Journal of Appellate Practice and Process 2

By Wasby, Stephen L. | Justice System Journal, September 1, 2006 | Go to article overview

Journal of Appellate Practice and Process 2


Wasby, Stephen L., Justice System Journal


Of Note

Special Issue, Journal of Appellate Practice and Process 2, no. 2 (Summer 2000).

This entire issue of this faculty-edited law review, published at the law school at the University of Arkansas at Little Rock, was devoted to matters concerning technology and the courts. Although it was published a half-dozen years ago, the amount of useful material it contains should make it of interest to our readers. A comparison of the articles presented in this Journal of Appellate Practice and Process special issue with those presented in the special issue you are now reading might well be fruitful, as an indication of how rapidly matters have developed in a half-decade, or have not. Because the symposium focuses on the appellate level of the judiciary, it is particularly important, as much attention given to technology in courts centers on technology's use in trial courts.

In discussing the new technology and appellate practice, Philip A. Talmadge ("New Technologies and Appellate Practice," pp. 363-77) makes the important point that while appellate courts perforce make some use of technology, "[m]any appellate courts are doing their work at the dawn of the twenty-first century in a fashion not entirely dissimilar to the way they were doing their work at the dawn of the twentieth" (p. 363). Thus, much of the use of technology that is discussed is early use-certainly "early" compared to more advanced use in some other institutional sectors.

Among the topics covered, by contributors who include appellate judges, law professors and law librarians, and practicing attorneys, either in separate articles or as part of broader treatments, are developments in technology; the effect of technology on appellate practice for lawyers; legal research; electronic filing; CD-ROM briefs; electronic transcripts; and technology's effect on appellate judicial decision making, including appellate review of an electronic record and effects on collegiality within appellate courts. There are general articles and examinations of particular courts, primarily in the United States (Deborah Leonard Parker, "Electronic Filing in North Carolina: Using the Internet Instead of the Interstate," pp. 351-62; Edward Toussaint, "Minnesota Court of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology," pp. 395-403; and Stephen J. McEwen, Jr., "TV or Not TV: The Telecast of Appellate Arguments in Pennsylvania," pp. 405-10), but also in Canada (Roger Philip Kerans and Patrick Keys, "Use of Electronic Appeal Transcripts in the Alberta Court of Appeal," pp. 329-49).

California Court of Appeal judge George Nicholson opened the symposium by discussing technology-induced changes ("A Vision of the Future of Appellate Practice and Process," pp.

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