Appellate Practice

1861 ABA Journal articles on Appellate Practice.

Justice Department reverses course and urges Supreme Court to overrule pro-union precedent
The U.S. Justice Department has switched positions in an amicus brief that asks the U.S. Supreme Court to overrule a 40-year-old decision that benefits unions.
BigLaw partner breaks a record held by Thurgood Marshall

Neal Katyal has broken the record held by Thurgood Marshall for the minority lawyer with the most oral arguments before the U.S. Supreme Court.

Katyal, a Hogan Lovells partner, broke…

Is Posner’s ‘baffling’ book an ethics breach? Chief judge objects to release of internal memos
Retired Judge Richard Posner of the Chicago-based 7th U.S. Circuit Court of Appeals apparently ruffled colleagues’ feathers and raised ethics questions when he released internal materials in a new book on the treatment of pro se litigators.
Delaware loses long-held No. 1 ranking for business-friendly legal climate to South Dakota

A periodic survey of corporations by the U.S. Chamber of Commerce’s legal-reform arm found that Delaware has lost its No. 1 ranking for being business-friendly in legal matters, dropping to…

E-filing system at Supreme Court will make new filings accessible for free

The U.S. Supreme Court announced Thursday that it is adopting an electronic filing system beginning Nov. 13.

The system will make “virtually all new filings” available to the public at…

Harumph! 7th Circuit chief judge displays irritation with flawed jurisdictional statements
Chief Judge Diane Wood made her frustration clear in a pair of orders on Monday lamenting litigants’ failure to follow circuit rules that help the Chicago-based 7th U.S. Circuit Court of Appeals screen for jurisdictional problems.
#AppellateTwitter is place for networking as well as commentary

When a federal appeals court heard oral arguments on President Donald Trump’s revised travel ban, #AppellateTwitter was a source for journalists and observers looking for commentary as the oral…

Solicitor general nominee emphasizes separation of powers during confirmation hearing

Solicitor general nominee Noel Francisco told senators at his confirmation hearing Wednesday that the office “plays a special role” at the intersection of three branches of government.

Francisco said the…

Should lawyers repeat a justice’s mispronunciation? Take this ‘antecedent’ example

Corrected: An assistant to the solicitor general had a choice to make when Justice Elena Kagan referred to the antecedent clause of a statute.

Kagan pronounced the word “an-TESS-a-dent,” mystifying…

7 executions in 11 days wouldn’t allow due process, ABA president tells Arkansas governor
ABA President Linda Klein has asked the governor of Arkansas to delay an unprecedentedly accelerated series of executions scheduled for this month.
Civil rights lawyer who worked on Brown v. Board of Education dies at 96

A civil rights lawyer who helped write the briefs in the landmark school desegregation decision Brown v. Board of Education has died at age 96.

William Coleman Jr. died Friday…

What do Supreme Court advocates do with their feather quill mementos?
A unique tradition maintained since “the earliest sessions of the court,” according to the U.S. Supreme Court’s public information office, is presenting goose-feather pens to advocates who appear for oral argument. The practice reportedly dates back to the early 1800s, when Chief Justice John Marshall provided lawyers with quill pens and inkwells to take notes.
Gibson Dunn partner says he would turn down a solicitor general nomination

Gibson, Dunn & Crutcher partner Miguel Estrada doesn’t intend to go through another bruising confirmation battle.

Estrada was said to be a top possible nominee for solicitor general, but Estrada…

SCOTUS clerk tells amici to caption case of transgender teen with masculine pronoun

U.S. Supreme Court clerk Scott Harris has informed three groups that the caption on their amicus briefs should refer to a transgender teen with a masculine pronoun.

Harris told the…

Exoneree makes his first appearance in court as a defense lawyer

Ten years to the month after Jarrett Adams was released from prison for a rape he didn’t commit, the newly minted lawyer was in court this week representing another prisoner…

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