The Legal Advocate

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Category Archives: Publications

High Marks for Winning on Appeal

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Philadelphia appellate lawyer Howard J. Bashman recently reviewed Winning on Appeal: Better Briefs and Oral Argument, a longtime NITA classic whose third edition was released just in time for the new school year this fall.

In his article for The Legal Intelligencer, Mr. Bashman discusses his personal history with Winning on Appeal and why, twenty-five years after its initial release, the book remains one of the leading practical guides to effective appellate practice:

Because a party’s appellate brief(s) ­ordinarily play the most significant role in the outcome of any appeal, approximately two-thirds of the book is devoted to planning and executing a well-written and persuasive brief. The remainder of the book focuses on preparing for and delivering the oral argument of an appeal. If you think that you are someone who already knows all there is to know about these subjects, then you are probably most in need of what this book has to offer. And it almost goes without saying that if you realize your skills as an appellate advocate are still capable of improvement, which is certainly something that is true for all of us, then this book ­unquestionably can provide helpful guidance and assistance.

In addition to furnishing advice and ­suggestions from numerous federal and state appellate judges, including Pennsylvania’s own Chief Justice Thomas G. Saylor, the book also contains advice from numerous, highly regarded appellate attorneys. I can’t think of any other appellate practice guide where one would find advice from attorneys Paul D. Clement, Seth P. Waxman, Miguel A. Estrada, Kyle Duncan (recently ­nominated to the Fifth Circuit), Peter Keisler and Scott Keller, to name just a few.

The original Winning on Appeal was written in 1992 by the late Third Circuit Judge Ruggero Aldisert. This new edition was meticulously updated by Tessa L. Dysart, Assistant Director of Legal Writing and Associate Clinical Professor at Law at the University of Arizona James E. Rogers College of Law, and Judge Leslie H. Southwick of the U.S. Court of Appeals for the Fifth Circuit. It brings readers flush into the modern, twenty-first century courtroom, where technology is melded with appellate advocacy, and is replete with dozens of interviews with leading appeals judges and practitioners about the nuts and bolts of winning on appeal. NITA’s veritable who’s who of appellate advocacy in America features a Foreword penned by U.S. Supreme Court Associate Justice Samuel A. Alito, Jr.

Mr. Bashman is a nationally known appellate lawyer who represents clients before the Third Circuit and Pennsylvania appellate courts. How Appealing, his wrapup of appellate news from around the nation, appears daily on Above the Law.

Note: Mr. Bashman was an advance reviewer of Winning on Appeal, and his praise appears in the book. The authors and NITA are grateful for his interest in and support of Winning on Appeal.

Stucky v. Conlee, Parsell, and Nita City

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Author Gary S. Gildin presents readers with a civil rights action for damages case in the latest and timely file, Stucky v. Conlee, Parsell, and Nita City. Plaintiff Clayton Stucky is an African-American who works as a trooper with the Nita State Police. While off duty and driving his personal vehicle, Stucky was pulled over by two City of Nita police officers, who then sought consent to search the car.

Furthermore, officers Conlee and Parsell, both Caucasian, allege that Stucky was driving over fifty miles per hour on a city street zoned for twenty-five miles per hour. Conlee and Parsell issued Stucky a citation for driving at an unsafe speed. Stucky then sues the officers for damages caused by their violation and alleges they pulled him over for “driving while black.”

The file contains three witnesses for each side as well as a racial profiling expert and a medical expert available to both the plaintiff and the defendant, and electronic exhibits.

Retail Price: $38

Available in: Print or epub

The Force of Logic

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Author Stephen M. Rice guides readers to develop powers of legal reasoning in a new way in his latest publication, The Force of Logic. As a lawyer and law professor, Rice understands traditional legal education often overlooks the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.”

Rice believes when you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s. In his book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through anecdotes, examples, graphical illustrations, and exercises for you to try. This book will inspire readers to love legal argument, and appreciate its beauty and complexity in a whole new way.

Retail Price: $75

Order Here in: Print 

Love v. Regency, Second Edition

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In authors Jonathan Rest and Ed R. Stein’s second edition, Love v. Regency, a trademark infringement case is brought to life. Dr. Stanley Love, a dermatologist, alleges that Regency Plastic Surgery PC has infringed his common-law trademark of “The Love Look” by using a similar phrase, “The Look of Love” as its marketing slogan. Dr. Love is seeking relief and damages.

Furthermore, Regency denies liability, claiming that Dr. Love had no common-law trademark because “The Love Look” is merely descriptive and therefore Dr. Love could acquire no common-law trademark rights in the slogan.

This case file contains four fact witnesses, two liability expert witnesses, and two damages expert witnesses, as well as exhibits.

Retail Price: $38

Available in Epub

State v. Donaldson

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NITA’s case file, State v. Donaldson, by authors Joseph E. Taylor and Michael Sands, illustrates the shocking death of a 6-month-old and begs the question, is someone to blame? In this case, 6-month-old Cara O’Neil died from a mysterious head injury. The State of Nita has charged Stephen Donaldson with murder in the second degree, but he claims he did nothing more than comfort and care for his stepdaughter after she fell out of her crib days before her death. This case included 5 witnesses for the plaintiff and 4 for the defendant as well as video evidence from the scene. Is Stephen Donaldson to blame for his stepdaughter’s untimely death?

Retail Price: $38

Order Here in: Print 

NITA’s team of practicing lawyers, professors and judges from around the nation dedicates its efforts to the training and development of skilled and ethical legal advocates to improve the adversarial justice system. NITA's Goals are to:
  • Promote justice through effective and ethical advocacy.
  • Train and mentor lawyers to be competent and ethical advocates in pursuit of justice.
  • Develop and teach trial advocacy skills to support and promote the effective and fair administration of justice.
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