ABA Journal

Appellate Practice

1969 ABA Journal Appellate Practice articles.

‘The Practice’ vs. ‘Boston Legal’: How the original stacks up to the spinoff, part 1

In April, Screen Rant published its list of the 10 best legal drama shows of all time, ranked according to IMDb. After review, I realized two of the 10 were very closely related. Boston Legal was a spinoff of The Practice, and also according to IMDb, the byproduct is better than the initial offering.

Typo in 1928 Supreme Court opinion created ‘reign of error,’ law prof says

A tiny typographical error in a 1928 U.S. Supreme Court opinion had a big impact after it was picked up in subsequent opinions and used to bolster arguments for property rights, a law professor has found.

Breyer explains reason for late-night opinions, comments on once-secret summary reversal custom

U.S. Supreme Court Justice Stephen G. Breyer has shed light on late-night decisions on emergency requests in an interview with CNN.

Weekly Briefs: Lawyer censured over false time sheets; California law allows ‘stealthing’ suits

Lawyer censured for seeking no-show pay

Lawyer Laura Cail, of Rensselaer County, New York, has been censured for filing false time sheets to collect more than $12,000 for work that…

Senate Democrats criticize SCOTUS ‘shadow docket’ in hearing; Republicans see attempt at justice intimidation

Is the U.S. Supreme Court’s “shadow docket” of emergency orders and summary decisions being misused in a way that undermines the court’s legitimacy? Or are Democrats who are criticizing the docket trying to intimidate the justices?

Supreme Court’s new hybrid argument format allows justices to continue taking turns

When the U.S. Supreme Court resumes in-person oral arguments Oct. 4, it won’t return to the pre-pandemic questioning format.

Supreme Court will resume in-person oral arguments, but the public can’t attend

The U.S. Supreme Court announced Wednesday that it will resume in-person oral arguments when its term begins Oct. 4, but members of the public will not be allowed to be there.

Limit on food distribution to homeless people in parks violates First Amendment, 11th Circuit rules

A federal appeals court on Tuesday sided with a nonprofit organization that provides free food to homeless people in a park in Fort Lauderdale, Florida, finding that a city rule that limits the practice is unconstitutional.

9th Circuit orders lower court to review decision over accessibility at baseball stadium

A federal appeals court on Wednesday ruled in favor of plaintiffs who alleged that spectators using wheelchairs at T-Mobile Park, the home of the Seattle Mariners Major League Baseball team, had inadequate sightlines under the Americans with Disabilities Act.

At least 2 federal appeals courts require vaccinations for oral arguments; other circuits differ

Federal appeals courts “are implementing wildly different responses to the delta variant surge," according to an analysis by Law360.

‘I can’t keep up with you on this stuff,’ busy trial lawyer tells Georgia justices in public defender’s libel suit

A lawyer representing an assistant public defender in a libel suit on Tuesday struggled with some oral argument questions about whether his client was a public official, finally telling the Georgia Supreme Court that he would hire someone else to “argue appellate stuff” in the future.

Ineffective counsel at two levels entitles death row inmate to new sentencing, 4th Circuit says

A federal appeals court has ruled that a death row inmate in South Carolina is entitled to a new sentencing hearing because of failures by his trial counsel and appellate counsel.

Dissenting judge says 9th Circuit took habeas dysfunction to new level with ‘hypothetical dicta’

A federal circuit judge’s acidic dissent last week used cookies and lemonade analogies to make a point about a binding dicta rule and its potentials for misuse.

Appeals court vacates $1,000-per-day sanction against BigLaw lawyer

The Illinois Appellate Court's Second District has vacated a $1,000-per-day sanction imposed against a Winston & Strawn lawyer who refused to turn over emails in discovery in expectation of a contempt order that would allow for an appeal.

11th Circuit upholds CDC freeze on evictions due to COVID-19

A landlord’s inability to evict delinquent tenants during the COVID-19 pandemic does not constitute an irreparable injury, a federal appeals court has ruled.

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