Mastering Appellate Advocacy and Process covers the range of appellate procedures in use across the United States, from preserving error below and on appeal, filing the notice of appeal, compiling the record, as well as appealable orders and judgments, proper parties on appeal, and appellate jurisdiction. The book also covers legal analysis, drafting, and advocacy techniques used in preparing appellate briefs, as well as oral advocacy techniques in a discussion that is useful to novices and old hands. Written for practicing lawyers as well as students, the book also includes a chapter devoted to that particular law school exercise known as moot court, identifying how typical moot court competitions are like, and unlike, real world appellate practice. The authors delve into technical waters while maintaining an accessible tone and structure, taking nothing for granted in terms of pre-existing knowledge or experience in the appellate field.
How can you best persuade an appellate court to decide a case in your favor? This book is packed with useful examples and clever ancedotes that will sharpen your presentation and argument skills for use at the state, federal and Supreme Court level.
Mastering Trademark and Unfair Competition Law provides a clear and concise presentation of the basic principles underlying and the challenges facing a student or practitioner of trademark law in a digital age. This book traces the evolution of trademark law from its origin as a common law tort of unfair competition and associated common law trademark rights, to the most recent amendments to the federal Lanham Trademark Act. The book lays a solid foundation covering the basics of obtaining trademark and trade dress rights; federal trademark registration practice, including a discussion of practice before the TTAB; trademark infringement; defenses; and remedies. Mastering Trademark and Unfair Competition Law also has extensive coverage of the dilution of famous trademarks. Mastering Trademark and Unfair Competition Law thoroughly discusses all of the elements of the modern trademark practice. It has extensive discussions of new technologies such as Internet domain names, web pages, keyword advertising, virtual worlds, and computer games, as well as how trademark law has responded to the challenges presented by new forms of trademark use. There are chapters on cybersquatting under the Uniform Domain Name Resolution Policy (UDRP) and international trademark law including review of treaties such as the Paris Convention and the Madrid Protocol. The goal of this book is to ground the reader in the law, policies, and theories of trademark law so that the reader can better understand the legal and economic role of trademarks and brands in a modern economy.
Ralph Adam Fine, a Judge on the Wisconsin Court of Appeals since 1988, reveals how appellate judges, all over the country in state and federal courts, really decide cases, and how you can use that knowledge to win your appeal. In this lucid, step-by-step manual, Judge Fine explains and demonstrates how to write effective and persuasive briefs that will get the appellate judges to want you to win. The How-To-Win Appeal Manual - Fourth Edition will give you a judge's-eye-view of the appellate process: what works and why, what destroys effective advocacy, and how you can better represent your clients on appeal. You cannot afford to take or defend another appeal before you read The How-To-Win Appeal Manual! For the fourth edition, all of the chapters have been revised and updated. Content Highlights: How Judges Decide Cases (and Why That is Important To You)Too Many Cases - What the Heavy Appellate Caseloads Mean to You (and How You Can Get Your Briefs Noticed)The BriefHow to Give the Judges the Tools to Decide Your WayThe Keys to Writing an Effective and Persuasive BriefBe Honest and ForthrightHow to Make the Bad Facts Work for YouHow to Write a Powerful and Persuasive "Question Presented"How to Pick Your Best Issues (and Why This is Crucial)How to Write a Powerful and Persuasive "Statement of Facts" That Will Make the Court Want You to WinHow to Write a Powerful and Persuasive "Summary of Argument"How to Make the Statutes Relevant to Your Case Work For YouHow to Write a Forceful and Persuasive "Argument"How to Make the "Statement of the Case" ClearThe Real Role of the "Conclusion"How the Appendix Can Help You WinWhy You Should Always File a Reply Brief If You are the Appellant (and How to Use it to Nail Down Your Win)The Secrets of a Winning Oral Argument"Standards of Review" Dangers and Opportunities: How to Make Them Tools for VictoryHow to Avoid the "Black Hole of Waiver"Why the Typical Appellate Brief is Suicidal (and What you can do to Avoid Common but Deadly Traps)How to Use Unpublished DecisionsAdvocacy in the Real World: A Step-by-Step Analysis of Briefs in Two Real Cases ( A Civil Appeal and a Criminal Appeal)Learn What Appellate Judges Like and What They HatePractice Analyzing Issues to Come up with Winning ThemesPractice Honing-in on Your Most Powerful Points (and How to Avoid the Traps that Snare Other Lawyers)Practice Crafting a Winning, Powerful Brief That Judges Will Love to Read
Ralph Adam Fine, a Judge on the Wisconsin Court of Appeals since 1988, reveals how appellate judges, all over the country in state and federal courts, really decide cases, and how you can use that knowledge to win your appeal. In this lucid, step-by-step manual, Judge Fine explains and demonstrates how to write effective and persuasive briefs that will get the appellate judges to want you to win. The How-To-Win Appeal Manual - 3rd Edition will give you a judge's-eye-view of the appellate process: what works and why, what destroys effective advocacy, and how you can better represent your clients on appeal. You cannot afford to take or defend another appeal before you read The How-To-Win Appeal Manual! For the third edition, all of the chapters have been revised and updated, along with the addition of a new chapter on Oral Argument in the Real World. Content Highlights: How Judges Decide Cases (and Why That is Important To You) Too Many Cases - What the Heavy Appellate Caseloads Mean to You (and How You Can Get Your Briefs Noticed) The Brief How to Give the Judges the Tools to Decide Your Way The Keys to Writing an Effective and Persuasive Brief Be Honest and Forthright How to Make the Bad Facts Work for You How to Write a Powerful and Persuasive "Question Presented" How to Pick Your Best Issues (and Why This is Crucial) How to Write a Powerful and Persuasive "Statement of Facts" That Will Make the Court Want You to Win How to Write a Powerful and Persuasive "Summary of Argument" How to Make the Statutes Relevant to Your Case Work For You How to Write a Forceful and Persuasive "Argument" How to Make the "Statement of the Case" Clear The Real Role of the "Conclusion" How the Appendix Can Help You Win Why You Should Always File a Reply Brief If You are the Appellant (and How to Use it to Nail Down Your Win) The Secrets of a Winning Oral Argument "Standards of Review" Dangers and Opportunities: How to Make Them Tools for Victory How to Avoid the "Black Hole of Waiver" Why the Typical Appellate Brief is Suicidal (and What you can do to Avoid Common but Deadly Traps) How to Use Unpublished Decisions Advocacy in the Real World: A Step-by-Step Analysis of Briefs in Two Real Cases ( A Civil Appeal and a Criminal Appeal) Learn What Appellate Judges Like and What They Hate Practice Analyzing Issues to Come up with Winning Themes Practice Honing-in on Your Most Powerful Points (and How to Avoid the Traps that Snare Other Lawyers) Practice Crafting a Winning, Powerful Brief That Judges Will Love to Read
Designing Systems and Processes for Managing Disputes features a hands-on, interdisciplinary approach with wide-ranging practical applications. Seven real-life case studies and numerous examples have students designing and implementing a process for resolving and preventing disputes where traditional processes have failed. This is a must-read for students and practitioners alike. New to the Second Edition: A chapter-long focus on facilitation skills for designers The addition of a seventh central case study related to processes following the Trayvon Martin shooting in Sanford, Florida A new appendix with an overview of mediation for students who have not taken a prior course in mediation An interesting new story by a Brazilian judge who used Designing Systems and Processes for Managing Disputes to create new processes to resolve multiple cases, some pending over 20 years, arising from lands taken to create a new national park A new question focusing on the issues related to designing court-connected mediation programs Updates throughout all chapters and the appendix Professors and students will benefit from: Focus on skills development for dispute systems designers A multidisciplinary approach Biographies of designers, providing students with a sense of how to get into dispute systems design work An appendix assisting students who have no background in dispute resolution, with brief overviews of negotiation, mediation, and arbitration Problems and exercises to help students apply their learning Examples of complex disputes Featured disputes including eBay, a child abuse claims tribunals, court-related mediation, intra-institutional disputes, and community and post-violence conflicts
Mastering the Art of International Mooting: The structure, technique and rules of international mooting is a book that can be used by all levels of law students regardless of their background with international mooting. As law schools around the world develop courses that deal with international mooting, a practical technique-based mooting book will greatly add to the resources for this type of course. This book sets out the nature of the mooting exercise; the rationale for the exercise; how to analyse the fact-patterns; how to research and write skeleton arguments; and how to prepare for oral submissions. This book is unique, in that it provides strategies for moot students on how to deal with situations which may arise at international competitions. Examples of possible addresses to the Court are provided in the book, giving students options of what to say and do in specific situations. While this book also speaks about how to prepare for competitions, it also speaks to coaches of mooting teams. Strategies and tips are provided to present and future coaches in respect of selection of moot teams and judging mooting competitions. It is hoped that this book will increase the standard of mooting and eventual advocacy of law students and eventually lawyers.
