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Tips From Two Writing Luminaries

Bryan Garner, Editor, Lexicographer, Lawyer
LawProse Inc.

Hon. Diane Wood, Chief U.S. Circuit Judge; Senior Lecturer
U.S. Court of Appeals, Seventh Circuit; University of Chicago Law School

Breakout I: Courts in the Age of “New Media”

Adam Feldman, Author
Empirical SCOTUS
Adam Feldman is a Postdoctoral Fellow in the Empirical Study of Public Law at Columbia Law School. His work utilizes automated methods of textual analysis and statistical methods for the analysis of large-scale quantitative datasets. Mr. Feldman is a graduate of Boalt Hall Law School where he earned his J.D. in 2008 and during which he was a summer associate at McDermott, Will & Emery. He then worked in litigation in the boutique law firm Kendall, Brill & Klieger (now Kendall, Brill & Kelly) until he began a Ph.D. in political science at the University of Southern California in 2011. Mr. Feldman completed his Ph.D. earlier this year during which he published nine articles in a combination of law reviewed, peer-reviewed and refereed journals. He is the founder and principal author of the Empirical SCOTUS blog.

Prof. Richard Hasen, Chancellor’s Professor of Law and Political Science
University of California, Irvine, School of Law
Richard Hasen holds a B.A. from UC Berkeley and a J.D., M.A. and Ph.D. in Political Science from UCLA. After law school, Professor Hasen clerked for the Honorable David R. Thompson of the U.S. Court of Appeals for the Ninth Circuit. He then worked as a civil appellate lawyer at the Encino firm Horvitz & Levy. He is the author of more than 100 articles on election law issues published in numerous journals, including the Harvard Law Review, Stanford Law Review and Supreme Court Review. Professor Hasen was elected to the American Law Institute in 2009 and was named one of the 100 most influential lawyers in America by the National Law Journal in 2013, and one of the Top 100 Lawyers in California in 2005 and 2016 by the Los Angeles and San Francisco Daily Journal.

Prof. RonNell Andersen Jones, Professor of Law
University of Utah S.J. Quinney College of Law
RonNell Andersen Jones graduated first in her law school class and clerked for the Honorable William A. Fletcher on the Ninth Circuit Court of Appeals. She also clerked for Justice Sandra Day O’Connor on the U.S. Supreme Court. Prior to entering academia, she was an attorney in the appellate division of Jones Day, where her work focused on Supreme Court litigation and included major constitutional and First Amendment Cases. Before joining the faculty at the University of Utah, Professor Jones was Professor of Law and Associate Dean of Academic Affairs and Research at Brigham Young University’s J. Reuben Clark Law School, where she was twice named Professor of the Year. Before that, she was a Distinguished Faculty Fellow at the University of Arizona Rogers College of Law, where she team-taught an annual course about the U.S. Supreme Court with Justice O’Connor.

*Howard Bashman, Author
How Appealing
Howard Bashman is an appellate lawyer based in Willow Grove, Pa. He frequently handles cases before the U.S. Court of Appeals for the Third Circuit and Pennsylvania’s state appellate courts. Bashman has published appellate-related essays in the Journal of Appellate Practice and Process, The Los Angeles Times, online at Slate, and in the Appellate Issues publication of the ABA Council of Appellate Lawyers. In addition to practicing appellate law, Mr. Bashman is the author of the “How Appealing” blog, a daily collection of links to appellate-related legal news and interesting new appellate rulings. Before opening his own appellate boutique in 2004, Mr. Bashman headed the appellate litigation practice at one of Pennsylvania’s largest law firms.

Breakout II: “We’re in the Same Boat: Can’t We All Paddle Together?”

Jonathan Shapiro, Writer, Producer, Attorney, Former Assistant U.S. Attorney, Of Counsel
Kirkland & Ellis

Supreme Court Preview

Hon. Patrick Higginbotham, Federal Judge
U.S. Court of Appeals, Fifth Circuit

Prof. Pam Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law; Co-Director, Supreme Court Litigation Clinic
Stanford Law School

Breakout I: Pro Bono Appellate Court Programs and Clinics: Doing Good for Clients and the Courts

Hon. Edward Carni, Associate Justice
New York Supreme Court, Appellate Division, Fourth Department
Edward Carni earned his J.D. in 1985 from Whittier College School of Law and began his law career in the legal division of the Onondaga County Department of Social Services. Justice Carni worked in private practice for 15 years and served as a member of the Syracuse Common Council. In 1995, he was appointed to the position of Syracuse City Court Judge until 2001 when Governor Pataki appointed him to the New York State Supreme Court. In 2006, Governor Pataki then designated him as an Associate Justice of the Appellate Division, Second Judicial Department, where he served until 2008 when he was designated as an Associate Justice of the Appellate Division, Fourth Judicial Department.

Susan Gelmis, Chief Deputy Clerk for Operations
U.S. Court of Appeals, Ninth Circuit
Susan Gelmis graduated from NYU Law School and has been with the Court of Appeals for 28 years, starting as a staff attorney in 1989. In 1992, she became the supervising attorney for the newly established Pro Se Unit, which she helped define and create. In 1993 she worked with the court and the federal bar to create the Circuit’s Pro Bono Program, which she directed for 22 years. She assumed the additional role of Supervising Attorney of the Motions Unit in 2000. Ms. Gelmis served on numerous circuit-wide committees and task forces relating to prisoner and pro se litigation, and served as liaison to the pro se law clerks in the district courts, organizing and speaking at circuit-wide and national conferences.

Prof. Eugene Volokh, Gary T. Schwartz Professor of Law
University of California Los Angeles School of Law
Eugene Volokh has taught at UCLA School of Law since 1994 and has written more than 80 law review articles on First Amendment law, Second Amendment law, criminal law, tort law, intellectual property, and has argued 20 appellate cases in four federal circuits and 11 state court systems. Before teaching at UCLA, Professor Volokh clerked for Justice Sandra Day O’Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit. He is a member of the American Law Institute, a member of the American Heritage Dictionary Usage Panel, the founder and coauthor of The Volokh Conspiracy, as well as an Academic Affiliate for the Mayer Brown LLP law firm.

*Hon. Samuel Thumma, Vice Chief Judge
Arizona Court of Appeals, Division One
Samuel Thumma graduated Order of the Coif from the University of Iowa College of Law in 1988 where he was a Note & Comment Editor on the Iowa Law Review. He is the co-editor of the Arizona Appellate Handbook, has presented at more than 250 seminars, and has published nine law review articles and more than 40 other law-related articles. He is currently the Vice Chief Judge of the Arizona Court of Appeals, Division One. Previously, Judge Thumma was a partner at Perkins Coie Brown & Bain, P.A., and an associate at Arnold & Porter in Washington, D.C. He clerked for Supreme Court Chief Justice Stanley G. Feldman and Judge David R. Hansen, U.S. District Court for the Northern District of Iowa.

Breakout II: To Concur or Dissent: That Is the Question

Prof. Elizabeth Francis, Associate Professor
University of Nevada, Reno
Elizabeth Francis came to the University of Nevada, Reno in 1978 as director of freshman English and initiated the teaching of children’s literature at the university based on her work at Yale with Maurice Sendak. She teaches literature, law and ethics, an interdisciplinary course based on her work with the National Judicial College, where she founded judicial writing as a field of study in 1982. Since then she has taught thousands of judges at NJC and in court systems, agencies and conferences throughout the U.S., including the National Labor Relations Board, the U.S. Office of Patents and Appeals, the Department of Defense, the ABA, California administrative law agencies, and the Supreme Courts of Nevada, Ohio and Arizona. She also holds an important role in the Judicial Studies Program, serving as a thesis adviser for judges seeking master’s and Ph.D. degrees in judicial studies.

Prof. Harry Litman, Lecturer in Law
University of California Los Angeles School of Law
Harry Litman received his B.A. from Harvard and his J.D. from the University of California, Berkeley, where he was Editor in Chief of the California Law Review. After law school, Professor Litman served as a law clerk to Judge Abner Mikva of the U.S. Court of Appeals for the D.C. Circuit; Justice Thurgood Marshall of the U.S. Supreme Court; and Justice Anthony Kennedy of the U.S. Supreme Court. Following his clerkships, he became an Assistant Attorney General in the Northern District of California, then a Deputy Assistant Attorney General in the Department of Justice. The President appointed him to the position of U.S. Attorney for the Western District of Pennsylvania, where he launched several law-enforcement initiatives while personally litigating cases in the district court and the court of appeals. Professor Litman has held appointments at a number of law schools and schools of public policy over the years.

Hon. Dennis Perluss, Presiding Justice
California Court of Appeal, Second District, Division Seven
Daniel Perluss received his J.D. magna cum laude from Harvard Law School in 1973 where he was Articles Editor for the Harvard Law Review. He clerked for Supreme Court Justice Potter Stewart and to Judge Shirley M. Hufstedler of the Court of Appeals for the Ninth Circuit. Prior to his appointment to Presiding Justice of the Court of Appeal, Second Appellate District, Division Seven, Judge Perluss actively practiced trial and appellate law for more than 24 years. He has also served as a judge of the Los Angeles Superior Court and as Associate Justice of the Court of Appeal.

*Hon. Christopher McFadden, Presiding Judge
Georgia Court of Appeals
Christopher McFadden graduated from the University of Georgia Law School in 1985. He remained a sole practitioner focusing on appellate litigation until he joined the Court of Appeals. Along with attorney Laurie Webb Daniel, he is a founding past Chair of the Appellate Practice Section of the State Bar of Georgia. Judge McFadden has served as an officer or director of the Atlanta Bar Association for 12 years, and as a volunteer attorney for the Innocence Project and the Election Protection Project. He presently serves on the Executive Committee of the Appellate Judges Conference of the ABA and represents the Court of Appeals as Vice Chair of the Georgia Commission on Interpreters and as a member of the Board of Trustees of the Institute of Continuing Judicial Education of Georgia.

* session moderator