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Fall 2014
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Appell Advcy (LAW-847-003)
Smith

Meets: 08:00 PM - 09:50 PM (T) - Room 627

Enrolled: / Limit:


Notices

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Description

This course examines appellate advocacy in civil cases, particularly in federal court. Students will study the fundamentals of appellate procedure, including jurisdiction, standards of review, and issue preservation. The focus of the class is learning effective appellate brief writing and oral argument techniques. The course is experiential and practical, and designed to provide students skills as well as substantive knowledge. Students learn appellate advocacy not only through readings and class discussion, but also through written and oral exercises. Students complete several short writing assignments designed to help them sharpen their written advocacy in the specific context of a federal appellate brief. Students also participate in oral argument exercises in class as advocates and judges, and critique their classmates' oral advocacy in these exercises. The course culminates in a graded Final Oral Argument, which the student presents to a panel of appellate practitioners, and a Final Brief, which is a complete appellate brief drafted in compliance with the Federal Rules of Appellate Procedure and a designated Circuit's Local Rules.

Textbooks and Other Materials

The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check here to determine if books are currently available for purchase at the AU Campus Store.

First Class Readings

During our first Appellate Advocacy Class (8/26), we will be discussing appellate advocacy in general and beginning to discuss appellate oral argument and brief writing. Please read the following items to prepare (the articles are in the coursepak on MyWCL):
Federal Rules of Appellate Procedure 28, 30, 32 DC and Fourth Circuit Brief Checklists (available on court web pages)
Wald, 19 Tips from 19 Years on the Appellate Bench, 1 J. App. Prac. & Process 7 (1999)
Kozinsky, The Wrong Stuff, 1992 BYU L. Rev. 325 (1999) Raymond T. Elligett, Jr. & John M. Scheb, Stating the Case and Facts: Foundation of the Appellate Brief, 32 Stetson L. Rev. 415 (2003)
Jon O. Newman, Decretal Language: Last Words of an Appellate Opinion, 70 Brooklyn L. Rev. 727 (2005)