Journal of Appellate Practice and Process

Articles from Vol. 11, No. 1, Spring

Changing Fashions in Advocacy: 100 Years of Brief-Writing Advice
I. INTRODUCTION American appellate practice is accomplished mainly through the written word, and there seems to be a modern consensus about what constitutes a good appellate brief. Books, articles, and continuing legal education materials tell the...
Gubernatorial Removal and State Supreme Courts
I. INTRODUCTION Recent events in Illinois have drawn attention to a question that had lain relatively dormant for several decades: For what cause other than an impeachable offense may a governor be removed, and by whom? Ratification of the Twenty-Fifth...
How Courts Use Wikipedia
I. INTRODUCTION The research for the present article began innocently enough when a law student approached the reference desk and asked, "Can I cite Wikipedia in my moot court brief?" This author replied, confidently and authoritatively, "Of course...
Local Rules in the Wake of Federal Rule of Appellate Procedure 32.1
I. INTRODUCTION Any significant change in the Federal Rules of Appellate Procedure is likely to have a ripple effect throughout the local roles of the federal courts of appeals. This is especially true of a role as fundamentally important and widely...
Matters in Abatement
I. INTRODUCTION Section 2105 of the Judicial Code, which forbids appellate review of non-jurisdictional matters in abatement, is perhaps the most commonly ignored limitation on federal jurisdiction. (1) Certainly it is one of the most puzzling....
State Supreme Court Opinions as Law Development
I. KEY ROLES OF APPELLATE COURTS The controversy over Justice Sotomayor's statement that the "Court of Appeals is where policy is made" illustrates that there is still confusion over the role of appellate courts. (1) That confusion is exacerbated...
The Language of Supreme Court Briefs: A Large-Scale Quantitative Investigation
I. BACKGROUND AND INTRODUCTION In 2003, we initiated a long-term project to investigate empirically the language used in United States Supreme Court briefs. (1) The exploratory stage was open-ended, largely without any particular results initially...
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