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Federal Appeals

Author : Michael E. Tigar
ISBN : STANFORD:36105060413205
Genre : Law
File Size : 78.37 MB
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Category: Law

Briefing And Arguing Federal Appeals

Author : Frederick Bernays Wiener
ISBN : 9781584771838
Genre : Law
File Size : 86.52 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 : 80.11 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.

Citations To Unpublished Opinions In The Federal Courts Of Appeals

Author : Robert Timothy Reagan
ISBN : STANFORD:36105063810480
Genre : Appellate procedure
File Size : 76.57 MB
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The Appellate Rules Advisory Committee has written a new Rule 32.1 which permits attorneys and courts in federal appeals in all circuits to cite unpublished opinions. At its June 2004 meeting, the Standing Committee on Rules of Practice and Procedure asked the Appellate Rules Advisory Committee to ask the Federal Judicial Center to conduct empirical research that would yield results helpful to the Standing Committee's consideration of the proposed rule. The Center's research effort consisted of three components: (1) a survey of judges, (2) a survey of attorneys, and (3) a survey of case files. This report was presented to and considered by the Standing Committee during its June 15-16, 2005 meeting, at which it approved the Advisory Committee's proposed rule for consideration by the Judicial Conference at its September 2005 meeting.
Category: Appellate procedure