University of Arkansas at Little Rock: UALR Bowen Law Repository

Johnstone, Anthony

English

A Past and Future of Judicial Elections: The Case of Montana

Holifield, Lucy L.

Property Law—Upending the Familiar Tools of Estate Planning: Equity Renders Revocable Trusts Subject to the Arkansas Spousal Election. In Re Estate of Thompson, 2014 Ark. 237, 434 S.W.3d 877.

Titley, Kristin

Environmental Law—Regulation of Concentrated Animal Feeding Operations—Reducing the Nuisance: How Arkansas Can Use Its Right-To-Farm Statute to Protect Against the Destruction of CAFOs

Greacen, John M.

Johnson, Amy Dunn

Morris, Vincent

From Market Failure to 100% Access: Toward a Civil Justice Continuum

DiPippa, John M. A.

Bias in Disguise: The Constitutional Problems of Arkansas’s Intrastate Commerce Improvement Act

Alexander, Peter C.

Law School Deans and the “New Normal.

Parker, Frederick R., Jr.

Law, Bioethics, and Medical Futility: Defining Patient Rights at the End of Life

Morris, Nikki

Criminal Law—Sentencing Juveniles—Where Do We Go From Here? Mandatory Sentencing and Retroactive Application Post-Miller. Miller v. Alabama, 132 S. Ct. 2455 (2012).

May, Nancy Bellhouse

The Journal of Appellate Practice and Process 
Volume 16 Issue 1 Article 6 
2015 
The Desk. The Job. The Far Horizon 
Nancy Bellhouse May 
University of Arkansas at Little Rock William H. Bowen School of Law, nbmay@ualr.edu 
Follow this and additional works at: https://lawrepository.ualr.edu/appellatepracticeprocess 
 Part of the Courts Commons 
Recommended Citation 
Nancy Bellhouse May, The Desk. The Job. The Far Horizon, 16 J. APP. PRAC. & PROCESS v (2015). 
Available at: https://lawrepository.ualr.edu/appellatepracticeprocess/vol16/iss1/6 
This document is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has 
been accepted for inclusion in The Journal of Appellate Practice and Process by an authorized administrator of 
Bowen Law Repository: Scholarship & Archives. For more information, please contact mmserfass@ualr.edu. 
 
 
 
 
 
      
   
              
 
THE JOURNAL OF
APPELLATE PRACTICE
AND PROCESS
FOREWORD
THE DESK. THE JOB. THE FAR HORIZON.
Like the other twenty-five issues that we have published
since I joined The Journal, this one began on the fourth floor of
the law school, in this office, and at this desk. That’s a lot of
history for a battered old piece of state-issued furniture to bear.1
Looking back at the five issues published before I arrived, I see
authors who have retired, early supporters who have died, and
legal questions whose moments in the spotlight have come and
gone. The same would be true of the first five issues published
after I joined The Journal, and perhaps of the next five after that.
But despite those changes, some aspects of The Journal
remain as they have always been: Unsolicited articles and essays
still come to us from across the appellate community. Prospective
authors continue to inquire whether we might be interested in
their addressing the next wave of concerns, changes, or
improvements likely to affect the work of the appellate courts.
And we are still learning with every issue—which is to say with
every essay, article, and practice note we read—how broad that
work is, how difficult it can be, and how important its results are
to those who rely on the appellate courts to interpret and apply
the law.
In one respect, however, my relationship with The Journal
changes even as it remains the same. The milepost marking the
point at which I will have spent as long editing The Journal as I
spent practicing law, once so distant as to be invisible even when
1. There must be far more to its history than I know, because nothing like this
desk—squat and dark, its drawers supported by unfinished steel braces that can’t ever
have looked like a good idea—has been in stock at any office-supply store since 1966.
And the feature strip of black plastic that runs around the bottom edge of the work
surface seems to place the desk’s manufacture somewhere between the end of the
Eisenhower Era and the dawning of the Age of Aquarius.
 
 
 
 
 
      
   
              
 
vi THE JOURNAL OF APPELLATE PRACTICE AND PROCESS
I squinted hard at the horizon, now approaches. It seems, in fact,
almost to be racing toward me, each day bringing me closer to
the moment at which that marker will begin to recede toward the
opposite horizon. But I doubt that I will pause to mark the shift
when it occurs, knowing as I do that my work with The Journal
will continue to pull me toward the future of appellate law.
IN THIS ISSUE
The weight of this issue is concentrated in Professor
Johnstone’s comprehensive article about the effect of Citizens
United on a Supreme Court election in Montana. The history of
Copper-King corruption against which the new era in Montana
campaign financing has begun to play out gives the article an
edge that makes it well worth the read. We also have sage advice
from Justice Côté to those who have recently become (or those
interested in becoming) appellate judges; Ms. Hyman’s
description of the way in which digging deeper can be the key to
winning on appeal; Mr. Galbraith’s assessment of the necessity
for remand when the trial court neglected to undertake a
Daubert analysis; and a thoughtful essay by Judge Lipez, who
considers the interaction between the history of religious
freedom in this country and a recent decision by the United
States Supreme Court. I invite you to find the one among these
offerings that speaks most directly to you.
NBM
Little Rock
October 20, 2015


The Desk. The Job. The Far Horizon

Hughey, Rachel Clark

Effective Appellate Advocacy before the Federal Circuit: A Former Law Clerk\u27s Perspective

University of Arkansas at Little Rock

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