The Federal Appellate Procedure Manual offers a convenient, up-to-date reference source for both new and experienced practitioners that provides unique insights into FRAP and appellate practice from authors who shared first-hand experience in the rulemaking process.
The Manual begins with several sections on the jurisdiction of courts of appeals; focusing on the final-decision doctrine. The remaining sections concentrate on FRAP rules that deal with civil cases, excluding for the most part consideration of habeas corpus, administrative agency decisions, Tax Court rulings, and criminal cases.
The Manual highlights key passages in the FRAP Committee Notes most pertinent to understanding the rules. The copious citations to very recent case law throughout the Manual account for the many amendments and new FRAP rules and evolving case-law jurisprudence.
The Federal Appellate Procedure Manual is an indispensable resource and handy reference for anyone involved in the appellate process.
Alex Kozinski is the Chief Judge of the Ninth Circuit, where he was appointed in 1985. Previously, he was Chief Judge of the Court of Federal Claims. He has served on the Ninth Circuit Rules Committee and the National Advisory Committee on the Federal Rules of Appellate Procedure.
John K. Rabiej is the Director of the Duke Law Center for Judicial Studies. He joined Duke Law in early 2011 after serving as the Executive Director/Director of Judicial Outreach for The Sedona Conference since 2010. Previously, Mr. Rabiej was the Chief of the Rules Committee Support Office for twenty years, staffing the six rules committees of the United States Judicial Conference. He has written extensively on e-discovery, including chapter 37A of Moore's Federal Practice, which he updates quarterly, and chapters in Weinstein's Federal Evidence Manual. Mr. Rabiej has written more than 20 articles
on e-discovery, which are published in the LexisNexis Emerging Issues series of expert commentaries. He has also written many articles on rules-related issues, including the meaning and purposes of recent rule amendments. He was elected to the American Law Institute in 2005.
"The Federal Appellate Procedure Manual will be of immense value to the practicing lawyer. Its authors, Judge Alex Kozinski and John Rabiej, bring a wealth of experience as leaders in both the writing of the Federal Rules and the day-to-day practice of deciding cases under those Rules. They have written a comprehensive, thoughtful and sophisticated guide that will be regularly consulted--and deeply appreciated--by all of us in the appellate bar."
--Peter D. Keisler, Partner and Co-Chair of Appellate Practice Group, Sidley Austin, Washington D.C.; former Acting Attorney General of the United States
"Judge Kozinski and John Rabiej have written an extremely useful book that provides experienced appellate advocates and new ones alike a convenient source of up-to-date information and guidance on virtually all issues involved in correctly and effectively handling a federal appeal. It is comprehensive yet concise and readable, and addresses both the procedural issues an appellate lawyer will confront in every appeal and those that arise only from time to time. And they have organized the subject matter in ways appellate lawyers will find intuitive and user-friendly. It will have a spot on my bookshelf and get extensive use."
--David W. Ogden, Partner and Chair, Government and Regulatory Litigation Practice Group, Wilmer Hale, Washington D.C.; former Deputy Attorney General of the United States
"The authors of the Federal Appellate Procedure Manual have created the best possible resource for a law firm handling appeals throughout the circuits, a manual that is equally useful as a comprehensive guide for the beginning lawyer and as a helpful checklist and quick reference source for the experienced advocate. We are very happy to add the Manual to our library and expect our lawyers to consult it routinely."
--James F. Bennett, Partner, Dowd Bennett LLP, St. Louis, MO; former President, American Academy of Appellate Lawyers
"The Federal Appellate Procedure Manual is exactly what its title suggests: A hands-on guide to appellate jurisdiction and procedure by two of the most knowledgeable people in the business. Broad in scope and occasionally intricate in detail, it leads the reader through the forest of statutes, procedural rules, and case law through which a lawyer must pass to handle a federal civil appeal effectively."
--Luther T. Munford, Attorney, Butler Snow LLP, Greater Jackson, MS