Journal of Appellate Practice and Process

Articles from Vol. 13, No. 2, Fall

Cardozo at 100
The shelf life of judicial reputation is short. How many judges from a hundred years ago can most lawyers recall, except perhaps as a name? My subject, Benjamin Cardozo, is the exception. The year 2013, when this essay went to press, marks a hundred...
Copy-Paste Precedent
I. INTRODUCTION Precedential opinions are written to be cited, quoted, and followed. This essay identifies another kind of "precedent": unpublished opinions that are followed without being either cited or quoted. These decisions shape the course...
Gazing into the Future: The 100-Year Legacy of Justice William J. Brennan
How should Justice William J. Brennan, Jr., be remembered in 2056, one hundred years after he joined the United States Supreme Court, or in 2090, one hundred years after he left it? There is no set convention for how we evaluate the success or failure,...
Is Link Rot Destroying Stare Decisis as We Know It? the Internet-Citation Practice of the Texas Appellate Courts
I. INTRODUCTION In 1995 the first Internet-based citation was used in a federal court opinion. (1) In 1996, a state appellate court followed suit; (2) one month later, a member of the United States Supreme Court cited to the Internet; (3) finally,...
The Legacy of Louis D. Brandeis
Few men in American history have had greater impact on so many different areas of our life than did Louis Dembitz Brandeis (1856-1941). He was a successful and innovative lawyer at a time when the practice of law was changing; he took his legal acumen...
This Is Unprecedented: Examining the Impact of Vacated State Appellate Court Opinions
If the Court considers the language or legal analysis ... in [a] vacated ... opinion, regardless of how well reasoned that decision or language may be, any decision rendered is subject to challenge or criticism on the grounds that it was based in part...
Trial-Court Discretion: Its Exercise by Trial Courts and Its Review by Appellate Courts
I. SCOPE OF THE PROBLEM The pervasiveness of this topic is illustrated by Appendix A, (1) a survey of volumes 658 and 659 of the Federal Reporter, Second Series. Statistical data at the conclusion of Appendix A indicate that approximately one-fourth...