This Nutshell provides a comprehensive overview of federal appellate practice and procedure, suitable for practicing lawyers as a deskbook, and for law students as a study aid. It focuses both on the federal courts of appeals and on the US Supreme Court. Federal circuit court topics include, among others, preservation of error, the final judgment rule and its exceptions, the notice of appeal, parties to the appeal, relief pending appeal, standards and scope of review, briefing and oral argument, alternative dispute resolution, entry of judgment, and rehearing en banc. Supreme Court topics include, among others, jurisdiction over federal cases, jurisdiction over state cases, the certiorari process, original jurisdiction, briefing and oral argument, and the role of the Solicitor General. Also included are discussions of the structure and caseloads of the federal appellate system, appellate ethics and professionalism, certification of issues to state courts, and the future of appellate justice.
Author: Linda Friedman Ramirez
Publisher: Juris Publishing, Inc.
Release Date: 2010-08-01
The one essential treatise for representing immigrant and diverse clients, up to date with Padilla v Kentucky, with jurisprudence and practice tips relevant to all stages of representation, from interviewing clients to handling post conviction and relief. This treatise will be of interest to public defender offices as well as private practitioners.Keeping pace with the rapidly changing face of America, Cultural Issues in Criminal Defense -3rd edition is the complete reference guide to one of the most challenging and topical subjects in contemporary criminal law. Cultural Issues in Criminal Defense is an indispensable book for the criminal defense lawyer representing people from other cultures, nationalities or ethnic backgrounds. Lawyers defending these individuals face a host of characteristic concerns that include cultural barriers to communication, the need for qualified interpreters, unique Fourth and Fifth Amendment issues, cultural defenses, issues involving Native Americans, the immigration consequences of a conviction, and distinctive sentencing issues. Packed with practice tips and helpful precedent cases, Cultural Issues in Criminal Defense is the only book on the market that walks the practitioner through these issues in a clear, comprehensive and systematic way. Extensively updated and expanded for its third edition, the guide now includes chapters on stimulating new subjects such as consular assistance issues, gathering evidence abroad, language proficiency concerns and international prisoner transfers.
Author: Sam Kamin
Publisher: West Academic Publishing
Release Date: 2013
This book provides a comprehensive overview of modern and historical understandings of the pre-trial rights guaranteed by the Fourth, Fifth, and Sixth Amendments. Rather than focusing on holdings, it focuses on concepts and rationales. Carefully edited majority, concurring, and dissenting opinions convey the development of criminal constitutional law, exposing recurring themes and ideas across cases and over the decades. The Supreme Court's classic and recent cases are organized around a politically agnostic conceptual approach, allowing students to grasp competing theories for understanding the key concepts underlying searches and seizures, interrogations, and the exclusionary rules. "Points for Discussion" following each case focus students on the points of contention among the justices, facilitating class preparation. The included online version links to historical materials and legal sources on Westlaw® and the Internet.
Author: Ross Guberman
Publisher: Oxford University Press
Release Date: 2014-04
In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.
Author: Robert A. Gorman
Publisher: Juris Publishing, Inc.
Release Date: 2013-07-03
Labor Law Analysis and Advocacy presents in detail, but within a single volume, the interpretation of the National Labor Relations Act as developed by the federal courts and the National Labor Relations Board. The book explores the pertinent legal rules as currently interpreted and applied; as well as the evolution and underlying purposes of the rules, the persuasiveness of the court and NLRB decisions, and the significant open issues. A unique and important feature is the treatment of matters of practice, procedure and strategy that are of importance to the practicing attorney, whether representing management, labor, employees or the government. Practice tips are interspersed throughout as "Advocate Practice Points" translating the legal rules into advice and strategies. These tips address the practicalities of labor law, and set forth thoughtful advice for use in common real-life situations, from the perspective of both labor and management. Labor Law Analysis and Advocacy is largely derived from a treatise in the Hornbook series (West Publishing Co.) written initially in 1976 (by Professor Gorman) and revised by Professors Gorman and Finkin in 2004. The principal audiences for this publication are both generalist and specialist practitioners, ranging from those interested in an introduction to basic labor law principles to those interested in the specifics of their application, whether presenting cases before courts or the NLRB or advising clients about concerted activities or collective bargaining. Labor Law Analysis and Advocacy is also of value to federal judges and their law clerks, and to students doing basic or advanced study in labor law.
Author: David D. Siegel
Publisher: West Academic Publishing
Release Date: 2011
Described by many lawyers as the bible of New York practice, Siegel's Hornbook on New York Practice serves as the complete guide to civil practice in New York state courts, with a broad perspective in each subject. Used by students, lawyers, and judges alike and cited in thousands of New York cases, it discusses such topics as statutes of limitations, personal jurisdiction, appearance, venue, parties, papers, pleadings, motion practice, accelerated judgment, provisional remedies, disclosure, pretrial incidents, judgment, arbitration, and res judicata. The hornbook addresses pitfalls for practicing attorneys and judges. To eliminate the gap between what a student learns in law school and what a new lawyer actually needs to know in practice, the book starts from scratch on subjects, rather then assuming knowledge. This time-saving reference guide contains a Westlaw appendix; expert commentary; footnote citations to leading court decisions; and tables of cases, statutes and court r