Featured Articles

"Don't Taze Me, Bro" -- Behavior Modification for Trial Lawyers

Kendall Gray
September 27, 2011 10:20

My how time flies. Or maybe I'm just behind the times. A week ago I blogged about the utility of shock collars as behavior modification devices for trial lawyers. And I immediately knew that the title of my next blog post on the topic would be some version of that phrase that entered our shared...

Shooting Canons out of your Cannon

Kendall Gray
August 24, 2011 14:31

Hat tip to the ABA Blog for another tale of woe about attorneys who worsened their fate with bad spelling. A New York judge was concerned that defense counsel lacked the necessary "game" to handle the high profile murder case before the court. Among the reasons? Facebook comments and...

Writing For Screen Readers: Start At The Top And Stay There

Kendall Gray
May 17, 2011 11:17

Thanks to Robert Dubose, who has been kind enough to share his tips on writing for that new, rewired animal, the screen reader. He ought to know. He wrote the book on the subject. We learned bout using headings to communicate your argument. We learned about giving readers that mental ease they...

Brown v. Entertainment Merchants meets "The Music Man"

Kendall Gray
July 05, 2011 08:52

This is the post where you find out what Justice Scalia has in common with the Mayor of River City, Iowa and how a good amicus brief can buttress an opinion. Read on. Con Law professors everywhere work themselves into a lather every June, because that is when the Supreme Court seems to always let...

Why Do We Have Appellate Lawyers?

Kendall Gray
August 16, 2011 10:08

Suppose you were abducted by aliens. And before you were probed, they asked you to explain what it is that you do and why. If you are an appellate lawyer, how would you explain your job? Why does your job exist and why can't just any old lawyer just do it? I had to do something similar last week....

Serial Killer

Kendall Gray
September 13, 2011 10:55

I've heard that admitting the problem is a good first step. So here goes. My name is Kendall Gray, and I'm a serial killer. Somewhere along the line, I killed the serial comma. I became aware of the problem when Judge Brister staged an intervention. He sent back comments on a brief that we're...

E-Filing in the Wild West: Malpractice At The Speed Of Light

Kendall Gray
May 31, 2011 12:42

Did we really think through this whole e-filing thing? Unlike the federal system, Texas has no uniform set of rules concerning how to handle sensitive information in e-filed documents. And you no longer have to go down to the clerk's office and rifle through dusty boxes to peak into someone's...

The Pause That Refreshes :Writing For Screen Readers (Part Deux)

Kendall Gray
May 10, 2011 13:36

I am now going to astound and amaze you with some of the best English language writing ever: If we are mark'd to die, we are enow To do our country loss; and if to live, The fewer men, the greater share of honour. God's will! I pray thee, wish not one man more. By Jove, I am not covetous for...

American Electric Power v. Connecticut: The Dog That Did Not Bark

Kendall Gray
June 22, 2011 12:23

So, it's that time of year again, campers. It's the time when all the law nerds gather 'round expectantly and philosophize over the Supreme Court's final opinions of the term.  And it's no different here at the Appellate Record. We yield to no one in our lack of a rich inner...

Hey! Pay Attention! (Writing For Screen Readers)

Kendall Gray
May 03, 2011 12:45

Don't click this link. (I told you not to. That song is lodged in my head like a blood clot now.) And don't shuffle your itunes player. And don't check your Netflix cue. And don't think about the Facebook updates. I'm trying to keep your attention here. According to Matthew Butterick, my most...