Books on Appellate Advocacy Generally
Legal periodicals provide a wealth of sophisticated and detailed legal
analysis. Typically, law review or law journal articles address a
single topic or subtopic in great depth. If legal scholars have written
on your topic, you should take pains to identify those articles. You
will likely want to cite to those articles in your paper. Additionally,
if you hope to write a publishable article, you will need to
differentiate your arguments from arguments that have already been made
on the subject.
Here are a few legal periodical titles specific to this area of law. Remember that general interest law reviews may also have published articles on your topic, so it is wise to run searches in the larger combined databases on Westlaw and Lexis to ensure that you do not miss any important articles.
The journal of appellate practice and process Westlaw Lexis Hein Print
American Journal of Trial Advocacy Westlaw Lexis Hein Print
Journal of Legal Advocacy and Practice Westlaw Lexis Hein Print
Monographs, hornbooks, treatises, practice guides, internet sources, and databases (Westlaw & Lexis)
Secondary sources are an excellent place to begin your research. Start with books that provide a broad overview or introduction to the topic. Use these resources to become familiar with the major issues and sources of law that govern the subject. Make notes as you read, including citations to governing primary law as well as your thoughts on potential paper topics. Then, move on to more specific books or look for articles that provide the depth of treatment you will need to fully understand and address your topic. Below are some of the major titles in the subject area. To find additional titles, browse through the library stacks around the titles listed below or do a keyword search on Thomcat, the library catalog.
Web Links on Appellate Advocacy, Generally
Primary Law Sources
Primary law governing this area of law includes the federal and state
court rules, statutes, and case law. In reviewing the seminal secondary
sources, you should have already gathered citations to relevant code
and rule sections as well as major case law. Relevant federal
resources are listed below. State court rules, codes, and cases can be
located in the California collection and in the state code section on
the 2nd floor.
Once you have reviewed those sources, you can use the Library References and Annotations section that often follows an annotated code section, to help you expand your research. Once you have reviewed several of the major cases, use the Headnotes of those cases to identify relevant Digest Topic and Key Numbers and use those to expand your case law research. Additionally, you can run a citator (Shepard’s & KeyCite) report for the cases you have already identified, in order to expand your case law research.
United States Code KF62 .A2
United States Code Annotated KF62 1927 .W45
United States Code Service KF62 1972 .L38
United States Supreme Court Reports KF101 .A314
Federal Reporter KF105 .F42
Federal Supplement KF120 .F42
Expanding Your Research
Search ThomCat, the TJSL Library catalog at: http://tjefl.iii.com/.
You may run a keyword search for a specific subtopic (e.g., brief
writing) or use relevant Library of Congress subject headings some of
which are listed below to expand your search:
Courts of last resort
United States Supreme Court
Adding the tab called Moot Court (click on Add a Tab on the far right
of your Westlaw window, select the middle tab called Add Westlaw Tabs,
and find Moot Court) will give you quick access to many of the relevant
databases, including secondary and primary sources. Look for texts and
treatises, encyclopedias (Am.Jur. or C.J.S.), and law reviews and
Note: Reading someone else’s brief can give you some great ideas for structuring your own, so you should look at Briefs databases for examples of similar arguments or causes of action. Remember, though, that these briefs are only as good as the lawyer who wrote them. Do not use them as a substitute for your own legal research and analysis.
Navigate to the Litigation section of the Directory for access to even more relevant databases. Finally, you can try searching the Directory for relevant terms like “appellate advocacy,” “trial advocacy,” “appellate briefs.” These strategies will also work for locating primary law on Westlaw, including federal appellate cases, Federal Rules of Appellate Procedure, and U.S. and California Supreme Court briefs.
Click on the Research Tasks tab and select Federal Litigation or California Litigation for easy access to many of the relevant databases. Look for treatises, encyclopedias, law reviews and journals, and briefs. You may also click on the Find a Source tab and type in “appellate advocacy” or a similar topic to retrieve materials. These same strategies will work for finding primary law on Lexis, including appellate cases, court rules, and briefs.