It is with profound sadness that I share that Judge Mary Jane Trapp passed away unexpectedly on April 24, 2025. Judge Trapp had recently begun contributing to the blog. You can read her posts here and hereHer death is
Appellate Advocacy Blog
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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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Reading Tea Leaves
A listener could not help but be fascinated by the Supreme Court argument May 15 over nationwide injunctions considered against the backdrop of birthright citizenship. The substantive question of birthright citizenship was not presented; only the validity of nationwide…
Can AI Help with Citations?
Like all law professors this time of year, I’m in the throes of grading and wishing there was a quick and easy way to reach the finish line. Year after year, my colleagues and I have lamented the fact that…
Going to Law School? Read This First.
Yesterday, I attended Georgia College and State University’s graduation ceremony and watched with pride as several former students crossed the stage. Many of them will be starting law school in just a few months, and in the conversations that followed,…
Is a Raid on the Wrong House Defensible Before the Supreme Court?
Last week, the Supreme Court heard argument in Martin v. United States, No. 24-362, a case that concerned whether the Federal Tort Claims Act provides a remedy in a case where the FBI raided the wrong home. In the pre-dawn…
Transforming Entitled, Narcissistic, and Immature Law Students into Lawyers
Every professor dreads them: the entitled, narcissistic, and immature law students who treat legal education like a customer service complaint line. They’re easy to spot, often uttering statements like:
- “I’m so upset that I got a B and need an
…
“Appellate Briefs-One Judge’s View of the Good, the Bad, and the Ugly-Part Two”
Last month’s post examined the “pet peeves” most frequently cited by my colleagues, mentors, and judicial attorney staff. I promised to provide positive tips in the second installment of “Appellate Briefs-One Judge’s View of the Good, the Bad, and the…
Conquering Courtroom Anxiety: A Guide for Legal Advocates
Anxiety is a common experience for attorneys. Whether you’re preparing for an oral argument, conducting a deposition, or leading a trial, the pressure can be intense—and the fear of underperforming can be debilitating. But anxiety doesn’t have to define your…
Appeals Are Not a Game of 20 Questions
In the past week, I was part of a conversation in which colleagues were discussing potential responses to the opening brief expected from the appellant in a case in Colorado. If this case were in federal court, the notice of…
Nontraditional Approaches to Judicial Opinions
Recently, there have been a few stories in the news about nontraditional approaches to expressing judicial opinions. For example, Judge Lawrence VanDyke of the Ninth Circuit Court of Appeals issued a video dissent via YouTube in the case of Duncan…