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Why the Appellate Mandate Matters

By Jennifer L. Swize

This refresher on the appellate mandate addresses its basic, procedural aspects, as well as the substantive consequences of its issuance.

Amicus Brief Writing for the Circuit Court: The Why and the How

By Jill M. Przybylski and Brock A. Swartzle

While no one would encourage flooding the circuit courts with amicus briefs in run-of-the-mill appeals, there are reasons for increased amicus participation in atypical circuit-court appeals.

The Hutz Brief: How to Respond to Bad Briefs

By Jeff Berger

Win over the judge with restraint, not ridicule.

Books Every Young Appellate Lawyer Should Own and Use

By Dennis Owens

Any young lawyer wishing to focus on appellate practice should check these books out.

Noteworthy Supreme Court Books

By Dennis Owens

These are not practice books; most were not written for lawyers.

How to Make Technical Briefs Understandable for Generalist Judges

By Hugh S. Balsam and Patrick C. Gallagher

With some care and effort, a lawyer can reduce even the most complicated subject matter to something that generalist judges—and their clerks—can understand.

Appealing Dismissal of Federal Claims upon Remand of State Law Claims

By Lawrence A. Kasten

There has been little discussion about procedure where a district court assumes jurisdiction over an action including federal and state-law claims, dismisses the former, and then remands the latter.

Advice to Young Lawyers: Oral Argument for My Adversaries

By Brian J. Paul

The author's prior advice on brief writing was so well received that he's rounding things out with advice on oral argument.

Appellate Advocacy: A Young Attorney’s Perspective

By Lara O’Donnell Grillo

The author shares some of what she has learned through experience in several years of appellate advocacy in many different environments.

Evolution and Revolution at the Supreme Court: How the Court Became "Supreme"

By Robert S. Peck

Like many other decisions before it, the Citizens United decision exemplified the Court’s power to change our nation in both profound and subtle ways.

When Colors Do Not Match: The Serious Business of Appellate Advocacy

By Alexander Rayskin

The words of Justice Benjamin Cardozo ring as true today as they did almost a hundred years ago when he shared them with the world. But what can they mean for the appellate practitioner?

Book Review: Ross Guberman's Point Made

By Sanford Hausler

It’s one thing to pick up some tricks from a law professor who teaches legal writing; it’s another to pick them up from Seth Waxman or Carter Phillips.

Should Supreme Court Arguments Be Televised?

By Stephen Feldman

Increasingly, trial lawyers and clients are calling on appellate counsel to help set a case up for appeal early in the proceedings, well before a notice of appeal is filed.

What Appellate Lawyers Should Know About Making a Trial Record

By Mary-Christine (M.C.) Sungaila

Increasingly, trial lawyers and clients are calling on appellate counsel to help set a case up for appeal early in the proceedings, well before a notice of appeal is filed.

Does "Motivated Reasoning" Help Explain How Judges Decide Cases?

By Steve Sanders

In her book, Eileen Braman asks, are judges' decisions best explained by personal inclinations or legal authority? The answer likely involves a complex interplay of both.

Notice of Appeal Time Limits Are Mandatory and Jurisdictional

By Lawrence A. Kasten

It is clear that the burden of ascertaining and complying with notice-of-appeal time limits rests on the shoulders of the appellant and its counsel.

Making the Most of Your Appellate Clerkship

By Michael Giel

You have graduated law school and have secured an appellate clerkship. Congratulations! Now what?

Writing a Winning Legal Argument: What To Do and What Not To Do

By Lawrence D. Rosenberg

In this era of declining jury trials, a lawyer’s skill in writing a winning legal argument may well dictate whether the client wins or loses.

The Appellate Practice Associate’s Survival Guide

By V. Dorfman, J. Renzelmann, L.D. Rosenberg, and G.T. Sumner

Associates who follow some basic rules will find themselves in a position to do very well in a firm appellate practice.

Ten Steps for Becoming an Appellate Lawyer

By Lawrence D. Rosenberg

So you want to become an appellate lawyer. (Are you crazy? Have you sought professional help?)

So You’re Doing a California Appeal? A Primer for Out-of-State Lawyers

By Steven A. Hirsch, Dorothy McLaughlin, and Kevin Reed

It is somewhat different, and you need to understand and appreciate the differences, but you can do it.

Review of Partial Judgments Under FRCP Rule 54(B)

By James C. Martin and Jayne E. Fleming

Determining what constitutes a single claim for purposes of Rule 54(b) finality has occasioned a good deal of subtle jurisprudence.