Bar Bulletin

Bar Bulletin

always Appealing: Shifting Baselines

November 2022 Bar Bulletin

By Catherine W. Smith

I’m writing this on the afternoon of Friday, October 7. The Bar Bulletin’s deadline is the 10th of each month, so this column is due on Monday. As is sometimes the case, the muse has not descended, and this thing is not writing itself. . . .

I was going to write about legal issues being the sine qua non of appellate practice. Briefing and arguing statutes and case law, so that the appellate court can reach a decision that will apply not just in the matter before it, but that may help others resolve or avoid disputes, is pretty heady stuff. But given these lofty aspirations, it is surprising how...

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