2024 Winter Issue

Articles

Litigation & Trials

Editor's Note

By: Nancy M. Olson

This issue is dedicated to memorializing the panel presentations at the AJEI Summit in Washington, D.C. Attendees at the Summit heard from a deep bench of talented jurists and practitioners on a wide array of topics.

Military & Veterans

The Importance and Impact of U.S. Appellate Courts of Special Jurisdiction

By: Mark Magyar

The majority of practitioners seldom have cause to appear in a court of special jurisdiction, but the importance of these courts and the impact their decisions have on millions of cannot be overstated.

Courts & Judiciary

Bench & Bar Pipeline

By: M. Courtney Koger

Diversity, Equity, and Inclusion is the driving force on how to attract diverse attorneys into the world of appellate practice, according to this panel on the Bench & Bar Pipeline.

Government

McCulloch v. Maryland: One-Stop Shopping for Textual Interpretive Methods

By: Leah Spero

In McCulloch, the Supreme Court articulated fundamental principles about the broad scope of the federal government’s implied powers, but McCulloch did not put to rest disagreements about the extent of the federal government’s power.

Rule Of Law

A Joinder of Inspiration

By: Jessica Ballard-Barnett

Consider the purposeful parallels between and the subsequent legislation stemming from President Lincoln's Gettysburg Address and Dr. King’s I Have a Dream speech as both reached significant anniversaries in 2023.

Courts & Judiciary

Making Non-Argument Sections of Briefs Persuasive

By: Devin C. Dolive

All that glitters is not gold. All that persuades is not argument. It's a mistake to view non-argument sections of briefs as peripheral to your argument. Few judges will read an appellate brief in one sitting, and you never know where they'll start.

Courts & Judiciary

Changing Voir Dire Standards

By: Ann Keith

What does jury selection have to do with appellate judges? This session at the 2023 AJEI Summit emphasized the critical importance of jury diversity and highlighted the role of appellate judges in ensuring jury panel diversity.

Artificial Intelligence & Robotics

Artificial Intelligence: A path to shorter workdays or the demise of human viewpoint?

By: Briana Combs

AI has become an important part of our lives, but what is its place in the legal arena and is the potential benefit really worth the risk?

Appellate Practice

Pop Culture References & Humor

By: Michael James Bruzik

The consequences of our legal system may be no laughing matter, but humor and pop culture references can be an engaging technique that helps attorneys set their work apart from monotonous briefing that sometimes characterizes our profession.

Appellate Practice

Ethics of Recusal & Disqualification

By: Joseph Davis

Appropriate recusal and disqualification for lawyers and judges can present ethical concerns within the judicial system.

Articles

Military

Victims’ Rights, Sentencing Reform, and a Civilian-Military Dialogue on the Implementation of Criminal Justice Initiatives

By: Bobby Luyties

In the last two decades, both the civilian and military criminal justice systems have enhanced victims’ rights and aligned closely in terms of sentencing. The alignment has become so pronounced that distinctions between the two are being questioned.

Ethics

Fireside Chat: Justice Brett Kavanaugh and Judge J. Michelle Childs

By: Kelechukwu Chidi Onyejekwe and Namosha Boykin

Neither jurist came to sell anything - no book, no project, no charity. Just public service. Judge Childs led Justice Kavanaugh through the chat with questions about his career, advice for practitioners and judges, influences, and experience.

Administrative Law

Appellate Judges Education Institute: Supreme Court Preview

By: Chantel L. Febus

The preview kicked off with a riveting exploration of emerging themes and trends. The speaker, in tune with the pulse of the Supreme Court, hinted at a potential appetite among certain justices to up the ante on the number of merits cases per term.

Appellate Practice

The Art of Rebuttal

By: John M. Baker

This session offered insights into how skilled advocates handle rebuttals and prioritize topics for the rebutting attorney to address.

Rule Of Law

Dean Erwin Chemerinsky Reviews the Civil Cases of the Supreme Court’s October 2022 Term

By: James Azadian

The October 2022 term marked a significant period for the Supreme Court, during which the Court overturned precedent in key areas such as abortion, gun rights, religion, and affirmative action.

Litigation & Trials

What’s in a Name: Dictionaries as Interpretive Authority

By: Jane Dall Wilson

Citing a dictionary as support for how a word or phrase is interpreted is not uncommon, but this practice is evolving and carries risks. There are virtues and vices in relying on one of our most basic reference sources.

Appellate Practice

Fireside Chat with U.S. Solicitor General Elizabeth Prelogar

By: Gretchen Harris Sperry

Judge Michelle Childs and Justice Bob Edmunds (Ret.) moderated this in-depth and wide-ranging discussion with U.S Solicitor General Elizabeth Prelogar, which at times felt like watching old friends catch up over a cup of coffee.

Appellate Practice

Other Side of the Lectern: Trading Places

By: Aarin E. Kevorkian

This panel dove straight into key aspects of appellate advocacy, including overarching strategies, written briefs, oral arguments, and the ethical considerations of representing clients as a former judge.

Renew Your ABA Membership

2024 Winter Issue

The Supreme Court and the American Constitutional System

Articles

Editor's Note

The Importance and Impact of U.S. Appellate Courts of Special Jurisdiction

Bench & Bar Pipeline

McCulloch v. Maryland: One-Stop Shopping for Textual Interpretive Methods

A Joinder of Inspiration

Making Non-Argument Sections of Briefs Persuasive

Changing Voir Dire Standards

Artificial Intelligence: A path to shorter workdays or the demise of human viewpoint?

Pop Culture References & Humor

Ethics of Recusal & Disqualification

Articles

Victims’ Rights, Sentencing Reform, and a Civilian-Military Dialogue on the Implementation of Criminal Justice Initiatives

Fireside Chat: Justice Brett Kavanaugh and Judge J. Michelle Childs

Appellate Judges Education Institute: Supreme Court Preview

The Art of Rebuttal

Dean Erwin Chemerinsky Reviews the Civil Cases of the Supreme Court’s October 2022 Term

What’s in a Name: Dictionaries as Interpretive Authority

Fireside Chat with U.S. Solicitor General Elizabeth Prelogar

Other Side of the Lectern: Trading Places

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

2024 Winter Issue

The Supreme Court and the American Constitutional System

Articles

Editor's Note

The Importance and Impact of U.S. Appellate Courts of Special Jurisdiction

Bench & Bar Pipeline

McCulloch v. Maryland: One-Stop Shopping for Textual Interpretive Methods

A Joinder of Inspiration

Making Non-Argument Sections of Briefs Persuasive

Changing Voir Dire Standards

Artificial Intelligence: A path to shorter workdays or the demise of human viewpoint?

Pop Culture References & Humor

Ethics of Recusal & Disqualification

Articles

Victims’ Rights, Sentencing Reform, and a Civilian-Military Dialogue on the Implementation of Criminal Justice Initiatives

Fireside Chat: Justice Brett Kavanaugh and Judge J. Michelle Childs

Appellate Judges Education Institute: Supreme Court Preview

The Art of Rebuttal

Dean Erwin Chemerinsky Reviews the Civil Cases of the Supreme Court’s October 2022 Term

What’s in a Name: Dictionaries as Interpretive Authority

Fireside Chat with U.S. Solicitor General Elizabeth Prelogar

Other Side of the Lectern: Trading Places

ABA Resources

The ABA

Connect