Precedent Predicaments
By John E. Cutler Within our adversary system, the judicial branch resolves cases based on evidence and arguments presented by opposing parties.[i] As a general matter, courts do not look beyond the parties’ arguments to determine whether there might be…
Read Full ArticleAll the Pretty Horses: Preserving Issues for Appellate Review
By Ben P. McGreevy Beautiful Wild Horses in Spring. Photo Credit: @natureguy via Adobe Stock. “Between the wish and the thing the world lies waiting.”[i] When arguing an issue, one should take care to ensure that the issue is properly…
Read Full ArticleAppellate Mediations: The [Re]Discovered Country
By Leslie M.G. Hayes and Bryan A. Nickels “I Never Been Defeated and I Won’t Stop Now (Woo)”[i] – Why Would I Mediate on Appeal? There is always risk in litigation. However, mediation is a tool to help your client…
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