Andrew L. Frey and Roy T. Englert, Jr., How to write a good appellate brief
Punching up your writing: Advice from the experts

Back issues of Certworthy: 1998 through 2005

Certworthy is the newsletter of the DRI Appellate Advocacy Committee.  Each issue features articles on various topics of interest to appellate lawyers, including legal writing, oral argument, and recent developments in the appellate courts - both substantive and procedural. To view the contents of past issues, click on "Continue reading ..." below.

Summer 2005

  • A Few Tips for Better Briefs, by Mark P. Painter
  • Rehearings En Banc in the Federal Courts of Appeals: The Good, the Bad, and the Unlikely, by Ralph W. Johnson III
  • Compendium of Appellate Bar Organizations, by John J. Bursch and Kathryn A. Wood
  • No Reply? by Thomas D. Hird
  • Punching Up Your Writing: Advice From the Experts, by Raymond P. Ward
  • Really Bad Oral Arguments, by Ellen B. Fishman
  • Blawg Review: Topical Takes, by Deborah A. Ausburn
  • Browsing the Bookshelf: David C. Frederick, Supreme Court and Appellate Advocacy: Mastering Oral Argument, book review by Roger D. Townsend

Winter 2005

  • Arguing for a Change in the Law, by Daniel S. Ratner
  • Lost Secrets Revealed: The Seven ABCs of Successful Appellate Advocacy, by Robert B. Gilbreath
  • Appealing to Judicial Snap Judgment, by John J. Bursch
  • Improving the Quality of Appellate Advocacy: Are We Listening? by Harold R. Rauzi
  • Blawg Review: A Roundup by State and Circuit, by Deborah A. Ausburn
  • Browsing the Bookshelf: Expectations: Teaching Writing From the Reader's Perspective, by George D. Gopen; book review by LeAnn Mercer Nealey

Summer 2004

Winter 2004

  • Blawg Review: Abstract Appeal, reviewed by Raymond P. Ward
  • Browsing the Bookshelf: Winning on Appeal: Better Briefs and Oral Argument (2d ed. 2003), by Ruggero J. Aldisert; book review by Robert N. Markle

Summer 2003

  • When a Good Trial Goes Bad: Reversible Misconduct by Opposing Counsel, by Katherine Eubank
  • The Effect of Trial Court Technology on the Appellate Record, by Kerrie B. Droban and Jason S. Rose
  • Positional Conflicts of Interest and the Appellate Counsel, by Roger W. Hughes

Winter 2003

  • A Word About the Last Word in Briefing, by Brian J. Paul
  • Challenges of Appellate Practice: The Defense Side, by Michael B. King
  • Humility, by Raymond P. Ward
  • ERISA Preemption of Claims Against Managed Care Organizations Based on State Law, by Michelle K. Buford

Summer 2002

  • Citation of Unpublished Opinions: The Ninth Circuit Offers Conflicting Opinions, by Stephanie Rae Williams
  • Boudreaux v. State: Dance With the Issues That Brung You, by Raymond P. Ward

Winter 2002

  • Reviewing Punitive Damage Awards: Cooper Industries v. Leatherman Tool. by Jennifer G. Prozinski and John M. Bredehoft
  • Appealing Bad Faith: Much More Than an Oxymoron, by Katherine Eubank
  • Advocacy Before State Supreme Courts, by Nancy A. Becker
  • Browsing the Bookshelf: May It Please the Court, edited by Peter Irons and Stephanie Guitton, book review by Jose D. Sosa
  • Ledet v. Seasafe: To Footnote or Not to Footnote, by Raymond P. Ward
  • Williams v. DART: Rule Denying Precedential Status to Unpublished Opinions Change Outcome, by Raymond P. Ward
  • The Art of the Posttrial Motion, by Melinda Kollross

Summer 2001

  • Why No-Citation Rules Are Unworkable, Unwise, and Unconstitutional; and How They Should Be Changed, by Richard L. Neumeier
  • Ethos and Advocacy, by Michael Ward
  • Requiem for a Briefwriter, by Katherine Bryan Jenks and Mark Herrmann
  • Candor During Oral Argument, by Richard H.C. Clay and Mark B. Wallace
  • The Theory on Appeal, by Scott B. Smith

Winter 2001

Summer 2000

  • Reconsidering Reconsideration: Are You Sure You Want to Do This? by Frederick D. Baker
  • The New Standard for Post-Verdict Motions for Judgment, by Frank E. Noyes
  • Settling Federal Cases on Appeal: A Trap for the Unwary, by Scott B. Smith
  • So Your Client Wants to Attend Oral Argument ..., by Richard H.C. Clay
  • Browsing the Bookshelf: Cures for the Legal Soul, by Scott P. Stolley (reviewing Benjamin Sells, The Soul of the Law; and Steven Keeva, Transforming Practices: Finding Joy and Satisfaction in the Legal Life)
  • A Law Clerk's View on Appellate Briefs, by Matthew J. Conigliaro

Winter 2000

  • Personal Jurisdiction and the Internet, by Ruth A. Silvers and Chester A. Makowski
  • Post-Trial ADR: The Appellate Mediation Option, by John B. Kearney
  • Who's on First? (Not Necessarily Subject-Matter Jurisdiction), by Robert N. Markle
  • The Importance of Opening in an Appellate Argument: A Case Study, by Jay M. Levin
  • Browsing the Bookshelf: Black's Law Dictionary (7th ed. 1999), edited by Bryan A. Garner, book review by David C. Levine
  • Civility in Legal Writing, by David C. Lewis

Summer 1999

  • Overcoming Preservation Problems and Supplementing the Record on Appeal, by Daniel S. Ratner
  • Appellate Advocacy From a Judge's Perspective, by Danny J. Boggs
  • Preserving Objections to a Federal Magistrate's Report, by Roger W. Hughes
  • The Importance of Ernest Oral Argument, by Raymond P. Ward
  • Writer's Corner: The Final Cut, by Charles T. Frazier, Jr.
  • Browsing the Bookshelf: Brain Droppings, by George Carlin, book review by Raymond P. Ward

Fall 1998

  • New Federal Rules of Appellate Procedure, by Alan. B. Daughtry
  • Circuit Breaking in the Ninth Circuit, by Diane R. Crowley
  • Having the Last Word: The Appellate Reply Brief, by Paul J. Killion
  • Oral Argument—California Style? by Douglas J. Collodel
  • Browsing the Bookshelf: Winning on Appeal: Better Briefs and Oral Argument, by Ruggero J. Aldisert (Rev. ed. 1996), book review by Steve Kerwick
  • Don't Write Like a Lawyer, by Christine R. Taradash

Spring 1998