Articles
A New Public Interest Appellate Model: Public Counsel’s Court-Based Self-Help Clinic and Pro Bono “Triage” for Indigent Pro Se Civil Litigants on Appeal, Journal of Appellate Practice & Process (2011)
A variety of new “pro se” or “pro bono” appellate programs have been sprouting up...
Rethinking Rule 59's Appellate 'Waiver' for Magistrate Judge Adjudication Post-Olano, Chapman Journal of Criminal Justice (2011)
In 1985, the U.S. Supreme Court held in Thomas v. Arn that a federal court...
Opinion Writing and Opinion Readers, Cardozo Law Review (2009)
The authors - a federal appellate judge and his law clerks - bring unique perspectives...
Not Taking Frivolity Lightly: Circuit Variance in Determining Frivolous Appeals Under Federal Rule of Appellate Procedure 38, University of Arkansas Law Review (2009)
The availability of appellate review is integral to our contemporary justice system and serves important...
California's Dueling Harmless Error Standards: Approaches to Federal Constitutional Error in Civil Trials and Establishing the Proper Test for Dependency, Western State University Law Review (2008)
For forty years, California appellate courts generally have applied one discrete harmless error test for...