最高の Appellate ポッドキャスト (2024)

1
End the Bar Exam? with Jackie Gardina 46:49

5d ago46:49

46:49

Jackie Gardina shares dispatches from the Blue Ribbon Commission on reforming the Bar Exam, covering recent reforms, the ongoing debate about the exam’s effectiveness, and the rise of alternative pathways to legal licensure. Some takeaways: 💯 Yes, the passing score was dropped—but don’t worry, the old one was picked out of a hat (basically). 🗯️“End…

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Looking Back and Looking Forward | Chief Justice Nathan Hecht 50:19

10d ago50:19

50:19

Chief Justice Nathan Hecht is retiring after an extraordinary 43 years on the bench. In this special episode, he joins Todd Smith and Jody Sanders to reflect on his remarkable career as Texas's longest-serving Chief Justice. He shares personal stories, pivotal milestones, and the transformative reforms he championed, from modernizing court technolo…

1
How the Cal. Appellate Project Promotes Appellate Experience and Access to Justice 39:51

18d ago39:51

39:51

There is a 700-appellate case backlog in Los Angeles and only around 450 attorneys on the California Appellate Project—Los Angeles panel. CAP-LA attorneys Jennifer Hansen and Jennifer Peabody share how the rest of us can pitch in to assuage this gap in the administration of justice. Why work as a panel attorney? Get appellate experience. Work with …

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CALP w/ Chris Dralla, Creator of Typelaw, Revolutionizing Legal Writing 40:01

26d ago40:01

40:01

Attorneys still wrestling with Microsoft Word to finish a brief need to be acquainted with Chris Dralla’s product Typelaw, the groundbreaking tool that lets attorneys turn plain text into fully formatted, cited, hyperlinked, local rule-compliant briefs. If your practice depends on producing high-quality briefs, here is why you need Typelaw in your …

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Reaction to Judge Jones and Prof. Vladeck's Exchange on Judge Shopping 16:34

1M ago16:34

16:34

In this episode, Tim and Jeff dive into the recent heated exchange between Fifth Circuit Judge Edith Jones and Georgetown Professor Stephen Vladeck at the Federalist Society’s Lawyers National Lawyers Conference. The debate centered on the tension between judicial independence and the criticism of judge shopping in high-profile cases. Tim and Jeff …

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Breaking Down the Robert Roberson Case: Criminal Appeals, Reform, and Separation of Powers | Doug Gladden 1:28:22

1M ago1:28:22

1:28:22

The highly publicized Robert Roberson case has raised critical questions about the death penalty and separation of powers. In this episode, Todd Smith and Jody Sanders sit down with criminal defense attorney Doug Gladden to tackle this difficult topic. Known for his insightful legal commentary, Doug shares his career journey from serving as a prose…

1
Compelling Arbitration: Benefits & Hurdles 19:37

1M ago19:37

19:37

In Episode 2 of Appellate Spotlight, co-hosts Danny and Tracy discuss recent California cases that involve arbitration alongside special guest Chris Choi, a Healthcare Partner in our Sacramento office. Chris highlights the prevalence of arbitration provisions in our day-to-day lives, and how the Harrod case heard in front of the California Supreme …

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Why the Lack of an Record Is a Constitutional Problem, with Erin Smith (Part 2) 41:20

2M ago41:20

41:20

Responding to a decades-long lack of court reporters, the Los Angeles Superior Court in September 2024 ordered that electronic recordings may be made. This arguably violates a statute prohibiting the use of electronic recordings. But Erin Smith, co-founder of the Family Violence Appellate Project, explains why the lack of meaningful access to an ap…

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Why the Lack of an Record Is a Constitutional Problem, with Erin Smith (Part 1) 30:52

2M ago30:52

30:52

Erin Smith’s Family Violence Appellate Project has over 50 published cases under its belt—which is even more impressive considering how difficult it is to get a good record in these cases. In this first part of our conversation, we discuss the FVAP’s work, and the kind of mistakes trial judges make in domestic violence cases. Erin Smith’s biography…

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A New Approach to Narrowing the Texas Civil Justice Chasm | Justice Brett Busby and Kennon Wooten 1:07:41

2M ago1:07:41

1:07:41

Access to justice remains a pervasive problem in the Texas legal system. In this episode, Todd Smith and Jody Sanders welcome Texas Supreme Court Justice Brett Busby and Kennon Wooten from Austin's Scott Douglass & McConnico to discuss the latest developments on this front. The conversation focuses on new Supreme Court rules for licensing paraprofe…

1
A Glimpse into ClioCon 27:15

2M ago27:15

27:15

Couldn’t make this year’s ClioCon? Don’t know why you would if you could? Jeff is on location in Austin, Texas, and reports in on the latest legal tech trends, like: The death of the billable hour? A review of attorney tasks suggests 70% could be done with AI. This could mean more shops switch to flat fees. It could mean they increase their hourly …

1
The Write Stuff, with Michelle Strowhiro 36:21

3M ago36:21

36:21

In a (non)definitive survey of writing instruments, big-law attorney turned solo employer counsel Michelle Strowhiro reveals her pick for the best pen for lawyers. Then we turn to the U.S. District Court of Texas ruling in Ryan LLC v. FTC, blocking an FTC rule that would ban non-competes. This rule would eliminate trade restraints already banned in…

1
Supreme Court Reinstates $2.5M Discovery Sanction 18:09

3M ago18:09

18:09

The Supreme Court of California isn’t always interested in money disputes, but throw attorney misconduct into the mix and you get the City of LA v. Pricewaterhousecoopers reinstating a sanction for “egregious” city attorney’s office collusion totaling $2.5 million. Angling for contractual attorneys’ fees in your defense? The recent Am. Bldg. Innova…

1
Electronic recordings? Not so fast. 30:35

3M ago30:35

30:35

Los Angeles Superior Court will now offer electronic recordings where a court reporter is not available. But not all courts have the equipment. And even if they do, by statute these recordings may not be used to create an appellate record. So what does it mean? Also, the Supreme Court in Meinhardt v. City of Sunnyvale has confirmed that orders gran…

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Adam Feldman on Empirical SCOTUS part 2 30:15

4M ago30:15

30:15

After discussing SCOTUS voting blocs and public perception, in part two of our discussion Adam Feldman rounds up the 2023-2024 term. We cover: SEC v. Jarkesy, holding that 7th Amendment procedural rights apply in agency proceedings, and whether Adam is surprised at the voting alignment (conservatives pro, liberals con). Loper Bright v. Raimondo, ov…

1
Adam Feldman of Empirical SCOTUS, Part 1 32:19

4M ago32:19

32:19

Adam Feldman watches Supreme Court trends: voting blocs both usual and unusual, numbers of concurring and dissenting opinions, and other analytical ways of predicting outcomes. In our discussion, we cover: Recent polls disapprove of how the Supreme Court “is handling its job.” What does “handling its job” mean? Does it mean outcomes, or the decisio…

1
“Disgrantles,” peaceful carjackings, for-profit prisons: July 9th Cir. cases 26:08

4M ago26:08

26:08

While the Supreme Court wrapped up its term, the Ninth Circuit had some interesting cases of its own. Carjacking is “nonviolent,” for-profit prisons are constitutional, and Covid vaccine religious exemptions are on the table. Practitioners might also look forward to focus letters and earlier panel notifications. All this and other recent cases and …

1
California Law on Assumption of Risk and Waiver 18:25

5M ago18:25

18:25

Join co-hosts Daniel Velladao and Tracy Forbath for our inaugural episode of Appellate Spotlight, as they discuss recent developments in California case law on primary assumption of risk and waiver with special guest Amy Frerich. This exciting discussion will highlight the application of the primary assumption of risk doctrine to surfing, and wheth…

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Bridging the Gap Between Law and Technology | Colin Levy 43:08

5M ago43:08

43:08

In this episode, Jody Sanders and Todd Smith chat with Colin Levy, Director of Legal and Evangelist at Malbek, about his journey from being a traditional in-house lawyer to a leading voice in legal technology. Colin shares his insights on the evolving landscape of the legal industry, emphasizing the importance of bridging the gap between technology…

1
E-filing outage cause a late filing? & other cases 25:41

5M ago25:41

25:41

A ransomware attack hit the Los Angeles County Superior Court in July 2024, affecting e-filing services. Did you miss a filing deadline because of this? We discuss two Rules of Court that could help. We also cover: Are anti-SLAPP orders “judgments”? Court of Appeal to litigants: Your adverbs are unwelcome here. Ok to say “The order is erroneous.” B…

1
What next after Rahimi? with Criminal Defense Hero Don Hammond, part 2 25:08

5M ago25:08

25:08

Previously in part one, criminal-defense attorney Don Hammond explained why, post-Bruen, states may no longer impose discretionary constraints in concealed-carry permitting regimes. But will that change after the Supreme Court’s recent 8-1 decision in Rahimi, holding that a restraining order prohibiting a particularly violent actor from possessing …

1
Jury Charge Practice After Horton v. Kansas City Railway Co. 43:33

5M ago43:33

43:33

Jury charge practice in Texas trials just got a shakeup thanks to the recent Horton v. Kansas City Railway Co. decision. In today’s episode, Todd Smith and Jody Sanders delve into the Texas Supreme Court’s recent pivot on Casteel error in jury charges. They analyze the implications for appellate practice, sparked by the Court’s revised stance in th…

1
Justice Anita Earls Part 2: The investigation into her statements on diversity 25:27

5M ago25:27

25:27

Justice Anita Earls of the North Carolina Supreme Court knows about some reforms that will improve our justice system. But she also knows about some that will provoke an unhappy response—including an investigation against her personally. In this second half of our interview, Justice Earls talks about how she found herself under investigation for ca…

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CCW Permits with Criminal Defense Hero Don Hammond, part 1 37:25

6M ago37:25

37:25

Just because you’re law-abiding doesn’t mean you won’t need a criminal-defense attorney. There are more criminal laws in federal and California state law books than you could read in a decade. (I asked ChatGPT: if you printed them all out, they would be taller than the 24-story AT&T building in San Diego.) Enter Criminal Defense Hero Don Hammond. I…

1
Balancing Tradition and Innovation in Legal Education | Dean Bobby Ahdieh 59:21

6M ago59:21

59:21

The legal world is undergoing a seismic shift. Technological advancements and a changing social landscape force the legal profession to adapt, but are law schools keeping pace? In this episode, Jody Sanders and Todd Smith visit with Dean Robert B. Ahdieh of Texas A&M Law School about the state of modern legal education and more. Dean Ahdieh shares …

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Justice Anita Earls and the Court as an Institution: Part 1 34:17

6M ago34:17

34:17

Justice Anita Earls of the North Carolina Supreme Court knows about some reforms that will improve our justice system. But she also knows about some that will provoke an unhappy response—including an investigation against her personally. In this first part of our interview, we discuss Justice Earls’ path from a 30-year civil rights attorney to supr…

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Abortion Pills and Vaccine Mandates 27:52

6M ago27:52

27:52

We have a few big cases to cover: The Supreme Court, 9-0, guaranteed continued access to abortion pills. A 9th Circuit split panel, meanwhile, allows a challenge to a Covid-19 vaccine mandate to proceed, challenging Buck v. Bell forced sterilization-era public health precedent. And a get-out-of-arbitration-free card case get reversed on FAA grounds…

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Prelude to the Business Court and 15th Court of Appeals: More Questions Than Answers | Tyler Talbert 54:16

6M ago54:16

54:16

The Texas legal landscape will change significantly on September 1, 2024, with the launch of the Business Court and the 15th Court of Appeals. While the start date is set, many details are still uncertain. In this episode, Tyler Talbert, a board-certified civil appellate lawyer from Waco, joins hosts Todd Smith and Jody Sanders to delve into these …

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The appellate court that overruled a supreme court: Part 2 with John Sylvester 28:06

6M ago28:06

28:06

John Sylvester was the counsel of record in the controversial Abdelqader v. Abraham published opinion. In the previous episode we discussed why it was controversial. (Short version: because the Court of Appeal, sub silentio, thumbed its nose at the Supreme Court and concluded that a missing finding required by statute gives you a an automatic get-a…

1
The appellate court that overruled a supreme court: Part 1 with John Sylvester 32:24

7M ago32:24

32:24

John Sylvester was the counsel of record in the controversial Abdelqader v. Abraham published opinion. Why was it controversial? Because the Court of Appeal thumbed its nose at the Supreme Court, which had held in F.P. v. Monier that just because the trial judge forgets to make a required written finding you don’t get an automatic get-a-new-trial-f…

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Exploring Procedural Justice | Judge Steve Leben 53:19

7M ago53:19

53:19

Judges represent not only their judicial office, but also the legitimacy of the judicial branch as a whole. For many Americans, their only interaction with the legal system may come from a single trip to the courthouse. This makes it imperative for judges to leave participants in the system feeling that they have been treated fairly and respectfull…

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Top 10 Tips to Avoid Fee Disputes, with Carl Mueller 35:12

7M ago35:12

35:12

Every attorney has felt the concern over a growing receivable, and the frustration of a nonpaying client. In the continuation of our discussion in the last episode, Carl Mueller shares his top 10 tips to avoid them and win them. The tips include: See a “red flag”? Trust your gut, and run. Check your retainer agreements for compliance with Business …

1
How to Avoid Fee Disputes, with Carl Mueller 29:41

7M ago29:41

29:41

Every attorney has felt the concern over a growing receivable, and the frustration of a nonpaying client. Carl Mueller litigates these billing disputes and explains what attorneys should know to avoid them and to win them: All the billing disputes are basically the same, so… Spot the “red flags.” (You know what they are.) If you do get into a dispu…

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Focus Groups as a Trial-Preparation Tool | Elizabeth Larrick 49:19

7M ago49:19

49:19

Preparation is the key to winning at trial, and focus groups are a powerful tool for ensuring that a case is trial-ready. In this episode of the Texas Appellate Law Podcast, hosts Todd Smith and Jody Sanders visit with Austin-based trial lawyer and consultant Elizabeth Larrick of the Larrick Law Firm. Elizabeth shares her passion for helping lawyer…

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Top 10 Tips from Court of Appeal Research Attorneys 36:44

7M ago36:44

36:44

Appellate justices’ research attorneys are the ones advising the justices about your arguments and writing the opinions. We discuss 10 tips offered at a recent Orange County Bar Association event. Here is a taste: 😮 Biggest surprise: The Court of Appeal wants hyperlinked briefs. They want to be able to click on your record cites to confirm your fac…

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Why One School District Spent $1 Million Fighting Special-Education Attorney Tim Adams’ Client (Part 2) 33:44

8M ago33:44

33:44

Last time, we set the table with special-education attorney Tim Adams to discuss the big 9th Circuit win for parents of kids with IEPs (individualized education protocols). Now we dig in to Irvine Unified School District v. Landers and Gagliano. After covering the fact that the school district, to get out of helping a dyslexic student get the help …

1
Tips for Persuasive Legal Writing | Luther Munford 52:19

8M ago52:19

52:19

Lawyers are professional writers, and the ability to write persuasively is more important than ever. In this episode, Luther Munford, an appellate expert and former law professor, joins Todd Smith and Jody Sanders for an insightful discussion on the principles of persuasive legal writing. Luther emphasizes the importance of ethos, logos, and pathos…

1
Why One School District Spent $1 Million Fighting Special-Education Attorney Tim Adams’ Client (Part 1) 30:29

8M ago30:29

30:29

A big 9th Circuit win for parents of kids with IEPs (individualized education protocols) came down recently, and the prevailing attorney is podcast alum Tim Adams. In the first of this two-part discussion, we set the table to discuss Irvine Unified School District v. Landers and Gagliano. For example, to understand why parents trying to help their …

1
What to know about “snap” and “super snap” removals 13:04

8M ago13:04

13:04

Are you expecting a lawsuit? And do you want to get that lawsuit into federal court? If your client is domiciled in California, you need to know about “snap removals.” If you get wind of the lawsuit before it is served, you might be able to defeat the removal-bar on home-state defendants. But don’t commit a “super snap” removal. That’s when you rem…

1
Winning Cases on Legal Issues Before and During Trial 1:04:32

8M ago1:04:32

1:04:32

As civil trials become more expensive and less frequent, proactive attorneys should look for ways to streamline or end their cases before trial. Luckily, both Texas statutes and court rules provide some helpful tools. In this episode Todd Smith and Jody Sanders discuss ways parties can address legal issues before, during, and after trial that can s…

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Is the Racial Justice Act Unconstitutional? 23:35

8M ago23:35

23:35

Racial minorities are sometimes removed from prospective juries—just like everybody else. But the Legislature is so concerned that this could happen on the (obviously improper) basis of race that the Racial Justice Act prohibits a challenge to a racial minority even on the basis of proper factors, such as lack of life experience. And if that happen…

1
Top 10 Tips for Family Law Appeals 25:52

9M ago25:52

25:52

Every day as an appeals lawyer brings new puzzles. But some puzzles repeat. So in this episode, we compile the top 10 tips dispensed regularly to trial attorneys working in family court. They include: 👉 Know your appealable issues—appeal now, or lose it forever! 👉 Request a statement of decision. Don’t need to, you say? Judge already gave a tentati…

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Social Media and Jury Waiver High Court Cases, and Other Appellate News 36:22

9M ago36:22

36:22

The U.S. Supreme Court provides awaited guidance on public officials’ use of social media, and the California Supreme Court gives a cautionary tale about waiving the right to a jury trial. Jeff and I discuss: 📰Free Speech on Government Social Media: Lindke v. Freed (Mar. 15, 2024, No. 22-611), notable for being short and unanimous, holds that, when…

1
Five Hard Truths About an Appellate Practice, with Raffi Melkonian 52:53

9M ago52:53

52:53

Raffi Melkonian has argued and won in the U.S. Supreme Court, and started the #AppellateTwitter community of appellate attorneys on Twitter/X, where he has over 65,000 followers, and speaks and writes on appeals across the country. And Raffi is here to tell you that building a business on an appellate practice—even a very successful one—is very har…

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Navigating Federal Tort Claims on a National Scale | Tom Jacob 49:31

9M ago49:31

49:31

Suing the federal government can be a daunting task. In this episode, Todd Smith and Jody Sanders sit down with Tom Jacob, a partner at National Trial Law in Austin, Texas, to discuss the intricacies of litigating cases under the Federal Tort Claims Act. Tom highlights the groundbreaking Sutherland Springs mass-shooting case, in which his firm secu…

1
Sanctions, Successful Reconsideration, and Other Feb. 2024 Cases 45:21

10M ago45:21

45:21

We discuss how to avoid appellate sanctions, and an unusually successful motion for reconsideration: $50k sanctions against appellant for blowing appellate procedure. Motion for reconsideration was untimely, but righteous. Trial judge did not take the Court of Appeal’s hint, so writ issued. (But the trial judge was right to let the writ issue.) Ant…

1
Why Judges Should Take the Legal Accountability Project Pledge | Judge Doug Nazarian & Aliza Shatzman 1:06:47

10M ago1:06:47

1:06:47

Judicial clerkships can provide unparalleled access and prestige to young lawyers just entering practice. But because the judiciary requires confidentiality and secrecy to operate properly, often law students don’t know what to expect. The Legal Accountability Project is working to change that by making the system more transparent for law schools a…

1
Judge Nazarian to Judges: Take the Accountability Pledge 1:02:59

10M ago1:02:59

1:02:59

There are 30,000 law clerks in the U.S., and we have no good way to know to judge their experiences. So Judge Douglas Nazarian of the Appellate Court of Maryland—and board member of the Legal Accountability Project—asks judges everywhere to take the LAP Pledge. The Project hosts a growing database of survey responses from judicial clerks, but it ne…

1
Sleep Well to Crush Your Enemies, with Leslie Porter 52:11

10M ago52:11

52:11

You thought health and wellness was just for hippies, losers and weirdos. But you were wrong. Leslie Porter explains that if you are waiting for your health issues to become acute enough for a prescription, you are not at your best. Not only are you laying the groundwork for possible big problems down the road, you have lower energy, weakened drive…

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So You Think You Understand the Snitch Rule? 56:27

10M ago56:27

56:27

Next time your opposing counsel takes issue with something you say, don’t be surprised to find a complaint in the next filing citing to rule 8.3 of the Rules of Professional Conduct—the new “snitch rule.” There are about a dozen terms of legal art in the snitch rule, so we asked Judge Meredith Jury (Ret.) and Certified Bankruptcy Specialist Stella …

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