Appellate Advocacy Blog

Editor: Tessa L. Dysart
The University of Arizona
James E. Rogers College of Law

Friday, May 29, 2015

How the Sausage Is Made

I'm a bit behind on this, so most readers of this blog have probably read this article by Gulati and Posner: The Management of Staff by Federal Court of Appeals Judges.  This look at the management of judges' staffs is an interesting one. I'd be interested in a similar examination of the circuits' central staff arrangements. If cases are rated, tracked, or otherwise "managed" in a manner that yields greater or lesser (or even just different) review of some cases, then substantively, the results of cases may turn more on those processes than on the ones in the judge's chambers. Or maybe not. I suppose some field research is necessary to resolve that question.

 

Also, my apologies for a lack of content lately. I suspect things will be slow for the next couple weeks.

May 29, 2015 in Federal Appeals Courts | Permalink | Comments (0)

Thursday, May 7, 2015

Bits and Pieces on Writing

Of interest on the topic of writing...

First, Bryan Garner has a column on the ABA Online, "First impressions endure, even in brief writing." In it, Garner makes use of social science research and the work of Nobel laureate Daniel Kahneman to support three basic principles regarding good (legal) writing: "(1) little errors in a brief betoken bigger mistakes, (2) less is more, and (3) good briefs demand little physical or mental effort from the reader." While the advice isn't novel, the use of psychology and economic principles to support these ideas may be compelling to some readers.

Second, in a similar vein, "10 top writing tips and the psychology behind them," offers ten discrete pieces of writing advice and discusses why it matters, why we often fail to heed the advice, and how to fix our processes to follow that advice more consistency. The advice is mostly applicable to legal writing and the format, which tries to pull back the curtain on why we make the errors we do, is especially helpful.

Third, some amazing filings: dismissal of a complaint filed in D. Nebraska against "Homosexuals" and a filed in N.D. Georgia, a "Notice to F*ck this Court and Everything It Stands For."

 

May 7, 2015 in Appellate Advocacy, Legal Writing, Moot Court | Permalink | Comments (0)