Journal of Appellate Practice and Process

Articles from Vol. 10, No. 1, Spring

An Annotated Bibliography on Federal Appellate Practice and Procedure
The materials in this bibliography are arranged by: treatises; textbooks; studies and books; manuals; symposia; and articles and annotations. The articles and annotations are grouped topically. Works are listed alphabetically by author. Especially...
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Creating a Journal: Two Perspectives
PERSPECTIVE ONE: THE MEDIUM "I think we could start an appellate journal. A faculty-edited journal. No one else is doing anything like that." Tom Sullivan made the pitch to then-dean-candidate Rod Smith in an informal meeting in the faculty lounge...
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Foreword
Everything in this issue is in some way connected to The Journal's past. The first two essays, one by Professors Barger and Gustafson, who are still with The Journal, and one by Dean Smith, who is now president of Southern Virginia University, both...
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Overturning the Last Stone: The Final Step in Returning Precedential Status to All Opinions
I. BACKGROUND "When over 500 of the best judges, lawyers, and law professors in America get into a fight over a proposed rule, no stone will be left unturned, and no argument will be left unmade." (1) Yet in the adoption of the new Federal Rule...
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The Founders, or the Journal's Early Years and What They Meant to Me
Being asked to write a short essay regarding the founding and early years of The Journal of Appellate Practice and Process is a little like being asked to attend a reunion with dear friends. The mere thought of such an event or assignment brings back...
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The Law Reviews: Do Their Paths of Glory Lead but to the Grave?
I. INTRODUCTION Critics of the law review product are legion. The classic statement is from 1936 by Fred Rodell: "There are two things wrong with almost all legal writing. One is its style. The other is its content." (1) The standard law review...
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"We're Your Government and We're Here to Help": Obtaining Amicus Support from the Federal Government in Supreme Court Cases
Litigating in the United States Supreme Court can be an exciting, yet intimidating, experience. The rarity with which such cases arise, combined with the intellectual challenge of briefing and arguing issues of great significance to the law before...
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