Judge Harry Pregerson of the Ninth Circuit Court of Appeals co-authored a short article entitled, “The Seven Virtues of Appellate Brief Writing: An Update from the Bench,” 38 Southwestern L.Rev. 221 (2008). These virtues are: Continue reading
I apologize for the headline. It is misleading because the South Carolina Rules of Appellate Procedure do not provide for an addendum.
This differs from the federal rule. Rule 24.1(f) of the United States Supreme Court Rules requires that relevant constitutional provisions, statutes, and other texts be set out verbatim within the brief or within an appendix to the brief.
Last week, Justice Scalia reminded Assistant Solicitor General Joseph Palmore about this rule. Continue reading
Chief Judge Kozinski of the Ninth Circuit Court of Appeals once carefully explained to lawyers how to lose an appeal. His 1992 lecture, The Wrong Stuff, stressed three phases: Continue reading