Journal of Appellate Practice and Process

Articles from Vol. 4, No. 1, Spring

Appellate Mediation in New Mexico: An Evaluation
I. INTRODUCTION This article reports on the recently completed independent evaluation of the New Mexico Court of Appeals' mediation program. The Court began a mandatory mediation program in September 1998. A previous article in The Journal of Appellate...
Appellate Procedure in West Virginia: Why Rule 4a's Expedited Petition Process Isn't Attractive to Attorneys
West Virginia is unusual in that it has no intermediate appellate court; (1) petitions for appeal of circuit court decisions go directly to the state's highest court, the West Virginia Supreme Court of Appeals. Appellate review in the supreme court...
Appellate Review of Multi-Claim General Verdicts: The Life and Premature Death of the Baldwin Principle
I. INTRODUCTION Consider the following scenario. A law student slips and falls in a dark hallway after hours. He brings a tort action against the law school alleging that it was negligent because (1) it failed to provide adequate lighting in the...
"Can We Go Home Now?": Expediting Adoption and Termination of Parental Rights Appeals in Ohio State Courts
I. INTRODUCTION Two years ago, the Ohio Supreme Court amended its rules and those of Ohio's intermediate appellate courts in order to fast-track appeals of cases involving termination of parental rights ("TPR") and adoption of minor children. (1)...
Confidential Chat on the Craft of Briefing
This chat on the craft of briefing is intended solely for discreet lawyers who invariably respect confidences. It was prepared for publication only after repeated assurances by the editors that judges never read law reviews. Whether this is good or...
Expedited Appeals in Indiana: Too Little, Too Late
By court rule, the Indiana Supreme Court requires that Indiana's appellate courts give "expedited consideration" to interlocutory appeals and to appeals involving children on issues such as custody, support, visitation, adoption, and the termination...
Expedited Appeals in Kentucky
I. INTRODUCTION In 1985, the Kentucky Court of Appeals was struggling with a backlog of an estimated 1,000 appeals. In response, the Kentucky Supreme Court established the expedited appeals process. (1) The overall goals of this new process were:...
Freestyle Lawyering: An Expedited Appeal in the New York State Courts
I. INTRODUCTION New York's appellate courts normally hear cases on a first come, first served basis. Occasionally, however, when a party can show "urgency or good cause," (1) a court will expedite the appeal process by granting a calendar preference...
From Anastasoff to Hart to West's Federal Appendix: The Ground Shifts under No-Citation Rules
I. INTRODUCTION: A FAST-PACED YEAR Last year's mini-symposium on unpublished opinions (1) seems to have unleashed a wave of further developments. The fast-breaking events include these: 1. Judge Richard S. Arnold's opinion for the Eighth Circuit...
Justice White's Principled Passion for Consistency
The death of Justice Byron White represents another step toward the end of an era that most of us in midlife as attorneys associate with the Presidency of John Kennedy and the Supreme Court of Chief Justice Earl Warren. (1) President Kennedy's appointment...
New Hampshire's Three-Judge Expedited Docket
I. INTRODUCTION Today's appellate courts are being called upon to carry out their responsibilities with fewer and fewer resources. To attack their backlogs and still maintain the quality of published decisions, courts have adopted expedited dockets...
Objective Analysis of Advocacy Preferences and Prevalent Mythologies in One California Appellate Court
I. INTRODUCTION Advice about appellate advocacy abounds. (1) How accurately does it teach lawyers the best ways to persuade appellate courts? Since 1985, we have supported an appellate practice seminar sponsored every three years by Division...
Possible, but Not Likely: Expedited Appeals in Massachusetts
I. INTRODUCTION For all practical purposes, Massachusetts does not have an explicit procedure for expediting the appellate process. Although the state's rules of procedure allow either the Massachusetts Supreme Judicial Court (1) or the Massachusetts...
Taking Its Toll: Partisan Judging and Judicial Review
I. INTRODUCTION Most Americans would surely like to believe that the text of the Constitution, the intent of the Founders, the decisions of Marshall and Story, and of Holmes and Cardozo would substantially constrain the discretion of the modern...
The Expedited Appeals Process for the District of Columbia Court of Appeals
This Article describes the expedited appeals process for the District of Columbia Court of Appeals. To put the expedited process in context, Part I provides background information on the jurisdiction and structure of the court, and Part II describes...
The Supreme Court of Canada: Its History, Powers and Responsibilities
I. INTRODUCTION In September 2000, the Supreme Court of Canada celebrated its 125th anniversary. This occasion provided Canadians, and especially those of us intimately related to the Court, with an opportunity to reflect upon the development of...
To Expediency and Beyond: Vermont's Rocket Docket
I. BACKGROUND For decades appellate courts across the country have struggled to stay on top of ever-expanding caseloads. As Thomas Marvell observed, "[t]he appellate caseload explosion and the resulting pressures on the courts are hard to exaggerate....