Persuasive Written And Oral Advocacy In Trial And Appellate Courts

Autore: Michael R. Fontham
Editore: Wolters Kluwer Law & Business
ISBN: 1454828862
Grandezza: 43,38 MB
Formato: PDF, ePub, Mobi
Vista: 7581
Download

While focused on the appellate setting, Persuasive Written and Oral Advocacy is applicable to all legal writing and speaking, and includes practical guidance for advocacy in federal courts, trial courts, and other situations. Students are given a clear and practical guide to legal writing and oral argument, from the selection of a main theme, to the employment of research, language, and speaking skills that achieve a clear, persuasive legal message. Step-by-step, they learn to organize, prepare, and present winning written and oral arguments. Detailed coverage of trial motion practice as well as appellate practice shows how important it is to consider the judge’s time and perspective when preparing an argument. Concrete examples based on a hypothetical case file are liberally spread throughout the text along with extensive advice for editing Sophisticated, realistic litigation problems in the accompanying Case Files help put principles in practice and allow instructors a great deal of flexibility. Technological developments are explored, including electronic filing, video conference oral arguments, and electronic research. The revised Third Edition presents updated and expanded information on electronic filings as well as rule updates, especially local rule issues, and an updated, two-color design. Features: clear and practical guide to legal writing and oral argument the selection of a main message or theme employment of research, language, and speaking skills achieving a clear, persuasive legal message content is applicable to all legal writing and speaking includes practical guidance for advocacy in federal courts, trial courts, and other settings step-by-step guide to organizing, preparing, and presenting winning written and oral arguments detailed coverage of trial motion practice as well as appellate practice emphasizes consideration of the judge's time and perspective when preparing arguments liberal use of concrete examples based on a hypothetical case file, with extensive advice for editing accompanied by Case Files help put in practice the principles advocated throughout the text sophisticated, realistic litigation problems designed to allow instructors flexibility features technological developments--electronic filing, video conference, oral arguments, electronic research sections on harmless error, changes to Rule 32, and the status of unpublished opinions The revised Third Edition presents: updated and expanded information on electronic filings rule updates, especially local rule issues updated, two-color design

Persuasive Written And Oral Advocacy

Autore: Michael R. Fontham
Editore: Aspen Law & Business Publishers
ISBN: 9780735524514
Grandezza: 54,39 MB
Formato: PDF, ePub, Mobi
Vista: 1170
Download


Practicing Persuasive Written And Oral Advocacy

Autore: David W. Miller
Editore: Aspen Publishers
ISBN: 9780735564220
Grandezza: 10,40 MB
Formato: PDF
Vista: 7921
Download

Prepared by the authors of Persuasive Written and Oral Advocacy, Case File IV offers a complete set of court documents to supplement any persuasive legal writing, pre-trial practice, appellate advocacy, or moot court class. The case files are sophisticated, realistic litigation problems, designed to allow users a great deal of flexibility in their courses. It is carefully designed to help students put into practice the principles advocated throughout the aforementioned text, but can also be used to supplement any appellate advocacy book. Case File IV spotlights a variety of great features, including: Pre-trial motions and depositions, trial transcripts, and reaching the judicial opinion A basis for written and oral exercises, one or more memoranda and oral arguments before the district court, and briefs and oral arguments before the court of appeals A central legal issue around which the text is grounded, specifically the constitutionality of a state statute that forbids the adoption of children by couples of the same sex Subordinate issues, including a federal court's "supplemental" jurisdiction over a claim governed entirely by state law, the standards for admissibility of expert testimony based on social science studies of adoptive children, and a state's waiver of immunity from suit under the Eleventh Amendment An accompanying Teacher's Manual: describes various assignments that professors might give as an advocacy unit in a larger course, in a short course in appellate advocacy, or in a longer course in pretrial and appellate advocacy contains a "bench memorandum," analyzing the various legal issues for the benefit of those evaluating student work reproduces orders and opinions by the trial court to be released to students at appropriate times during the litigation

Advanced Legal Writing And Oral Advocacy

Autore: Michael D. Murray
Editore: Foundation Press
ISBN:
Grandezza: 50,22 MB
Formato: PDF
Vista: 6930
Download

The Murray and DeSanctis titles are designed for the current generation of law students whose familiarity and comfort with on-line and computer-based learning create a demand for teaching resources that take advantage of that familiarity and comfort level. Advanced Legal Writing and Advocacy: Trials, Appeals, and Moot Court is designed for second semester and upper-division advanced writing courses involving advocacy and oral argument at the trial and appellate levels and in moot court competitions. This book employs the TREAT paradigm and doctrine of explanatory synthesis to maximize the persuasive potential of appellate-level legal writing for actual practice and for moot court competitions. It is well suited for use as a primary text in an upper division appellate advocacy or advanced writing course or moot court program, or as a primary or supplemental text for first year legal writing courses that focus on appellate advocacy as the pedagogical model to teach legal writing skills. Paired with the book is an electronic, computer-based version of the text that adds links to on-line databases and internet-based resources and supplements the text with pop-up definitions from Black's Law Dictionary. The electronic version of the text is searchable and highly portable, with internal and external navigation links, making them more valuable for use in class and out. The interactive text employs a layout that departs from the traditional, all-text casebook format through use of callout text boxes, diagrams, and color/border segregated feature sections for hypotheticals, references to scholarly debates, or other useful information for law students.

Briefing And Arguing Federal Appeals

Autore: Frederick Bernays Wiener
Editore: The Lawbook Exchange, Ltd.
ISBN: 1584771836
Grandezza: 57,76 MB
Formato: PDF, ePub, Docs
Vista: 9543
Download

Originally published: Washington, D.C.: BNA Incorporated, 1961. iii (New Introduction), xvi, 506 pp. With a New Introduction by Bryan A. Garner, President, LawProse, Inc. This book tells how to brief and how to argue a Federal case on appeal. Its primary purpose is to explain to the lawyer how to best persuade a Federal appellate court to decide a case in his favor. It is neither a practice manual nor a text of Federal appellate procedure, being written on the assumption that all the procedural steps necessary to perfect the appeal have been or will be timely taken. Consequently this book deals with problems that are common to appeals in whatever Federal court they may be presented. Many of the principles defined and discussed herein are applicable also to the argument, oral and written, of questions of fact and law presented and heard in Federal trial courts. The task of presenting facts and law effectively, the psychology of persuasion, the requirements of candor and accuracy-these are matters common to forensic effort in every courtroom, at every state of a litigated proceeding. In addition to its discussion of appellate advocacy and a description of procedure in the federal appellate courts (Supreme Court, U.S. Court of Appeals, and specialized federal courts), it provides valuable guidelines for writing briefs and appeals and the preparing oral arguments. Among other lessons, it teaches ways to -think before writing, -state facts and phrase issues persuasively, -use argumentative headings, -employ clear, forceful English, -handle questions in oral argument, -use maps and charts effectively and -prevent "forensic halitosis." AALS Law Books Recommended for Libraries List 26, Legal Profession, page 20, "A" Rated. "To get into court and to maintain your right to be there is the object of all pleading and is as important in an appellate court as in a trial court () This book is a guide to handling of cases on appeal in the Federal courts by one who is eminently qualified to instruct and direct in this field." --from the foreword by Sherman Minton, Associate Justice, U.S. Supreme Court "Anyone familiar with Mr. Wiener's reputation as an appellate advocate and with his earlier works would expect his new book to be either required reading or strongly recommended in a course in Appellate Practice and Procedure. My own choice for next spring's seminar at this law school is to require it. This is not to say, however, that the book is directed solely to the student in law school. There are probably few practicing attorneys who would not benefit substantially from the author's ability, drawing on his vast personal experience, to expound the art of appellate advocacy in a fascinating and instructive way." -- Monroe H. Freedman, The George Washington Law Review 30 (1961-62) 148. "This is a brilliant book by a brilliant mind. It's the seminal 20th-century book on appellate advocacy, with wisdom, insight, and concrete examples packed into page after page." --Bryan A. Garner Frederick Bernys Wiener [1906-1996], or "Fritz" as he was known to his friends, was educated at Brown University and Harvard Law School, where he was a note editor on Harvard Law Review. In addition to several years in private practice, Wiener held positions in the U.S. Department of the Interior, the Judge Advocate General's Corps (as an officer during the Second World War) and the Solicitor General's Office, where he successfully argued the landmark Supreme Court case Reid v. Covert. Also a scholar of vast learning and high reputation, he wrote copiously on courts-martial, martial law and legal history. "

The Literate Lawyer

Autore: Robert Barr Smith
Editore: Vandeplas Pub
ISBN:
Grandezza: 21,22 MB
Formato: PDF, ePub, Docs
Vista: 9700
Download

Not long ago, an appellate court fined a lawyer for filing an "incomprehensible brief." That negligence hurt the lawyer's wallet and reputation, but his carelessness hurt his client's case even more. Today, most of our law depends on the written word. A single error can tarnish the writer's image in the eyes of the court and make his or her writing less persuasive. In the end, the client suffers. Even the simplest error reduces the effectiveness of any brief or pleading. Spellcheck won't cure every ill; neither will a loyal and efficient secretary. This little book is dedicated to real legal writing, terse, persuasive, and accurate. It not only teaches brevity, clarity and power in writing, but lists the common pitfalls that infest so much legal writing and destroy the lawyer's meaning and the client's life. It includes tables of commonly misspelled and misused words and commonly confused prepositions. It lays out guidelines for persuasive brief-writing, deals with the letters lawyers regularly write - and some they shouldn't - with office memoranda, and with the basic rules of punchy, persuasive oral argument. It addresses the rules of grammar; the violations of those rules that instantly mark the writer as illiterate at best, and can destroy any amount of clever reasoning and knowledge of the law. It gives examples of how to write effectively . . . and some horrors that good lawyers must avoid. Most important, The Literate Lawyer shows the road to simple, common-sense persuasion, powerful, solid writing that makes the lawyer's point with strength and clarity. And wins cases. About the author: Robert Barr Smith is a Professor at the University of Oklahoma Law Center. He earned a BA in History and a Doctor of Laws from Stanford, and is a member of both the Oklahoma and California Bars. He came to the Law Center in 1982, after retiring from the United States Army as a Colonel. He designed the Law Center's writing, oral advocacy and research class, taught and directed it for fifteen years, served six years as Associate Dean for Academics, and taught trial and appellate advocacy, advanced brief writing, and paralegal writing courses.

Brief Writing Masterclass

Autore: Chinua Asuzu
Editore: Partridge Africa
ISBN: 1482878011
Grandezza: 14,48 MB
Formato: PDF, ePub, Docs
Vista: 1057
Download

An advocate submits a brief to a court or tribunal to persuade it to decide the cause or matter in favor of the advocates client or position. The key word is persuade. Too often, advocates forget this and write to please themselves. They write to themselves instead of to the court. They write in chest-thumping prose and style. Advocates will do well to keep in mind that in advocacy, persuasion is all that matters. This book teaches persuasive written advocacy. It shows advocatesof all ranks, in all jurisdictions, in all proceedings, before all courts or tribunalshow to prepare and present winning and winsome arguments. Because of its emphasis on winning, the books pedagogy blends law, linguistics, logic, psychology, rhetoric, and semantics.

The Art Of Oral Advocacy

Autore: David C. Frederick
Editore: West Group
ISBN:
Grandezza: 56,52 MB
Formato: PDF, Mobi
Vista: 651
Download

Chapters include beginning preparation, answering questions, advanced preparation techniques, basic approaches to presenting argument, common mistakes, and attributes of the best advocates. Throughout, the author illustrates points with examples from real cases. It is ideal for first-year writing and advocacy programs, upper-level appellate advocacy courses and clinics, moot court competitions, and as a review resource for attorneys.

Adversarial Legal Writing And Oral Argument

Autore: Michael D. Murray
Editore: West Publishing Company
ISBN:
Grandezza: 20,45 MB
Formato: PDF, ePub, Docs
Vista: 4127
Download

Highlights of this offering from Murray and DeSanctis' Legal Research and Writing include: Use of the TREAT paradigm and the doctrine of explanatory synthesis which are superior rhetorical devices to maximize the persuasive potential of adversarial legal writing; Multiple annotated samples of each form of work product (pre-trial motions to dismiss and motions for summary judgment, a writ petition, and appellate briefs) rather than offering one or two unannotated model briefs; An in-depth analysis of oral argument and moot court skills and strategies; Written by law professors with substantial experience in litigation in trial and appellate courts, one of whom is a former member of a national champion moot court team; Well suited for use in a second semester Introduction to Advocacy or Legal Writing course, or an upper division trial and appellate advocacy or advanced writing course.

Readings In Persuasion

Autore: Linda H. Edwards
Editore: Wolters Kluwer Law & Business
ISBN: 145482154X
Grandezza: 61,63 MB
Formato: PDF
Vista: 1357
Download

An innovative and riveting look at briefs from a highly respected author that can be used a primary text in an advanced legal writing class or as a secondary text in a basic legal writing course. The chapters can be taken in any order. In the first part of the book, individual chapters cover advanced legal writing topics such as rhetoric, voice, emotion, metaphor, and narrative. The second part of the book introduces famous cases, with the story of each case. Chapter introductions provide interesting insights, such as historical context, the story of the case and of the litigation of it, information about the lawyers who wrote the briefs on both sides, what the courts decided, and, where relevant, about what has happened since. Compelling content makes it easy to engage students while photos throughout enliven the text. Features: Highly respected author Flexibility can be used as core text in advanced legal writing with other materials secondary text in a basic legal writing course chapters can be taken in any order High-interest, engaging content Each chapter focuses on important legal writing topics rhetoric voice emotion metaphor narrative Features famous case Chapter introductions with compelling insights historical context the story of the case and its litigation information about the lawyers who wrote the briefs on both sides what the courts decided what has happened since Full-text cases and briefs offered on a companion website Photos that enliven the text

The Litigation Manual Special Problems And Appeals

Autore: John G. Koeltl
Editore: American Bar Association
ISBN: 9781570736568
Grandezza: 49,16 MB
Formato: PDF
Vista: 9954
Download

Four favorite tales by beloved storyteller. In addition to title story: "Great Claus and Little Claus," "The Tinder Box" and "The Swineherd." Newly reset in large easy-to-read type, with 6 new illustrations by Thea Kliros. New introductory Note.

Handbook Of Forensic Mental Health With Victims And Offenders

Autore: David W. Springer, PhD, LCSW
Editore: Springer Publishing Company
ISBN: 9780826101136
Grandezza: 71,52 MB
Formato: PDF, Docs
Vista: 6857
Download

Designated a Doody's Core Title! Together for the first time; all your forensic social work best practice needs in one volume! "...a vitally important addition to this emerging and essential body of knowledge. This compelling publication places between two covers a broad collection of informative, original essays on core issues in forensic social work. This engaging volume offers readers keen insights into forensic practice related to child abuse and neglect, domestic violence, suicide, psychiatric care and mental illness, juvenile justice, adult corrections, addictions, trauma, and restorative justice." --from the foreword by Frederic G. Reamer, School of Social Work, Rhode Island College From expert testimony advice to treating HIV-positive incarcerated women, this handbook contains the most current research and tested field practices for child welfare through adulthood in the civil and criminal system. Encompassing a wide range of treatments, roles, specialized practices, research, and diagnoses, the Handbook of Forensic Mental Health With Victims and Offenders will guide practicing professionals through the forensic social work issues they encounter on a daily basis, such as: Prevention of prisoners' sudden deaths Expert witness testimony in child welfare and women battering Treatment of dually diagnosed adolescents The overrepresentation of African-Americans incarcerated for juvenile delinquency Jail mental health services for adults Drug courts and PTSD in inmates with substance abuse histories Recidivism prevention Basic tasks in post-trauma intervention with victims and offenders Culture and gender considerations in restorative justice Edited by Dr. Albert R. Roberts and Dr. David W. Springer, with contributions by leaders in the field, this handbook should top the list of must-have publications for all forensic social workers.

How To Win Appeal Manual Fourth Edition

Autore: Ralph Adam Fine
Editore: Juris Publishing, Inc.
ISBN: 1578233976
Grandezza: 35,32 MB
Formato: PDF, Mobi
Vista: 923
Download

Ralph Adam Fine, a Judge on the Wisconsin Court of Appeals since 1988, reveals how appellate judges, all over the country in state and federal courts, really decide cases, and how you can use that knowledge to win your appeal. In this lucid, step-by-step manual, Judge Fine explains and demonstrates how to write effective and persuasive briefs that will get the appellate judges to want you to win. The How-To-Win Appeal Manual - Fourth Edition will give you a judge's-eye-view of the appellate process: what works and why, what destroys effective advocacy, and how you can better represent your clients on appeal. You cannot afford to take or defend another appeal before you read The How-To-Win Appeal Manual! For the fourth edition, all of the chapters have been revised and updated. Content Highlights: How Judges Decide Cases (and Why That is Important To You)Too Many Cases - What the Heavy Appellate Caseloads Mean to You (and How You Can Get Your Briefs Noticed)The BriefHow to Give the Judges the Tools to Decide Your WayThe Keys to Writing an Effective and Persuasive BriefBe Honest and ForthrightHow to Make the Bad Facts Work for YouHow to Write a Powerful and Persuasive "Question Presented"How to Pick Your Best Issues (and Why This is Crucial)How to Write a Powerful and Persuasive "Statement of Facts" That Will Make the Court Want You to WinHow to Write a Powerful and Persuasive "Summary of Argument"How to Make the Statutes Relevant to Your Case Work For YouHow to Write a Forceful and Persuasive "Argument"How to Make the "Statement of the Case" ClearThe Real Role of the "Conclusion"How the Appendix Can Help You WinWhy You Should Always File a Reply Brief If You are the Appellant (and How to Use it to Nail Down Your Win)The Secrets of a Winning Oral Argument"Standards of Review" Dangers and Opportunities: How to Make Them Tools for VictoryHow to Avoid the "Black Hole of Waiver"Why the Typical Appellate Brief is Suicidal (and What you can do to Avoid Common but Deadly Traps)How to Use Unpublished DecisionsAdvocacy in the Real World: A Step-by-Step Analysis of Briefs in Two Real Cases ( A Civil Appeal and a Criminal Appeal)Learn What Appellate Judges Like and What They HatePractice Analyzing Issues to Come up with Winning ThemesPractice Honing-in on Your Most Powerful Points (and How to Avoid the Traps that Snare Other Lawyers)Practice Crafting a Winning, Powerful Brief That Judges Will Love to Read

Criminal Law And Procedure

Autore: John M. Scheb
Editore: Cengage Learning
ISBN: 1285070119
Grandezza: 44,54 MB
Formato: PDF, Docs
Vista: 4182
Download

CRIMINAL LAW AND PROCEDURE is an effective resource for learning all substantive and procedural aspects of criminal law. This practical, up-to-date text features important updates to criminal laws and statutes in the post-9/11 world, including white-collar crime, cybercrime, terrorism, standards of proof, the PATRIOT Act, and much more. Available with InfoTrac Student Collections http://gocengage.com/infotrac. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Handbook Of Appellate Advocacy

Autore: Michael S. Josephson
Editore:
ISBN:
Grandezza: 62,83 MB
Formato: PDF, ePub, Docs
Vista: 6955
Download


Criminal Procedure

Autore: John M. Scheb, II
Editore: Cengage Learning
ISBN: 1285459040
Grandezza: 14,73 MB
Formato: PDF, ePub, Docs
Vista: 4026
Download

Building on the strengths of prior editions, CRIMINAL PROCEDURE, Seventh Edition, includes updated cases and added real-world examples. This successful and time-tested text couples a classic organization and traditional presentation of case law with cutting-edge coverage of recent trends in law and procedure. The authors' combined academic and practical legal experience provides students with firsthand insights into the American legal system, while ample pedagogy and uniquely accessible writing make the text very student friendly. Utilizing extensive case material, this book covers the historical background of criminal procedure and includes the latest Supreme Court decisions and other developments in criminal justice today. This is one of two updated splits of the combined CRIMINAL LAW AND PROCEDURE, Eighth Edition (c. 2014), by the same authors. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

The Appellate Prosecutor

Autore: Ronald H. Clark
Editore: Trafford
ISBN: 9781412051309
Grandezza: 68,98 MB
Formato: PDF, ePub, Docs
Vista: 5763
Download

The Appellate Prosecutor: A Practical and Inspirational Guide to Appellate Advocacy is a new book for appellate advocates, particularly those in attorney general's and prosecutor's offices. The importance of an appellate prosecutor's work cannot be overstated. Don Zelenka, a consummate appellate advocate, expressed it well when he wrote, "If the maxim that 'the best use of life is to spend it for something that outlasts life' is correct, the life and work of an appellate prosecutor is one to be cherished." Appellate prosecutors not only preserve just convictions through their advocacy but also shape the law for the future. Authors for this book are some of the best-of-the-best teachers and authorities on how to be an effective appellate advocate. They were selected from across the country and include appellate prosecutors from attorney general's and prosecutor's offices as well as appellate judges and justices and a law professor. The authors have crafted information-packed chapters on these subjects: Persuasion, Planning and Analysis for Appellate Advocacy - The building blocks of persuasion and how to use them in appellate advocacy Writing the Persuasive Brief - How to effectively craft the three major sections of the brief The Key to Good Legal Writing A Sample Appellate Brief Template Appellate Strategies - How to: find procedural and other bars; uncover flaws in Appellant's brief; determine the real issue; enhance your credibility with the court and more. Research Resources: An Appellate Lawyer's Tools of the Trade - Internet sites, prosecutor association information banks and written resources for appellate prosecutors. Standards of Review: The First Line of Defence Protecting the Record for Appeal: Advice to the Trial Prosecutor Professional Responsibility on Appeal - How to respond to ethical dilemmas that confront appellate prosecutors. Prosecutor Appeals - eight considerations that may influence your decision to appeal. Successful Appellate Oral Advocacy. Appellate Court Conferencing of Cases - How appellate courts conference and how that can effect your advocacy. Answering the Difficult Questions from the Bench. Inspirational Words for the Appellate Advocate. As Judge Charles Moylan, thirty-year veteran of the appellate bench, renowned lecturer and author, put it, "This work in my judgement will find an indispensable place on the desk, or at the bedside before argument, of every successful appellate prosecutor."

Winning On Appeal Better Briefs And Oral Argument Second Edition

Autore: Hon. Ruggero J. Aldisert
Editore: LexisNexis
ISBN: 1632814099
Grandezza: 34,46 MB
Formato: PDF, ePub, Mobi
Vista: 776
Download

Winning on Appeal has been adopted by top-flight law schools for appellate advocacy courses. It also has become a popular desk reference on how to write an effective brief and deliver a persuasive oral argument. In the Second Edition, Ruggero J. Aldisert, a 40-year veteran of the federal appeals bench, fundamentally reorganizes the book. By creating 25 chapters in place of the previous 17, Aldisert creates a wonderfully instructive how-to manual for the appellate advocate and a must volume for those who select appellate advocates. Throughout Winning on Appeal, 19 current chief justices of state courts, nine chief judges of U.S. Courts of Appeals, more than 20 U.S. Circuit and state appellate judges contribute their thoughts on how to write a brief and how to argue a case-information that is not available in any other publication or resource. Judge Aldisert draws the perfect roadmap for the attorney who wants to win on appeal. Reviews "With 35 years on the appellate bench, Judge Aldisert has a huge network of friends in judicial and appellate practitioner ranks - people who now provide quotable guidance throughout his book, in one or a few sentences, on everything from perfecting the written argument to pet peeves, from vignettes on being persuasive to a "compendium of advice" on what makes a brief effective." -Oregon Bar Bulletin "Winning on Appeal is an impressive achievement. Appellate lawyers and judges will profit immensely from consulting it." -William J. Brennan, Jr., Justice, U.S. Supreme Court (1957-1990) "Told from a judge's viewpoint, the book is an expose of appellate lawyering from the other side of the bench. It fills a curious void in the existing literature on appellate advocacy, until now authored almost exclusively by non-judges. While practitioners and academics often have invaluable insights, theirs is only half the story." -Alex Kozinski, Judge, U.S. Court of Appeals for the Ninth Circuit

Injustice On Appeal

Autore: William M. Richman
Editore: Oxford University Press
ISBN: 0199367051
Grandezza: 15,16 MB
Formato: PDF, ePub, Docs
Vista: 3665
Download

The United States Circuit Courts of Appeals are among the most important governmental institutions in our society. However, because the Supreme Court can hear less than 150 cases per year, the Circuit Courts (with a combined caseload of over 60,000) are, for practical purposes, the courts of last resort for all but a tiny fraction of federal court litigation. Thus, their significance, both for ultimate dispute resolution and for the formation and application of federal law, cannot be overstated. Yet, in the last forty years, a dramatic increase in caseload and a systemic resistance to an increased judgeship have led to a crisis. Signed published opinions form only a small percentage of dispositions; judges confer on fifty routine cases in an afternoon; and most litigants are denied oral argument completely. In Injustice on Appeal: The United States Courts of Appeals in Crisis, William M. Richman and William L. Reynolds chronicle the transformation of the United States Circuit Courts; consider the merits and dangers of continued truncating procedures; catalogue and respond to the array of specious arguments against increasing the size of the judiciary; and consider several ways of reorganizing the circuit courts so that they can dispense traditional high quality appellate justice even as their caseloads and the number of appellate judgeships increase. The work serves as an analytical capstone to the authors' thirty years of research on the issue and will constitute a powerful piece of advocacy for a more responsible and egalitarian approach to caseload glut facing the circuit courts.

Winning On Appeal

Autore: Tessa L. Dysart
Editore: Aspen Publishers
ISBN: 1601567243
Grandezza: 70,68 MB
Formato: PDF, Mobi
Vista: 5622
Download

When the late Ruggero J. Aldisert wrote Winning on Appeal in 1992, it became an instant classic in law school classrooms and appellate law practices across the country. To celebrate the twenty-fifth anniversary of the book’s release, Tessa L. Dysart and Leslie H. Southwick carry on the Aldisert tradition of revealing the "nuts and bolts" of how to prepare an effective brief with the nuanced art of a delivering a persuasive appeal to the court. Their meticulously rendered update is replete with dozens of interviews with leading appeals judges and practitioners—treasured guidance from a bona fide who’s who of appellate advocacy in America—and escorts readers into the “wired” courtroom of the twenty-first century, where they explore the benefits and challenges of melding technology with appellate advocacy. With a Foreword penned by U.S. Supreme Court Associate Justice Samuel A. Alito, Jr., Winning on Appeal conveys the perfect blueprint for any lawyer who wants to win on appeal. Reviews "I argued before Judge Aldisert as a young attorney, and I learned from the experience of trying to hold my own in front of the former Marine. I will certainly never forget those occasions. Arguing before Judge Aldisert was the best (and therefore the most demanding) Socratic experience imaginable. Woe to the lawyer who was unprepared or, worse yet, tried to pull something on the court! But to paraphrase that famous Sinatra song, if you could make it arguing in front of Judge Aldisert, you could make it anywhere. I am very pleased that Rugi’s teaching will live on after him in this new edition of Winning on Appeal. For new appellate advocates, this volume should be required reading. I wish that it had been available when I argued my first case. For more experienced attorneys, the book contains advanced tips and reminders that may serve as a corrective against the bad habits that are easy to acquire. For any attorney who wants to know how to win on appeal, this is where to look." — Samuel A. Alito, Jr., Associate Justice, U.S. Supreme Court