The Journal of Appellate Practice and Process is a must-read for appellate advocates and judges. The latest issue is no exception. It begins with an article by Professor Michael J. Hasday titled Accuracy and the Robot Judge. This article explores
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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“My Bad,” but “Too Bad”?
I began writing this post Friday evening intending to discuss obligations of an attorney as an officer of the court and its intersection with the presidential attack on law firms. I toyed as well with explaining why an executive order…
“My Bad,” but “Too Bad”?
I began writing this post Friday evening intending to discuss obligations of an attorney as an officer of the court and its intersection with the presidential attack on law firms. I toyed as well with explaining why an executive order…
Beyond the Argument: Lessons in Advocacy from Tamara Bean, an Undergraduate Student at Georgia College and State University
This article was written by Tamara Bean, an undergraduate student at Georgia College and State University who is a member of the mock trial team and founder of Phi Alpha Delta, Georgia College’s Pre-Law Fraternity. Tamara will begin law school…
Appellate Briefs-One Judge’s View of the Good, the Bad, and the Ugly
I am honored to join the “The Appellate Advocacy Blog” as a regular contributor, and I look forward to sharing my views from both sides of the bench.The most frequent question I am asked by law students and practitioners is…
Welcome Retired Judge Mary Jane Trapp to the Blog
I’m pleased to share that Retired Judge Mary Jane Trapp has agreed to join the Blog as a contributor. Judge Trapp served on Ohio’s Eleventh District Court of Appeals for twelve years. She also sat as a visiting judge on…
Seeking the “Hail Mary” from Oral Argument by Taking a Maximalist Position
Appellate counsel may face situations where no reasonable answer exists to questions judges ask at oral argument. The problem might stem from bedrock adverse precedent. The dilemma could flow from a position taken by trial counsel that boxes in the…
Mastering Persuasive Advocacy: Essential Skills for Law Students and Lawyers
Developing strong persuasive advocacy skills—both written and oral—is a challenging process that requires dedication, resilience, a growth mindset, and a commitment to lifelong learning. Law students begin honing these skills early, navigating the complexities of trial and appellate advocacy through…
Drafting Persuasive Facts
Everything we write in appellate briefs provides an opportunity to persuade, from the table of contents through the argument. But persuading through facts can be challenging, given the “frequent admonition that the statement of facts is not a vehicle for…
It Takes Four Votes, But Count to Five
Just as rubbernecking at the scene of a car crash is difficult to ignore, appellate advocates find it difficult to ignore the path from the trial courts to the Supreme Court for the various challenges to the new administration’s claims…