Welcome to the 2025 Summit Edition of Appellate Issues
Attendees at the Summit heard from a deep bench of talented jurists and practitioners on a wide array of topics.
Winter 2025
Articles
AJEI: Ten Years After Ferguson – What’s Changed?
This program provided historical context, explaining how court funding has shifted from general tax revenue to individuals involved in the justice system since the 1980s.
Playing Chess: How Appellate Lawyers Can Shape the Record Long Before Appeal
This panel discussion on the role of embedded appellate counsel in shaping trial records for successful appeals. Panelists emphasized that every case should be treated as a potential trial threat and…
Questions You Should Ask Before, and Must Be Able to Answer During, Appellate Oral Argument
Every appellate argument has three stages: preparation, argument, and aftermath. This insightful session, featuring a judicial clerk, a Justice, and an experienced appellate practitioner, outlined ea…
Transparency, Ethics, and the Judiciary
Ethical analysis differs for appellate and trial judges, even when principles remain the same, due to the smaller number of appellate judges.
AJEI 2024 Criminal Update
Dean Chemerinsky opened with an analysis of the Court’s shrinking criminal docket, noting fewer cases are coming from federal courts and no major new federal crimes are prompting review.
It’s Past Time for Real E-Briefing
Many lawyers fail to take full advantage of available tools for creating reader-friendly electronic briefs, despite their long-standing availability.
When Justice Fails: An Overview of Historic Threats to the Independence of the Judiciary
Judges sometimes make decisions that compromise judicial independence, integrity, and impartiality, violating their core duty. The discussion aimed to help attendees recognize similar threats in toda…
AJEI: Legal Writing- A Workshop in Practical Linguistics
This presentation at the 2024 AJEI Summit was an excellent workshop on issues in legal writing which we as attorneys sometimes fail to remember.
Beyond the Gavel: Ethics and Wellness for the Legal Community
Legal professionals face daily challenges that can impact their mental health, making it crucial to address these issues.
Articles
The Collective-Action Constitution
The U.S. Constitution was designed to resolve these weaknesses by establishing a stronger federal authority to maintain stability and cooperation among states.
Fireside Chat with Former Acting Solicitor General Neal Katyal
Circuit Judge Jacqueline Nguyen sat down for a robust fireside-style conversation with appellate luminary and legal scholar Neal Katya.
DEI is Not Officially Dead in the Legal Profession
The article summarized the authors’ study of how federal circuit court judges recruit and hire law clerks.
Dean Erwin Chemerinsky Reviews the Civil Cases of the Supreme Court’s October 2023 Term
A highlight of the annual AJEI conference is UC Berkeley Law Dean Erwin Chemerinsky’s summary and analysis of recent Supreme Court decisions.
Mind the Gap: Steps Appellate Judges Can Take to Strengthen the Public’s Understanding of the Judiciary
The increased reliance on social media as a news source has been well known for several years now, but appellate courts continue to fall further and further out of touch in this new media landscape.
John Adams and Thurgood Marshall: Running Against the Wind to Gain Liberty and Justice for All
Doing essential but unpopular things. This is how it was described the shared legacy of two men living in different centuries.
Reflecting on the Legacy of the Civil Rights Act of 1964
The legacy of the Civil Rights Act of 1964 is not just words on a piece of paper and that one result of the Act was violence against those who thought that these were not just words on paper.