Appellate Advocacy Blog

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

Friday, June 1, 2018

Appellate Advocacy Blog Weekly Roundup June 1, 2018


Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure to include, feel free to send Dan a quick email or a message on Twitter (@Daniel_L_Real).

Supreme Court Opinions and News:

  • This week, the Supreme Court released its opinion in Collins v. Virginia.  In the opinion, the Court held that the Fourth Amendment prohibited law enforcement from searching under a tarp in a citizen's driveway to locate and search a motorcycle, rejecting arguments that the automobile exception to the warrant requirement should be extended to such a situation involving a citizen's curtilage.  Justice Alito was the sole dissenter, arguing that there was no meaningful intrusion into privacy; Justice Thomas wrote a separate concurrence, in which he asserted that the it is improper to require state courts to apply the exclusionary rule.

Read the Court's Opinion HERE.

Federal Appellate Court Opinions and News:

  •  An article last week in the National Law Journal discussed a recent trend where the number and percentage of cases actually resulting in oral argument at the federal appellate level has been declining.  The article also discussed what this trend means for some of the nation's top firms, where federal appellate work sometimes makes or breaks professional reputations and is a big component of firm billing.

Read the Article HERE

Practice tips and pointers:

  • Lisa Solomon (@lisasolomon) had an article at Question of Law this week stressing the importance of not overusing intensifiers in legal writing -- authors often use them as a crutch in the belief that they will convey a sense of importance to the object being modified, but sophisticated legal readers typically have the opposite reaction, discounting the credibility of the author.

Read the Article HERE.

  • Announcement:  The ABA Section of Litigation will be holding a Roundtable on Effective Oral Argument Preparation on Wednesday, June 27.

More Information HERE

Appellate Job Postings:

  •  Assistant Attorney General for New Mexico, Criminal Appeals Division

View the Posting HERE.

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