Sunday, July 5, 2009
This one comes to us from Professor Coleen Barger's former student and protege Stella J. Phillips (they grow up so fast, don't they?) and is available at 31 U. Ark. Little Rock L. Rev. 135 (2008). Here's the abstract for Putting it All Together: Law Schools' Role in Improving Appellate Practice:
[T]he pressure of clients' expectations and filing deadlines often leads lawyers to become careless when preparing their briefs careless in their adherence to court rules, in writing style and tone, and in the brief's overall presentation. ... Family law classes also highlight the requests spouses commonly make when seeking a divorce child support, alimony, property division and issues that may arise during the proceedings that could prevent an appealable order. ... Rulings on summary-judgment motions or post-trial motions may lead to orders that seem somewhat different than a judgment on the merits of a civil or criminal case. ... By teaching students about the pitfalls they
will encounter as they try to appeal, professors will help the courts and future lawyers save time and resources as they serve litigants. ... Thus, before they file their notices of appeal, appellate lawyers must determine what issues the court will rule upon and what parts of the record it will use to make those decisions. ... To properly preserve an argument for appeal, litigants must clearly and specifically set forth the grounds of their objections or motions in the lower court. ... By highlighting the times at which various motions and objections must be made, professors truly help their students become better appellate lawyers and prevent many important arguments from being abandoned in the lower court. ... Furthermore, there are special standards for reviewing the decisions of certain state agencies and for special types of orders. ... Equally important, however, are the Arkansas Rules of Appellate Procedure Civil and Criminal, the Supreme Court Rules, and the administrative orders that affect appellate briefs.
I am the scholarship dude.