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When you want the best advice on handling an appeal, turn to the classics. The classic book about how to write a brief and argue an appeal is Effective Appellate Advocacy, by Colonel Frederick Bernays Wiener. It originally appeared in 1950. Although revised and reprinted with new cases and examples in the 1960s and 1970s under the title Briefing and Arguing Federal Appeals, Wiener’s book is now out of print and largely forgotten. Yet, Wiener’s treatise is one of the finest books ever written about briefing and arguing an appeal. I have read it again and again.
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