Journal of Appellate Practice and Process

Articles from Vol. 14, No. 1, Spring

Retention Redux: Iowa 2012
I. INTRODUCTION On April 3, 2009, the Iowa Supreme Court's seven members ruled unanimously in Varnum v. Brien (1) that the state's statutory ban on same-sex marriage violated the equality clause of the Iowa Constitution. Nineteen months later, three...
Salad, a Glass of Red Wine, and a Discussion about How to Effectively Answer Questions in Appellate Argument
I have always had a special place in my heart for Elrod Pennington, Jr. His father and I grew up together, went to college together, attended law school together, worked together as prosecutors, and were nominated to be trial judges the same day. I...
Sentence Appeals in England: Promoting Consistent Sentencing through Robust Appellate Review
I. INTRODUCTION When the Supreme Court mandated in Booker v. United States (1) that the federal courts of appeals review all criminal sentences for reasonableness in 2005, it opened the way for significant expansion of the appellate role in sentencing....
Tentative Oral Opinions: Improving Oral Argument without Spending a Dime
I. INTRODUCTION This article explores use of the tentative opinion, two types of which were pioneered by California appellate courts. In 1990, the Second Division of California's Fourth District Court of Appeal (which sits in Riverside) began disseminating...
The Con Law Professor with Judicial Appointment Power
Conservative or liberal, we are all constitutionalists. (1) I. INTRODUCTION Constitutional law professors watch the Supreme Court of the United States: It's a key component of the job. But it is unusual to see a former constitutional law professor...
To Lobby or Not to Lobby: That Is an Important Question
As part of the nomination process to be a federal judge, I went to Washington in 1997 for a so-called White House interview (which actually takes place in the Eisenhower Executive Office Building) with lawyers from the President's Office of Legal Counsel...
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