1,720,975 research outputs found
Nebraska Lawyer
No full textDerived from the similarly-titled Creighton Law Review article by this author (39 Creighton L. Rev. 29 (2005)), this article focuses on a discussion of techniques for more effective appellate advocacy, including more effective written advocacy (brief writing) and more effective oral advocacy (oral arguments).5-1
Nebraska Lawyer
No full textThis is a Nebraska Lawyer magazine article reprinting the prior Court Review magazine article by this author. The article concerns thoughts about improving judicial independence by taking steps to improve judicial retention voting, voter education, etc.15-121
Creighton Law Review
No full textINTRODUCTION|Ambrose Bierce sarcastically defined "appeal" as "In law, to put the dice into the box for another throw." Bierce's definition, while perhaps good satire, could not be further from the truth. In reality, appellate practice is a unique form of litigation, subject to its own rules and nuances, and requires much more than attempting to reargue the same issues in a different forum. "Appellate work is most assuredly not the recycling of trial level points and authorities." Indeed, "because the orientation in appellate courts is on whether the trial court committed a prejudicial error of law, the appellate practitioner . . . who takes trial level points and authorities and, without reconsideration or additional research, merely shovels them in to an appellate brief, is producing a substandard product." Being successful in appellate practice requires thoughtful and careful consideration of the case in a whole new light and demands attention to a host of rules and procedural details. |An exhaustive consideration of every aspect of appellate practice in Nebraska is well beyond the scope of this type of article. Nonetheless, there are certain important considerations, with ramifications for the outcome of the case, which should be understood by anyone seeking to be successful in Nebraska's appellate courts. These considerations include such matters as ensuring jurisdiction of the appellate...2005-200629393
Creighton Law Review
No full textA review of appellate practice rules in the State of Nebraska, including jurisdictional and filing requirements, as well as practical advice for being more effective. Complete with thorough statutory, rule, and case citations.129-1023
McGeorge Law Review
No full textJudicial decision making is influenced by unconscious decisions and motivations - implicit biases. This paper explores how implicit bias impacts judicial decision-making, as well as considerations for minimizing negative impacts of implicit bias.11-184
Court Review
No full textThis article concerns improving the judicial retention vote in selective appointment systems.260-674
Fordham Urban Law Journal
No full textThis article discusses the subjects of judicial selection and judicial independence, focusing on retention votes in appointive selection systems. The article includes a historical look at judicial selection and retention in Nebraska, a discussion of some pervasive problems with retention votes in appointive selection systems, and a discussion of suggestions for improving retention votes and their effectiveness.1453-4713
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