1867 ABA Journal Appellate Practice articles.

Baker’s case won’t govern gay rights, Ted Olson says
While talking Wednesday about his role in helping bring about the legalization of gay marriage, famed appellate litigator Ted Olson stressed that the fight against discrimination based on sexual orientation or gender identity is far from over.
Oral arguments are losing ground in federal appeals courts; would ‘hot-court culture’ reverse trend?
Fewer cases are being slated for oral arguments in federal appeals courts, according to statistics from the Administrative Office of the U.S. Courts.
Posner brief accuses judge of laziness for copy-and-paste order

Former appeals judge Richard Posner is criticizing a judge who copied and pasted from a government motion in an order that dismissed a pro se litigant’s First Amendment complaint.

Posner…

Solo who sought reversal based on ‘extreme judicial activism’ faces total sanctions of $235K
A solo practitioner who was sanctioned nearly $176,000 for making false statements about opposing counsel has been hit with an additional sanction for filing a federal appeal that argued the lower court had engaged in “extreme judicial activism.”
9th Circuit to appoint special prosecutor to oppose pardoned Arpaio
A federal appeals court will appoint a special prosecutor to argue that former Sheriff Joe Arpaio’s conviction for criminal contempt should stand, despite his pardon by President Donald Trump.
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.

Read more ...




Digital Edition.

Digital Edition

Free to ABA members and ABA Journal subscribers

Magazine archives ...


Your Voice

Articles and commentary ...



Podcasts

More podcasts ...


Defending Justice shield logo.
Essays on judicial independence

Online series ...