Appellate Practice references
The Appellate practice section also considers ways in which the appellate legal system can be improved, and suggests statutory and rules changes to the Association for recommendation to the courts and the legislature.
State Bars offers representation and services to both civil and criminal attorneys who practice before state and federal appellate courts. The need for this section arose from the developing recognition that appellate advocacy is a distinct practice area that involves a unique set of skills.
Appellate practice is governed by independent sets of procedural rules that are very different than those that apply to trial practice. Moreover, the approach to written and oral advocacy in the appellate context differs significantly from that generally employed in the trial context.
Appellate Practice Curriculum Guide – University of Wisconsin Law School.
- Ave Atque Valeby Nancy Bellhouse May on February 28, 2021 at 11:45 pm
- Behind the Velvet Curtain: Understanding Supreme Court Conference Discussions Through Justices' Personal Conference Notesby Ryan C. Black et al. on February 28, 2021 at 8:40 pm
- Book Smartby Nancy Bellhouse May on February 28, 2021 at 8:40 pm
- Citation Stickinessby Kevin Bennardo et al. on February 28, 2021 at 9:50 pm
This Article is an empirical study of what we call citation stickiness. A citation is sticky if it appears in one of the parties' briefs and then again in the court's opinion. Imagine that the parties use their briefs to toss citations in the court's direction. Some of those citations stick and appear in the opinion—these are the sticky citations. Some of those citations don't stick and go unmentioned by the court—these are the unsticky ones. Finally, some sources were never mentioned by the parties yet appear in the court's opinion. These authorities are endogenous—they spring from the court itself. In a perfect adversarial world, the percentage of sticky citations in courts' opinions would be something approaching 100%. The parties would discuss the relevant authorities in their briefs, and the court would rely on the same authorities in its decisionmaking. Spoiler alert: our adversarial world is imperfect. Endogenous citations abound in judicial opinions and parties’ briefs are brimming with unsticky citations. So we crunched the numbers. We analyzed 325 cases decided by the federal courts of appeals. Of the 7552 cited cases in those opinions, more than half were never mentioned in the parties' briefs. But there's more—in the article, you’ll learn how many of the 23,479 cited cases in the parties' briefs were sticky and how many were unsticky. You’ll see the stickiness data sliced and diced in numerous ways: by circuit, by case topic, by an assortment of characteristics of the authoring judge. Read on!
- May It Please the Court–Or Not: Appellate Judges' Preferences and Pet Peeves About Oral Argumentby Margaret D. McGaughey on February 28, 2021 at 11:45 pm
- One of the Good Guys: The Making of a Justice–Reflections On My First 94 Yearsby Jamal Greene on February 28, 2021 at 11:45 pm
- Pothole Laws, Appellate Courts, and Judicial Driftby Kenneth L. Gartner on February 28, 2021 at 8:40 pm
This article begins by describing the structure of the appellate system in New York state, introducing the features of the typical New York pothole law, and summarizing the New York cases that set the substantive and procedural background for a discussion and analysis of judicial drift.
- Reflections on the Church/State Puzzleby Kermit V. Lipez on February 28, 2021 at 9:50 pm
- Shot Selectionby Patrick J. Barry on February 28, 2021 at 8:40 pm
- The Art of the Effective Replyby Peter M. Mansfield on February 28, 2021 at 8:41 pm