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Federal Appeals

Author : Michael E. Tigar
ISBN : STANFORD:36105060413205
Genre : Law
File Size : 20.95 MB
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Category: Law

Briefing And Arguing Federal Appeals

Author : Frederick Bernays Wiener
ISBN : 9781584771838
Genre : Law
File Size : 42.13 MB
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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. "
Category: Law

Federal Appeals Court Decision Striking Down The Immigration Ordinances Of Hazleton Pa

Author : Theodore McKee
ISBN : 9781437939378
Genre :
File Size : 36.57 MB
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This is a print on demand edition of a hard to find publication. The ruling, by a three-judge panel of the U.S. Court of Appeals for the Third Circuit in Phila., on ordinances passed by the city of Hazleton, PA in 2006 to punish bus. or landlords who hire or rent to illegal immigrants. This ruling upheld a 2007 lower-court decision which prohibited Hazleton from enforcing these local immigration ordinances. The judges stated that Fed. immigration law preempted Hazleton¿s initiatives. Contents: (1) Intro.; (2) Factual and Procedural Background; (3) Jurisdiction and Standard of Review; (4) Severability and Standing; (5) Anonymity and Confidentiality; (6) Discussion: Fed. Immigration Law; State and Local Immigration Laws; Pre-emption; (7) Conclusion; (8) Illegal Immigration Relief Act Ordinance Rental Reg¿n. Ordinance.

Courts Of Appeals In The Federal Judicial System

Author : J. Woodford Howard Jr.
ISBN : 9781400855452
Genre : Law
File Size : 83.92 MB
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Courts of Appeals were designed to be a unifying force in American law and politics, but they also contribute to decentralization and regionalization of federal law. Woodford Howard studies three aspects of this problem: first, what binds the highly decentralized federal courts into a judicial system; second, what controls the discretion of judges in making law and policy; and third, how can quality judicial decisions be maintained under heavy-volume pressure. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Category: Law

Structural And Other Alternatives For The Federal Courts Of Appeals

Author : Judith A. McKenna
ISBN : 0788115758
Genre : Appellate courts
File Size : 66.13 MB
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Covers: perceived threats to COA, the work of the COA, effects of caseload volume, proposals for structural change and more. 5 appendices. Charts and graphs.
Category: Appellate courts

Mediation And Conference Programs In The Federal Courts Of Appeals

Author : Robert J. Niemic
ISBN : 0788143654
Genre :
File Size : 71.67 MB
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This sourcebook is a reference guide on mediation & conference programs in the federal courts of appeals -- programs that offer a way for courts to deal with increasing filings without increased demand for circuit judgeships. The sourcebook responds to requests from the appellate courts for a detailed description of other circuits' mediation & conference programs as well as more general information about what happens in other circuits. In addition, it provides a means for attorneys to learn more about these programs; providing this information to attorneys helps the courts work more efficiently.

The History Of The New York Court Of Appeals

Author : Bernard S. Meyer
ISBN : 0231509901
Genre : History
File Size : 79.3 MB
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From 1932 to 2003, the New York Court of Appeals-the highest court in the state- decided crucial cases pertaining to the social and legal issues of the day. The judges' rulings affected laws regarding motion picture censorship; obscenity, indecency, and immorality; religion; capital punishment; torts; the right to control personal medical care; and abortion. This comprehensive history completes a two volume series that began with The History of the New York Court of Appeals, 1847-1932. Each case is richly recounted and analyzed, detailing the decisions and dissenting opinions. Short biographies are provided for the judges who served during this period, and changes in the selection of judges, as well as the court's jurisdiction, are thoroughly explained. Particular to this volume, the authors provide the legal, social, and political contexts for these cases, showing how the law has evolved over time. They examine the court's view concerning its constitutional power to respond to an economic emergency during the Great Depression; they outline cases in which the judges ruled on the government's role in legislating morals and morality; and they focus on the evolution of the court's opinions regarding statutory interpretation, judicial federalism, censorship, constitutional reform, criminal law and capital punishment, rules of evidence, education, family law, and antitrust and labor law.
Category: History