The Journal of Appellate Practice and Process recently released a new Issue. The issue begins with a tribute to Justice David Souter by Chief Judge David J. Barron and Senior Circuit Judge Jeffrey R. Howard. That moving tribute is
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The Appellate Advocacy Blog, published by the Law Professor Blogs Network, focuses on issues related to appellate practice and constitutional law. It covers topics such as procedural fairness in appellate courts, the evaluation of pretext and neutrality in government actions, interpretive methods like originalism, and the legitimacy of judicial decision-making. The blog also provides updates on recent appellate court cases, including U.S. Supreme Court arguments and decisions, with attention to First Amendment rights, due process, and the role of appellate courts in reviewing institutional procedures. It serves as a resource for appellate practitioners, scholars, and students interested in appellate litigation strategies and constitutional interpretation.
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The Power of a Theme: Making Your Case Memorable
Ask a juror what they remember months after trial, and chances are they’ll recite the theme—not the jury charge.At the core of every persuasive brief, oral argument, or trial lies a theme—the beating heart of your case that distills law…
Appellate Advocacy Blog Weekly Roundup – Friday, August 22, 2025
Checking Out State Constitutions
To respond to judicial retrenchment on the Supreme Court, Justice William Brennan wrote a dissent in which he reminded lawyers that “no State is precluded by the decision from adhering to higher standards under state law.”[1] He later expanded…
How to Write Badly: A Field Guide for the Aspiring Trainwreck
By Someone Who Has Definitely Never Done Any of These Things*Appellate judges will tell you they like “clear,” “concise,” and “persuasive” writing. But let’s be honest—those are just the official rules. If you want your brief to stand out in…
Free Resources for Fall: Open-Source Text Legal Argumentation: Reasoning & Writing About the Law, Open-Source CaseStrainer Case Checker, and Complimentary Student Gemini GAI Access
As summer starts to fade away, albeit with plenty of heat in most of the U.S., I was looking for some happy news to start fall. I am a co-author and co-editor of a new open-source Legal Reasoning text, and…
Is It Precedent?
Precedent provides the fuel for both appellate advocacy and legal education. Just as students learn the law by reading cases, appellate lawyers seek favorable rulings by citing precedent that supports their positions. Courts generally must follow controlling precedent. Thus, if…
The Quiet Collapse: Free Speech, Fear, and the Future of Higher Education
In today’s universities, it’s often not the diversity of ideas that reigns—it’s the comfort of consensus. And the casualties aren’t just professors. They’re students—the very people we’re here to serve.The First Amendment isn’t a luxury—it’s the foundation of every meaningful…
Bad Facts Make Bad Law, and that Includes Bad Vehicles
When seeking discretionary review in the highest courts of a state or the nation, one question petitioners must address is whether the case provides a good vehicle to address the question presented. If the facts as decided below remain in…
Tips for New Counsel Are Great for Experienced Attorneys Too
I hope you are all enjoying summer. Among many recent emails concerning the new Bluebook—renewing my hope for a time when we all just use the open source Indigo Book, https://law.resource.org/pub/us/code/blue/IndigoBook.html–I saw a post from the ABA on preparing…