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Winning on Appeal: Better Briefs & Oral Argument 2nd Edition

4.7 out of 5 stars 13 customer reviews
ISBN-13: 978-1556818240
ISBN-10: 1556818246
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Editorial Reviews

Review

Told from a judge’s viewpoint, book is an expose of appellate lawyering from the other side of the bench. -- Alex Kozinski, Judge, U.S. Court of Appeals for the Ninth Circuit

Winning on Appeal is an impressive achievement. Appellate lawyers and judges will profit immensely from consulting it. -- William J. Brennan, Jr., Justice, U.S. Supreme Court (1957-1990)

From the Publisher

Aldisert is a Senior United States Circuit Judge of the United States Court of Appeals for the Third Circuit. --This text refers to an out of print or unavailable edition of this title.
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Product Details

  • Paperback: 490 pages
  • Publisher: NITA; 2nd edition (July 16, 2003)
  • ISBN-10: 1556818246
  • ISBN-13: 978-1556818240
  • Product Dimensions: 10.6 x 6.9 x 1.1 inches
  • Shipping Weight: 2 pounds
  • Average Customer Review: 4.7 out of 5 stars  See all reviews (13 customer reviews)
  • Amazon Best Sellers Rank: #267,242 in Books (See Top 100 in Books)

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Customer Reviews

Top Customer Reviews

Format: Paperback
If you are preparing a brief for appeals court, or if you are a law student preparing for moot court, you need this book. There is a 3 page list of the common errors made in briefs that should be torn out and mounted to your computer as you are writing. The book is written by Judge Aldisert and teaches you how to "catch" the judge, who is too busy to deal with your shortcomings in writing. Very worthwhile reading.
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Format: Paperback
From high school through law school I've been subjected to many books on writing. It always seemed counterintuitive to me. Reading about writing made about as much sense as reading how to play basketball. Your time is much better spent on the court. This is the only book on writing I've ever found valuable. In fact, I found it so valuable that I've decided to write a five-star review.

Judge Aldisert really gives you a look inside of a Judge's mind. He provides insight into effective advocacy as well as the technical requirements of an appellate brief. Aldisert devotes a chapter to each section of the brief, including the Statement of Issues, Statement of Facts, Summary of the Argument, and more. Near the end he also provides some great tips for oral advocacy including both presentation and preparation.

Judge Aldisert masterfully blends his own views with commentary from a wide array of legal practicioners, judges, and scholars. You really get a feel for the legal community and not just Judge Aldisert. He also does a great job of including excerpts from briefs to drive his points home. He manages to pick just the right handful of sentences to serve his purposes. I really can't recommend this book enough!
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Format: Paperback
As I've stated before, I am not a lawyer, law student, or other legal professional. I'm a guy who got involved in a contract dispute with the State, and this took me from an agency hearing through a judicial review in district court. Along the way, I found some great books which helped me understand how to cast my arguments in the proper legal fashion; terminology and cases are only part of this.

The other big part of this is the legal writing, and I found 2 books which I really enjoyed. Judge Aldisert's book is one; the other is Wilson Huhn's "The Five Types of Legal Argument". I found both of these books to have very accessible information which simply made sense, and I believe that lawyers would do well to read them as a means of making good briefs even better and more compelling.

The title of the review--"Fascinating, Well-Written, To-the-Point"--is really what Judge Aldisert is trying to get his reader to create, in terms of briefs. He begins by pointing out that very few cases are granted an appel, and even fewer win, but that the key to both can be compelling briefs. He notes that the appellate judge is besieged by all manner of briefs requesting some sort of appellate relief/hearing, and that "you" need to stand out, if possible.

Since Aldisert is "Senior United States Circuit Judge" and Chief Judge Emeritus of the United States Court of Appeals, Third Circuit, he clearly knows whereof he speaks. SO LISTEN! LEARN! READ THIS BOOK! :-)

He gives his own views re: mistakes most often made in such situations, what he likes and doesn't like, and what his polling of other similarly-situated jurists has shown.
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Format: Paperback
The Ninth Circuit has recommended this book. See Dela Rosa v. Scottsdale Mem. Health Systems, Inc., 136 F.3d 1241, 1244 n.2 (9th Cir. 1998) ("We strongly advise attorneys who intend to present a case to this court for the first time and, indeed, all attorneys who practice before this court to consider the wisdom contained in an insightful and intelligent book on the subject of appeals: Ruggero J. Aldisert, Winning on Appeal (NITA 1997).") (order) (case no. 96-17034).
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Format: Paperback
As a finishing 1sr year student I wish I had read this book for the unit on legal process - it shows you how to write briefs. Fortunately I had read Judge Aldisert's articles which were a great help and now I am still in the process of reading the Judge's two books - an excellent help for law students and the general reader interested in how lawyer's think.
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Format: Paperback Verified Purchase
If you're going to be writing appellate briefs, this is the book. I used this in my app ad class and it has some great info in it. I will be keeping this on my bookshelf.
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Meat-and-potatoes how-to manual on appellate brief-writing ---with insights.
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