
Legal Director
Moskovitz Appellate Team
Myron is author of "Moskovitz on Appeal" (LexisNexis) and "Winning An Appeal" (5th ed., Carolina Academic Press). Moskovitz Appellate Team is a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms.
UC Berkeley SOL Boalt Hal
Columns
Title | Category | Published |
---|---|---|
The Problem Method Part V: Legal education in Japan - now | Education Law | Aug. 19, 2024 |
The Problem Method Part IV: My mission to Japan | Education Law | Aug. 5, 2024 |
The Problem Method Part III: Japan’s law school reform effort | Education Law | Jul. 15, 2024 |
The Problem Method Part II: The origin of American law teaching | Education Law | Jul. 1, 2024 |
The Problem Method Part I: What is it? | Legal Education | Jun. 17, 2024 |
A seamless web | Education Law | Jun. 3, 2024 |
Teaching Abroad Part III: My Mistake | Criminal | May 20, 2024 |
Teaching Abroad Part II: The Play | Legal Education | May 6, 2024 |
Teaching Abroad Part I: Bologna | Education Law | Apr. 15, 2024 |
Screening the good from the bad before filing an appeal | Appellate Practice | Apr. 1, 2024 |
'Forfeitures' on Appeal Part 2: Ensuring fairness to the parties | Appellate Practice | Mar. 18, 2024 |
'Forfeitures' on Appeal Part I: The basic rules | Appellate Practice | Mar. 4, 2024 |
A tale of two doggies | Constitutional Law | Feb. 12, 2024 |
Using ‘old’ precedent cases | Appellate Practice | Jan. 16, 2024 |
Using precedent to persuade | Appellate Practice, Law Practice | Jan. 2, 2024 |
How to use precedent cases | Judges and Judiciary | Dec. 18, 2023 |
On criticizing judges | Judges and Judiciary | Dec. 4, 2023 |
My second-most memorable client | Administrative/Regulatory, Land Use | Nov. 20, 2023 |
Part IV on interpreting our Constitution: protecting Individual Rights | Constitutional Law | Nov. 7, 2023 |
Part III on interpreting our Constitution: when to rule “That’s unconstitutional!” | Constitutional Law, U.S. Supreme Court | Oct. 17, 2023 |
Part II on interpreting our Constitution: the voters vs the judges | U.S. Supreme Court | Oct. 2, 2023 |
Part I on interpreting our Constitution: the traditional approaches | Constitutional Law | Sep. 18, 2023 |
My AI nightmare | Appellate Practice, Technology | Sep. 5, 2023 |
The joy of editing | Appellate Practice, Guide to Legal Writing, Law Practice | Aug. 21, 2023 |
The Strike! Part 4: At the bargaining table | Labor/Employment | Aug. 7, 2023 |
The Strike! Part 3: The picket line | Civil Rights | Jul. 17, 2023 |
The Strike! Part 2: Why California asparagus farmers ditched a legal battle and chose to strike instead | Civil Rights | Jul. 3, 2023 |
The Strike! Part 1: How it started | Law Practice | Jun. 19, 2023 |
Cancel “Berkeley?” | Legal Education | Jun. 5, 2023 |
Motions for summary judgment: Beware of “The UMF Trap!” | Civil Procedure | May 15, 2023 |
JUDGING BAD GUYS Part VI: How litigators might deal with it | Judges and Judiciary, Law Practice | May 1, 2023 |
JUDGING BAD GUYS. Part V: The Supreme Court nails the bad guy | Judges and Judiciary, U.S. Supreme Court | Apr. 17, 2023 |
JUDGING BAD GUYS. Part IV: A real world example | Judges and Judiciary | Apr. 3, 2023 |
JUDGING BAD GUYS. Part III: The effect on “the law” | Judges and Judiciary | Mar. 20, 2023 |
JUDGING BAD GUYS. Part II: The Study | Judges and Judiciary | Mar. 6, 2023 |
JUDGING BAD GUYS. Part I: The Problem | Judges and Judiciary | Feb. 21, 2023 |
Fighting for a “turnaround” | Ethics/Professional Responsibility, Law Practice | Feb. 6, 2023 |
Be kind to your reader | Appellate Practice, Law Practice | Jan. 17, 2023 |
The Welfare War - Part Four | Appellate Practice, Law Practice | Jan. 3, 2023 |
The Welfare War - Part Three | Government | Dec. 19, 2022 |
The Welfare War - Part Two | Government | Dec. 5, 2022 |
The Welfare War – Part One | Government | Nov. 21, 2022 |
Stress-Savers | Appellate Practice, Law Practice | Nov. 7, 2022 |
On Unanimous Opinions | Judges and Judiciary | Oct. 17, 2022 |
Biting the hand – redux | California Courts of Appeal, Judges and Judiciary | Oct. 3, 2022 |
Coercing Religion – Part Two | Civil Rights, Government | Sep. 19, 2022 |
Coercing Religion – Part One | Constitutional Law | Sep. 6, 2022 |
The Rent Control War - Part Three | Government, Real Estate/Development | Aug. 15, 2022 |
The Rent Control War - Part Two | Appellate Practice, Law Practice | Aug. 1, 2022 |
The Rent Control War: Part One | Government, Real Estate/Development | Jul. 18, 2022 |
A Formative Year | Appellate Practice, Law Practice | Jul. 5, 2022 |
Nuremberg: The Movie | Entertainment & Sports, Government | Jun. 20, 2022 |
Dressed to deceive | Appellate Practice, Ethics/Professional Responsibility, Law Practice | Jun. 7, 2022 |
Biting the hand that feeds me. Part 3: The appearance of justice | Appellate Practice, Judges and Judiciary | May 16, 2022 |
Biting the hand that feeds me Part 2: Calendar memos? | Appellate Practice, Judges and Judiciary, Law Practice | May 2, 2022 |
Biting the hand that feeds me: Part I | Appellate Practice, Law Practice | Apr. 14, 2022 |
THE ART OF DEEP PERSUASION | Appellate Practice, Law Practice | Mar. 29, 2022 |
Trial court winners can become appellate court losers | Appellate Practice, Law Practice | Mar. 22, 2022 |
Fighting for a ‘turnaround’ | Appellate Practice, Law Practice | Mar. 7, 2022 |
A Story Goes to Court: Part III | Appellate Practice, Law Practice | Feb. 22, 2022 |
A Story Goes to Court: Part II | Appellate Practice, Law Practice | Feb. 7, 2022 |
A Story Goes to Court: Part I | Appellate Practice, Law Practice | Jan. 18, 2022 |
When ‘the facts’ are not the facts | Appellate Practice, Law Practice | Jan. 3, 2022 |
Appellate Rituals | Appellate Practice, Law Practice | Dec. 20, 2021 |
My Most Memorable Client Part IV: The Verdict | Appellate Practice, Law Practice | Dec. 6, 2021 |
My Most Memorable Client Part III: The Closing Argument | Appellate Practice, Law Practice | Nov. 15, 2021 |
My Most Memorable Client Part II: The Trial | Appellate Practice, Law Practice | Nov. 1, 2021 |
My Most Memorable Client Part I: The Alleged Crime | Appellate Practice, Law Practice | Oct. 18, 2021 |
A column on columns | Law Practice | Oct. 4, 2021 |
‘PETITION DENIED’ | Appellate Practice, California Courts of Appeal, California Supreme Court | Sep. 20, 2021 |
More on trial court briefs | Appellate Practice, Judges and Judiciary, Law Practice | Sep. 7, 2021 |
What do you think? | Appellate Practice | Aug. 16, 2021 |
On trial court briefs: the judges speak | Appellate Practice, Law Practice | Aug. 2, 2021 |
On aggressive trial court briefs | Appellate Practice, Law Practice | Jul. 19, 2021 |
From the horse’s mouth | Appellate Practice, Judges and Judiciary | Jul. 6, 2021 |
Poker an appeals | Appellate Practice, Law Practice | Jun. 21, 2021 |
Tenacity | Appellate Practice, Law Practice | Jun. 7, 2021 |
Profile left out justice’s most admirable trait | Judges and Judiciary, Letters | May 19, 2021 |
On amicus letters | Appellate Practice | May 17, 2021 |
Appellate Adventures, Chapter 21: “I Won My Appeal! Now What? | Appellate Practice, Law Practice | May 3, 2021 |
Appellate Adventures, Chapter 20: "What Should I Do at Oral Argument" | Appellate Practice, Law Practice | Apr. 19, 2021 |
Abolish the peremptory challenge? | Criminal | Mar. 30, 2021 |
Appellate Adventures, Chapter 19: "How do I prepare for oral argument?" | Appellate Practice, Law Practice | Mar. 15, 2021 |
On justice delayed | Appellate Practice, California Courts of Appeal, Judges and Judiciary, Law Practice | Mar. 1, 2021 |
Appellate Adventures, Chapter 18: “How Can I Win at Oral Argument?” | Appellate Practice, Law Practice | Feb. 16, 2021 |
Appellate Adventures, Chapter 17: “How to I Write the Appellants Brief?” | Appellate Practice, Law Practice | Feb. 1, 2021 |
Bye bye bar exam? | Legal Education, State Bar & Bar Associations | Jan. 19, 2021 |
Appellate Adventures, Chapter 16: "What If I Were Writing a Brief for the Respondent?" | Appellate Practice, Law Practice | Jan. 4, 2021 |
Appellate Adventures, Chapter 15: "How Do I Write the Introduction and Summary of Argument?" | Appellate Practice, Law Practice | Dec. 21, 2020 |
Appellate Adventures, Chapter 14: "More Tips on Writing the Argument" | Appellate Practice, Law Practice | Dec. 7, 2020 |
The respondent’s brief | Appellate Practice | Nov. 16, 2020 |
Word Counts | Appellate Practice, Law Practice | Nov. 2, 2020 |
Adapting to conservative courts | Oct. 19, 2020 | |
'Law of the case': Mistakes appellate attorneys see over and over | Appellate Practice, Law Practice | Oct. 5, 2020 |
The eviction | Law Practice, Real Estate/Development | Sep. 21, 2020 |
The eviction | Law Practice, Real Estate/Development | Sep. 14, 2020 |
On Court | Appellate Practice, Law Practice | Sep. 8, 2020 |
In pro per | Appellate Practice, Law Practice | Aug. 17, 2020 |
Creative brief writing | Appellate Practice, Law Practice | Aug. 3, 2020 |
A ‘diploma privilege’? | Law Practice, Legal Education, State Bar & Bar Associations | Jul. 20, 2020 |
Read your oral argument??? | Appellate Practice | Jul. 6, 2020 |
Joe, part 2 | Appellate Practice, Constitutional Law, Law Practice | Jun. 16, 2020 |
Joe, part I | Appellate Practice, Constitutional Law, Law Practice | Jun. 1, 2020 |
Home schoolin’ | Appellate Practice | May 18, 2020 |
The virus on appeal, part 4 | Real Estate/Development, Appellate Practice | May 8, 2020 |
The virus on appeal, part 3 | Real Estate/Development, Appellate Practice | May 7, 2020 |
The virus on appeal, part 2 | Real Estate/Development, Appellate Practice | May 6, 2020 |
The virus on appeal | Appellate Practice, Real Estate/Development | May 5, 2020 |
Legal research, part 3 | Appellate Practice, Law Practice | Apr. 20, 2020 |
Legal research, part 2 | Appellate Practice | Apr. 6, 2020 |
Legal research part 1 | Appellate Practice, Law Practice | Mar. 23, 2020 |
The government lawyer | Appellate Practice, Government, Law Practice | Mar. 2, 2020 |
The government lawyer (part 1) | Admiralty/Maritime, Government, Law Practice | Feb. 18, 2020 |
Harmless error | Appellate Practice, Law Practice | Feb. 3, 2020 |
Write to dream | Appellate Practice, Law Practice | Jan. 21, 2020 |
Talking to strangers | Appellate Practice | Jan. 6, 2020 |
On law schools, part 3 | Law Practice | Dec. 16, 2019 |
On law schools (part 2) | Judges and Judiciary, Law Practice | Dec. 2, 2019 |
On law schools (part 1) | Judges and Judiciary, Law Practice | Nov. 18, 2019 |
College kids | Appellate Practice, Law Practice | Nov. 4, 2019 |
Laying traps | Appellate Practice, Law Practice | Oct. 21, 2019 |
Appellate lawyers in trial courts? | Appellate Practice, Civil Litigation | Oct. 7, 2019 |
On ‘published’ opinions | Appellate Practice, California Courts of Appeal, California Supreme Court, Law Practice | Sep. 11, 2019 |
In defense of a bird | Appellate Practice, Law Practice | Sep. 3, 2019 |
Appellate Adventures, Chapter 13, "How Do I Present the Outline of Argument?" | Appellate Practice, Civil Litigation, Law Practice | Aug. 19, 2019 |
Appellate Adventures, Chapter 12: "How Can I Use the Statement of Facts to Persuade? | Appellate Practice, Civil Litigation, Law Practice | Aug. 5, 2019 |
Appellate Adventures, Chapter 11: “Any More Tips on Drafting a Statement of Facts?” | Appellate Practice, Civil Litigation, Law Practice | Jul. 15, 2019 |
Appellate Adventures, Chapter 10: “If It Ain’t Clear, It Ain’t There!” | Appellate Practice, Civil Litigation, Law Practice | Jul. 1, 2019 |
Appellate Adventures, Chapter Nine: "Using the Record" | Appellate Practice, Civil Litigation, Law Practice | Jun. 17, 2019 |
What if... ? | Constitutional Law, Government, U.S. Supreme Court | Jun. 4, 2019 |
Constructing an appellate brief | Appellate Practice, Law Practice | May 20, 2019 |
From legal formalist to legal realist | Appellate Practice, California Courts of Appeal, California Supreme Court, Law Practice | May 6, 2019 |
Waive oral argument? | Appellate Practice, Law Practice | Apr. 15, 2019 |
On dissents | Appellate Practice, Judges and Judiciary | Apr. 1, 2019 |
Oral arguments before the California Supreme Court | Appellate Practice, California Supreme Court, Law Practice | Mar. 4, 2019 |
Oral arguments before the California Supreme Court | Appellate Practice, California Supreme Court | Feb. 19, 2019 |
Resolving Appeals Faster | Appellate Practice, California Courts of Appeal | Feb. 4, 2019 |
Resolving Appeals Faster | Appellate Practice, California Courts of Appeal | Jan. 22, 2019 |
Finding a fit | Nov. 19, 2018 | |
Let’s play ‘Let’s Suppose.’ | Appellate Practice, Law Practice | Oct. 15, 2018 |
Who is telling the truth? | Appellate Practice, Law Practice | Oct. 2, 2018 |
My campaign manager | Appellate Practice, Government | Sep. 17, 2018 |
Not my style | Appellate Practice, Law Practice | Sep. 4, 2018 |
Appellate Adventures, Chapter Eight: “How Do I Turn the Facts into a Story?” | Appellate Practice, Civil Litigation, Law Practice | Aug. 20, 2018 |
Appellate Adventures, Chapter Seven: "Is the Statement of Facts Important?" | Appellate Practice, Civil Litigation, Law Practice | Aug. 6, 2018 |
Appellate Adventures, Chapter Six: "How Do I Write the 'Procedural Facts'?" | Appellate Practice, Law Practice, Civil Litigation | Jul. 16, 2018 |
Appellate Adventures, Chapter Five: "Which Facts?" | Appellate Practice, Law Practice, Civil Litigation | Jul. 2, 2018 |
Appellate Adventures, Chapter Four: "The Brief: Where Do I Begin?" | Appellate Practice, Law Practice, Civil Litigation | Jun. 18, 2018 |
A frivolous appeal | Jun. 4, 2018 | |
Should lawyers ‘make up’ stories? | Appellate Practice, Law Practice | May 7, 2018 |
More on Losing | Appellate Practice, Law Practice | Apr. 2, 2018 |
On Losing | Appellate Practice, Law Practice | Mar. 19, 2018 |
Appellate Adventures, Chapter Three: “Let’s Appeal! Now What?” | Appellate Practice, Law Practice, Civil Litigation | Mar. 5, 2018 |
On Moot Court | Appellate Practice, Judges and Judiciary, Law Practice | Feb. 20, 2018 |
Appellate Adventures, Chapter Two: “What’s the Payout?” | Appellate Practice, Law Practice, Civil Litigation | Feb. 5, 2018 |
Appellate Adventures, Chapter One: “The Odds of Winning” | Appellate Practice, Law Practice, Civil Litigation | Jan. 22, 2018 |
Strategic reading | Appellate Practice, Judges and Judiciary, Law Practice | Jan. 8, 2018 |
Do I make myself clear? | Appellate Practice, Law Practice | Dec. 18, 2017 |
Thanks, CLRA | Appellate Practice, California Courts of Appeal, Labor/Employment, Law Practice | Dec. 4, 2017 |
Sometimes, an appellate court does find facts | Appellate Practice, California Courts of Appeal, Civil Litigation | Nov. 20, 2017 |
What do lawyers actually do? | Appellate Practice, Law Practice | Oct. 30, 2017 |
‘Realist’ or ‘formalist’: Part 2 | Appellate Practice, Judges and Judiciary | Oct. 16, 2017 |
‘Realist’ or ‘formalist’: Part 1 | Appellate Practice, Judges and Judiciary, Law Practice, Civil Litigation | Oct. 2, 2017 |
Can you DIG it, California Supreme Court? | Appellate Practice, California Supreme Court, Civil Litigation | Sep. 18, 2017 |
Filing the Notice of Appeal | Appellate Practice, Law Practice, Civil Litigation | Sep. 5, 2017 |
Setting up an appeal: Preparing the Statement of Decision | 9th U.S. Circuit Court of Appeals, Appellate Practice, California Courts of Appeal, California Supreme Court, U.S. Supreme Court | Aug. 21, 2017 |
Setting up an appeal — in the trial court | Appellate Practice, Law Practice, Civil Litigation | Aug. 7, 2017 |
Statement of Facts: Part VII | Appellate Practice | Jul. 17, 2017 |
Statement of Facts: Part VI | Appellate Practice | Jul. 3, 2017 |
Statement of Facts: Part V | Appellate Practice | Jun. 19, 2017 |
Statement of Facts: Part IV | Appellate Practice | Jun. 5, 2017 |
Statement of facts: Part III | Appellate Practice | May 15, 2017 |
Statement of facts: Part II | Appellate Practice | May 1, 2017 |
Statement of Facts: Part I | Appellate Practice | Apr. 17, 2017 |
Writs: Part III | Appellate Practice | Apr. 4, 2017 |
Writs: Part II | Appellate Practice | Mar. 20, 2017 |
Writs: Part I | Appellate Practice | Mar. 7, 2017 |
Thinking outside the American appellate box | Appellate Practice | Feb. 22, 2017 |
State high court's job, for now, isn't to fix errors | Appellate Practice | Feb. 7, 2017 |
On appeal, should we do as the Brits do? | Appellate Practice | Jan. 18, 2017 |
Know what the box is before you think outside of it | Appellate Practice | Jan. 4, 2017 |
Timing is everything, briefs included | Appellate Practice | Dec. 22, 2016 |
It matters | Appellate Practice | Dec. 6, 2016 |
Extremely Effective Advocacy Advice | Appellate Practice | Nov. 22, 2016 |
Concise is not the same as short | Appellate Practice | Nov. 8, 2016 |
You don't need 14,000 words | Appellate Practice | Oct. 18, 2016 |
They got it all wrong! | Appellate Practice | Oct. 4, 2016 |
Excellence is making the most of what you have to work with | Appellate Practice | Sep. 20, 2016 |
Your reply brief should reply, not repeat | Appellate Practice | Sep. 7, 2016 |
Preparation is over, it's time for oral argument | Appellate Practice | Aug. 16, 2016 |
Practice makes perfect | Appellate Practice | Aug. 2, 2016 |
Successful oral arguments require a little clairvoyance | Appellate Practice | Jul. 18, 2016 |
Appellate court judicial research staff attorney | Appellate Practice | Jul. 6, 2016 |
Appellate advocates, in fact, are not ostriches | Appellate Practice | Jun. 21, 2016 |
Weekly Appellate Report Podcast #8 Perulta, Halo & Art of Oral Argument | Appellate Practice | Jun. 17, 2016 |
What's the story? | Appellate Practice | Jun. 7, 2016 |
Appellate oral arguments should stress justice, not case law | Appellate Practice | May 17, 2016 |
Did I say 'law clerk'? | Appellate Practice | May 3, 2016 |
Oral argument: if not necessary, waive it goodbye | Appellate Practice | Apr. 19, 2016 |
Seeking review in the California Supreme Court | Appellate Practice | Mar. 16, 2016 |
Effective examples can give your brief some pizzazz | Appellate Practice | Nov. 5, 2015 |
When should clients pursue an appeal? | Appellate Practice | Sep. 18, 2015 |
Be aggressively reasonable in your briefs | Appellate Practice | Aug. 6, 2015 |
Should you anticipate arguments in opening briefs? | Appellate Practice | Jul. 7, 2015 |
Using precedent effectively in your briefs | Appellate Practice | Jun. 4, 2015 |
Law clerks at the state high court: then and now | Appellate Practice, California Supreme Court | May 14, 2015 |
Briefs: If it ain't clear, it ain't there | Appellate Practice | May 8, 2015 |
Should you use footnotes in briefs? Sure, but take it easy | Appellate Practice | Apr. 3, 2015 |
The Great Rent Control War | Government | Dec. 15, 2010 |
The Great Rent Control War | Government | Dec. 13, 2010 |
The Great Rent Control War | Dec. 10, 2010 | |
Abolish Oral Argument? | Appellate Practice | Sep. 9, 2010 |
Mysteries Of the Writ | Appellate Practice | Feb. 27, 2010 |
Mysteries of the Writ | Appellate Practice | Feb. 25, 2010 |
The Mysteries of Writs | Appellate Practice | Feb. 18, 2010 |
Field Work | Jul. 1, 2009 | |
Ill-Suited to Retail | Law Office Management | Oct. 2, 2007 |
Verdicts & Settlements
MCLE
Title | Category | Published |
---|---|---|
On amicus letters | Appellate Practice | May 17, 2021 |
Title | Category | Published |
---|---|---|
The Problem Method Part V: Legal education in Japan - now | Education Law | Aug. 19, 2024 |
The Problem Method Part IV: My mission to Japan | Education Law | Aug. 5, 2024 |
The Problem Method Part III: Japan’s law school reform effort | Education Law | Jul. 15, 2024 |
The Problem Method Part II: The origin of American law teaching | Education Law | Jul. 1, 2024 |
The Problem Method Part I: What is it? | Legal Education | Jun. 17, 2024 |
A seamless web | Education Law | Jun. 3, 2024 |
Teaching Abroad Part III: My Mistake | Criminal | May 20, 2024 |
Teaching Abroad Part II: The Play | Legal Education | May 6, 2024 |
Teaching Abroad Part I: Bologna | Education Law | Apr. 15, 2024 |
Screening the good from the bad before filing an appeal | Appellate Practice | Apr. 1, 2024 |
'Forfeitures' on Appeal Part 2: Ensuring fairness to the parties | Appellate Practice | Mar. 18, 2024 |
'Forfeitures' on Appeal Part I: The basic rules | Appellate Practice | Mar. 4, 2024 |
A tale of two doggies | Constitutional Law | Feb. 12, 2024 |
Using ‘old’ precedent cases | Appellate Practice | Jan. 16, 2024 |
Using precedent to persuade | Appellate Practice, Law Practice | Jan. 2, 2024 |
How to use precedent cases | Judges and Judiciary | Dec. 18, 2023 |
On criticizing judges | Judges and Judiciary | Dec. 4, 2023 |
My second-most memorable client | Administrative/Regulatory, Land Use | Nov. 20, 2023 |
Part IV on interpreting our Constitution: protecting Individual Rights | Constitutional Law | Nov. 7, 2023 |
Part III on interpreting our Constitution: when to rule “That’s unconstitutional!” | Constitutional Law, U.S. Supreme Court | Oct. 17, 2023 |
Part II on interpreting our Constitution: the voters vs the judges | U.S. Supreme Court | Oct. 2, 2023 |
Part I on interpreting our Constitution: the traditional approaches | Constitutional Law | Sep. 18, 2023 |
My AI nightmare | Appellate Practice, Technology | Sep. 5, 2023 |
The joy of editing | Appellate Practice, Guide to Legal Writing, Law Practice | Aug. 21, 2023 |
The Strike! Part 4: At the bargaining table | Labor/Employment | Aug. 7, 2023 |
The Strike! Part 3: The picket line | Civil Rights | Jul. 17, 2023 |
The Strike! Part 2: Why California asparagus farmers ditched a legal battle and chose to strike instead | Civil Rights | Jul. 3, 2023 |
The Strike! Part 1: How it started | Law Practice | Jun. 19, 2023 |
Cancel “Berkeley?” | Legal Education | Jun. 5, 2023 |
Motions for summary judgment: Beware of “The UMF Trap!” | Civil Procedure | May 15, 2023 |
JUDGING BAD GUYS Part VI: How litigators might deal with it | Judges and Judiciary, Law Practice | May 1, 2023 |
JUDGING BAD GUYS. Part V: The Supreme Court nails the bad guy | Judges and Judiciary, U.S. Supreme Court | Apr. 17, 2023 |
JUDGING BAD GUYS. Part IV: A real world example | Judges and Judiciary | Apr. 3, 2023 |
JUDGING BAD GUYS. Part III: The effect on “the law” | Judges and Judiciary | Mar. 20, 2023 |
JUDGING BAD GUYS. Part II: The Study | Judges and Judiciary | Mar. 6, 2023 |
JUDGING BAD GUYS. Part I: The Problem | Judges and Judiciary | Feb. 21, 2023 |
Fighting for a “turnaround” | Ethics/Professional Responsibility, Law Practice | Feb. 6, 2023 |
Be kind to your reader | Appellate Practice, Law Practice | Jan. 17, 2023 |
The Welfare War - Part Four | Appellate Practice, Law Practice | Jan. 3, 2023 |
The Welfare War - Part Three | Government | Dec. 19, 2022 |
The Welfare War - Part Two | Government | Dec. 5, 2022 |
The Welfare War – Part One | Government | Nov. 21, 2022 |
Stress-Savers | Appellate Practice, Law Practice | Nov. 7, 2022 |
On Unanimous Opinions | Judges and Judiciary | Oct. 17, 2022 |
Biting the hand – redux | California Courts of Appeal, Judges and Judiciary | Oct. 3, 2022 |
Coercing Religion – Part Two | Civil Rights, Government | Sep. 19, 2022 |
Coercing Religion – Part One | Constitutional Law | Sep. 6, 2022 |
The Rent Control War - Part Three | Government, Real Estate/Development | Aug. 15, 2022 |
The Rent Control War - Part Two | Appellate Practice, Law Practice | Aug. 1, 2022 |
The Rent Control War: Part One | Government, Real Estate/Development | Jul. 18, 2022 |
A Formative Year | Appellate Practice, Law Practice | Jul. 5, 2022 |
Nuremberg: The Movie | Entertainment & Sports, Government | Jun. 20, 2022 |
Dressed to deceive | Appellate Practice, Ethics/Professional Responsibility, Law Practice | Jun. 7, 2022 |
Biting the hand that feeds me. Part 3: The appearance of justice | Appellate Practice, Judges and Judiciary | May 16, 2022 |
Biting the hand that feeds me Part 2: Calendar memos? | Appellate Practice, Judges and Judiciary, Law Practice | May 2, 2022 |
Biting the hand that feeds me: Part I | Appellate Practice, Law Practice | Apr. 14, 2022 |
THE ART OF DEEP PERSUASION | Appellate Practice, Law Practice | Mar. 29, 2022 |
Trial court winners can become appellate court losers | Appellate Practice, Law Practice | Mar. 22, 2022 |
Fighting for a ‘turnaround’ | Appellate Practice, Law Practice | Mar. 7, 2022 |
A Story Goes to Court: Part III | Appellate Practice, Law Practice | Feb. 22, 2022 |
A Story Goes to Court: Part II | Appellate Practice, Law Practice | Feb. 7, 2022 |
A Story Goes to Court: Part I | Appellate Practice, Law Practice | Jan. 18, 2022 |
When ‘the facts’ are not the facts | Appellate Practice, Law Practice | Jan. 3, 2022 |
Appellate Rituals | Appellate Practice, Law Practice | Dec. 20, 2021 |
My Most Memorable Client Part IV: The Verdict | Appellate Practice, Law Practice | Dec. 6, 2021 |
My Most Memorable Client Part III: The Closing Argument | Appellate Practice, Law Practice | Nov. 15, 2021 |
My Most Memorable Client Part II: The Trial | Appellate Practice, Law Practice | Nov. 1, 2021 |
My Most Memorable Client Part I: The Alleged Crime | Appellate Practice, Law Practice | Oct. 18, 2021 |
A column on columns | Law Practice | Oct. 4, 2021 |
‘PETITION DENIED’ | Appellate Practice, California Courts of Appeal, California Supreme Court | Sep. 20, 2021 |
More on trial court briefs | Appellate Practice, Judges and Judiciary, Law Practice | Sep. 7, 2021 |
What do you think? | Appellate Practice | Aug. 16, 2021 |
On trial court briefs: the judges speak | Appellate Practice, Law Practice | Aug. 2, 2021 |
On aggressive trial court briefs | Appellate Practice, Law Practice | Jul. 19, 2021 |
From the horse’s mouth | Appellate Practice, Judges and Judiciary | Jul. 6, 2021 |
Poker an appeals | Appellate Practice, Law Practice | Jun. 21, 2021 |
Tenacity | Appellate Practice, Law Practice | Jun. 7, 2021 |
Profile left out justice’s most admirable trait | Judges and Judiciary, Letters | May 19, 2021 |
On amicus letters | Appellate Practice | May 17, 2021 |
Appellate Adventures, Chapter 21: “I Won My Appeal! Now What? | Appellate Practice, Law Practice | May 3, 2021 |
Appellate Adventures, Chapter 20: "What Should I Do at Oral Argument" | Appellate Practice, Law Practice | Apr. 19, 2021 |
Abolish the peremptory challenge? | Criminal | Mar. 30, 2021 |
Appellate Adventures, Chapter 19: "How do I prepare for oral argument?" | Appellate Practice, Law Practice | Mar. 15, 2021 |
On justice delayed | Appellate Practice, California Courts of Appeal, Judges and Judiciary, Law Practice | Mar. 1, 2021 |
Appellate Adventures, Chapter 18: “How Can I Win at Oral Argument?” | Appellate Practice, Law Practice | Feb. 16, 2021 |
Appellate Adventures, Chapter 17: “How to I Write the Appellants Brief?” | Appellate Practice, Law Practice | Feb. 1, 2021 |
Bye bye bar exam? | Legal Education, State Bar & Bar Associations | Jan. 19, 2021 |
Appellate Adventures, Chapter 16: "What If I Were Writing a Brief for the Respondent?" | Appellate Practice, Law Practice | Jan. 4, 2021 |
Appellate Adventures, Chapter 15: "How Do I Write the Introduction and Summary of Argument?" | Appellate Practice, Law Practice | Dec. 21, 2020 |
Appellate Adventures, Chapter 14: "More Tips on Writing the Argument" | Appellate Practice, Law Practice | Dec. 7, 2020 |
The respondent’s brief | Appellate Practice | Nov. 16, 2020 |
Word Counts | Appellate Practice, Law Practice | Nov. 2, 2020 |
Adapting to conservative courts | Oct. 19, 2020 | |
'Law of the case': Mistakes appellate attorneys see over and over | Appellate Practice, Law Practice | Oct. 5, 2020 |
The eviction | Law Practice, Real Estate/Development | Sep. 21, 2020 |
The eviction | Law Practice, Real Estate/Development | Sep. 14, 2020 |
On Court | Appellate Practice, Law Practice | Sep. 8, 2020 |
In pro per | Appellate Practice, Law Practice | Aug. 17, 2020 |
Creative brief writing | Appellate Practice, Law Practice | Aug. 3, 2020 |
A ‘diploma privilege’? | Law Practice, Legal Education, State Bar & Bar Associations | Jul. 20, 2020 |
Read your oral argument??? | Appellate Practice | Jul. 6, 2020 |
Joe, part 2 | Appellate Practice, Constitutional Law, Law Practice | Jun. 16, 2020 |
Joe, part I | Appellate Practice, Constitutional Law, Law Practice | Jun. 1, 2020 |
Home schoolin’ | Appellate Practice | May 18, 2020 |
The virus on appeal, part 4 | Real Estate/Development, Appellate Practice | May 8, 2020 |
The virus on appeal, part 3 | Real Estate/Development, Appellate Practice | May 7, 2020 |
The virus on appeal, part 2 | Real Estate/Development, Appellate Practice | May 6, 2020 |
The virus on appeal | Appellate Practice, Real Estate/Development | May 5, 2020 |
Legal research, part 3 | Appellate Practice, Law Practice | Apr. 20, 2020 |
Legal research, part 2 | Appellate Practice | Apr. 6, 2020 |
Legal research part 1 | Appellate Practice, Law Practice | Mar. 23, 2020 |
The government lawyer | Appellate Practice, Government, Law Practice | Mar. 2, 2020 |
The government lawyer (part 1) | Admiralty/Maritime, Government, Law Practice | Feb. 18, 2020 |
Harmless error | Appellate Practice, Law Practice | Feb. 3, 2020 |
Write to dream | Appellate Practice, Law Practice | Jan. 21, 2020 |
Talking to strangers | Appellate Practice | Jan. 6, 2020 |
On law schools, part 3 | Law Practice | Dec. 16, 2019 |
On law schools (part 2) | Judges and Judiciary, Law Practice | Dec. 2, 2019 |
On law schools (part 1) | Judges and Judiciary, Law Practice | Nov. 18, 2019 |
College kids | Appellate Practice, Law Practice | Nov. 4, 2019 |
Laying traps | Appellate Practice, Law Practice | Oct. 21, 2019 |
Appellate lawyers in trial courts? | Appellate Practice, Civil Litigation | Oct. 7, 2019 |
On ‘published’ opinions | Appellate Practice, California Courts of Appeal, California Supreme Court, Law Practice | Sep. 11, 2019 |
In defense of a bird | Appellate Practice, Law Practice | Sep. 3, 2019 |
Appellate Adventures, Chapter 13, "How Do I Present the Outline of Argument?" | Appellate Practice, Civil Litigation, Law Practice | Aug. 19, 2019 |
Appellate Adventures, Chapter 12: "How Can I Use the Statement of Facts to Persuade? | Appellate Practice, Civil Litigation, Law Practice | Aug. 5, 2019 |
Appellate Adventures, Chapter 11: “Any More Tips on Drafting a Statement of Facts?” | Appellate Practice, Civil Litigation, Law Practice | Jul. 15, 2019 |
Appellate Adventures, Chapter 10: “If It Ain’t Clear, It Ain’t There!” | Appellate Practice, Civil Litigation, Law Practice | Jul. 1, 2019 |
Appellate Adventures, Chapter Nine: "Using the Record" | Appellate Practice, Civil Litigation, Law Practice | Jun. 17, 2019 |
What if... ? | Constitutional Law, Government, U.S. Supreme Court | Jun. 4, 2019 |
Constructing an appellate brief | Appellate Practice, Law Practice | May 20, 2019 |
From legal formalist to legal realist | Appellate Practice, California Courts of Appeal, California Supreme Court, Law Practice | May 6, 2019 |
Waive oral argument? | Appellate Practice, Law Practice | Apr. 15, 2019 |
On dissents | Appellate Practice, Judges and Judiciary | Apr. 1, 2019 |
Oral arguments before the California Supreme Court | Appellate Practice, California Supreme Court, Law Practice | Mar. 4, 2019 |
Oral arguments before the California Supreme Court | Appellate Practice, California Supreme Court | Feb. 19, 2019 |
Resolving Appeals Faster | Appellate Practice, California Courts of Appeal | Feb. 4, 2019 |
Resolving Appeals Faster | Appellate Practice, California Courts of Appeal | Jan. 22, 2019 |
Finding a fit | Nov. 19, 2018 | |
Let’s play ‘Let’s Suppose.’ | Appellate Practice, Law Practice | Oct. 15, 2018 |
Who is telling the truth? | Appellate Practice, Law Practice | Oct. 2, 2018 |
My campaign manager | Appellate Practice, Government | Sep. 17, 2018 |
Not my style | Appellate Practice, Law Practice | Sep. 4, 2018 |
Appellate Adventures, Chapter Eight: “How Do I Turn the Facts into a Story?” | Appellate Practice, Civil Litigation, Law Practice | Aug. 20, 2018 |
Appellate Adventures, Chapter Seven: "Is the Statement of Facts Important?" | Appellate Practice, Civil Litigation, Law Practice | Aug. 6, 2018 |
Appellate Adventures, Chapter Six: "How Do I Write the 'Procedural Facts'?" | Appellate Practice, Law Practice, Civil Litigation | Jul. 16, 2018 |
Appellate Adventures, Chapter Five: "Which Facts?" | Appellate Practice, Law Practice, Civil Litigation | Jul. 2, 2018 |
Appellate Adventures, Chapter Four: "The Brief: Where Do I Begin?" | Appellate Practice, Law Practice, Civil Litigation | Jun. 18, 2018 |
A frivolous appeal | Jun. 4, 2018 | |
Should lawyers ‘make up’ stories? | Appellate Practice, Law Practice | May 7, 2018 |
More on Losing | Appellate Practice, Law Practice | Apr. 2, 2018 |
On Losing | Appellate Practice, Law Practice | Mar. 19, 2018 |
Appellate Adventures, Chapter Three: “Let’s Appeal! Now What?” | Appellate Practice, Law Practice, Civil Litigation | Mar. 5, 2018 |
On Moot Court | Appellate Practice, Judges and Judiciary, Law Practice | Feb. 20, 2018 |
Appellate Adventures, Chapter Two: “What’s the Payout?” | Appellate Practice, Law Practice, Civil Litigation | Feb. 5, 2018 |
Appellate Adventures, Chapter One: “The Odds of Winning” | Appellate Practice, Law Practice, Civil Litigation | Jan. 22, 2018 |
Strategic reading | Appellate Practice, Judges and Judiciary, Law Practice | Jan. 8, 2018 |
Do I make myself clear? | Appellate Practice, Law Practice | Dec. 18, 2017 |
Thanks, CLRA | Appellate Practice, California Courts of Appeal, Labor/Employment, Law Practice | Dec. 4, 2017 |
Sometimes, an appellate court does find facts | Appellate Practice, California Courts of Appeal, Civil Litigation | Nov. 20, 2017 |
What do lawyers actually do? | Appellate Practice, Law Practice | Oct. 30, 2017 |
‘Realist’ or ‘formalist’: Part 2 | Appellate Practice, Judges and Judiciary | Oct. 16, 2017 |
‘Realist’ or ‘formalist’: Part 1 | Appellate Practice, Judges and Judiciary, Law Practice, Civil Litigation | Oct. 2, 2017 |
Can you DIG it, California Supreme Court? | Appellate Practice, California Supreme Court, Civil Litigation | Sep. 18, 2017 |
Filing the Notice of Appeal | Appellate Practice, Law Practice, Civil Litigation | Sep. 5, 2017 |
Setting up an appeal: Preparing the Statement of Decision | 9th U.S. Circuit Court of Appeals, Appellate Practice, California Courts of Appeal, California Supreme Court, U.S. Supreme Court | Aug. 21, 2017 |
Setting up an appeal — in the trial court | Appellate Practice, Law Practice, Civil Litigation | Aug. 7, 2017 |
Statement of Facts: Part VII | Appellate Practice | Jul. 17, 2017 |
Statement of Facts: Part VI | Appellate Practice | Jul. 3, 2017 |
Statement of Facts: Part V | Appellate Practice | Jun. 19, 2017 |
Statement of Facts: Part IV | Appellate Practice | Jun. 5, 2017 |
Statement of facts: Part III | Appellate Practice | May 15, 2017 |
Statement of facts: Part II | Appellate Practice | May 1, 2017 |
Statement of Facts: Part I | Appellate Practice | Apr. 17, 2017 |
Writs: Part III | Appellate Practice | Apr. 4, 2017 |
Writs: Part II | Appellate Practice | Mar. 20, 2017 |
Writs: Part I | Appellate Practice | Mar. 7, 2017 |
Thinking outside the American appellate box | Appellate Practice | Feb. 22, 2017 |
State high court's job, for now, isn't to fix errors | Appellate Practice | Feb. 7, 2017 |
On appeal, should we do as the Brits do? | Appellate Practice | Jan. 18, 2017 |
Know what the box is before you think outside of it | Appellate Practice | Jan. 4, 2017 |
Timing is everything, briefs included | Appellate Practice | Dec. 22, 2016 |
It matters | Appellate Practice | Dec. 6, 2016 |
Extremely Effective Advocacy Advice | Appellate Practice | Nov. 22, 2016 |
Concise is not the same as short | Appellate Practice | Nov. 8, 2016 |
You don't need 14,000 words | Appellate Practice | Oct. 18, 2016 |
They got it all wrong! | Appellate Practice | Oct. 4, 2016 |
Excellence is making the most of what you have to work with | Appellate Practice | Sep. 20, 2016 |
Your reply brief should reply, not repeat | Appellate Practice | Sep. 7, 2016 |
Preparation is over, it's time for oral argument | Appellate Practice | Aug. 16, 2016 |
Practice makes perfect | Appellate Practice | Aug. 2, 2016 |
Successful oral arguments require a little clairvoyance | Appellate Practice | Jul. 18, 2016 |
Appellate court judicial research staff attorney | Appellate Practice | Jul. 6, 2016 |
Appellate advocates, in fact, are not ostriches | Appellate Practice | Jun. 21, 2016 |
Weekly Appellate Report Podcast #8 Perulta, Halo & Art of Oral Argument | Appellate Practice | Jun. 17, 2016 |
What's the story? | Appellate Practice | Jun. 7, 2016 |
Appellate oral arguments should stress justice, not case law | Appellate Practice | May 17, 2016 |
Did I say 'law clerk'? | Appellate Practice | May 3, 2016 |
Oral argument: if not necessary, waive it goodbye | Appellate Practice | Apr. 19, 2016 |
Seeking review in the California Supreme Court | Appellate Practice | Mar. 16, 2016 |
Effective examples can give your brief some pizzazz | Appellate Practice | Nov. 5, 2015 |
When should clients pursue an appeal? | Appellate Practice | Sep. 18, 2015 |
Be aggressively reasonable in your briefs | Appellate Practice | Aug. 6, 2015 |
Should you anticipate arguments in opening briefs? | Appellate Practice | Jul. 7, 2015 |
Using precedent effectively in your briefs | Appellate Practice | Jun. 4, 2015 |
Law clerks at the state high court: then and now | Appellate Practice, California Supreme Court | May 14, 2015 |
Briefs: If it ain't clear, it ain't there | Appellate Practice | May 8, 2015 |
Should you use footnotes in briefs? Sure, but take it easy | Appellate Practice | Apr. 3, 2015 |
The Great Rent Control War | Government | Dec. 15, 2010 |
The Great Rent Control War | Government | Dec. 13, 2010 |
The Great Rent Control War | Dec. 10, 2010 | |
Abolish Oral Argument? | Appellate Practice | Sep. 9, 2010 |
Mysteries Of the Writ | Appellate Practice | Feb. 27, 2010 |
Mysteries of the Writ | Appellate Practice | Feb. 25, 2010 |
The Mysteries of Writs | Appellate Practice | Feb. 18, 2010 |
Field Work | Jul. 1, 2009 | |
Ill-Suited to Retail | Law Office Management | Oct. 2, 2007 |
Title | Category | Published |
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On amicus letters | Appellate Practice | May 17, 2021 |