffusion.
September 22, 2005... I. OVERVIEW This Article highlights essential aspects of the past and current adoption of key technologies by state appellate courts and suggests what further developments lie ahead. This stock-taking effort provides three basic...

Finality versus consistency: does investor-state arbitration need an appellate system?
September 22, 2005... I. INTRODUCTION Investor-state arbitration is so new that the vast majority of claims and decisions in this area have only occurred in the last six or seven years, and many areas of the law and procedure remain to be developed. The...

Incivility and unprofessionalism on appeal: impugning the integrity of judges.
September 22, 2005... In general, the ethical duties of appellate lawyers are no different from those of trial lawyers. Yet the specialized nature of appellate practice and procedure produces a relatively small number of recurring issues. (1) One of the more...

Pre-argument settlement at the Michigan Court of Appeals: a secret too well kept.
September 22, 2005... I. INTRODUCTION Unbeknownst to many practitioners, the Michigan Court of Appeals, like several other state and federal appellate courts, uses facilitative mediation to resolve or simplify issues on appeal. The use of meditation at the...

What's the difference? Comparing the advocacy preferences of state and federal appellate judges.
September 22, 2005... I. INTRODUCTION Over the past several years, I have investigated the attitudes of appellate judges regarding various components of lawyers' advocacy on appeal. This article reports on the current results of my survey, which consisted of...