Technology for Appellate Lawyers – Digital Tools for Efficiently Preparing Your Appellate Brief

On December 11, 2023, I gave a short presentation at the Appellate Law Institute, sponsored by the Appellate Law Section of the Bar Association of Metropolitan St. Louis.  Here is the topic and synopsis:

A Quick Review of Some Digital Tools to Assist Appellate Lawyers

All appellate attorneys use word processors and Westlaw and/or Lexis. What are some of the less obvious digital tools out there that can help us to write our appellate briefs? They say that you can’t have it both fast and good. Maybe that’s true, but this short talk will be a brisk review of about ten less-obvious digital apps that I use for digesting transcripts, researching cases and writing briefs faster and better.

The SLIDES of my presentation can be downloaded in PDF format here:

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Does Stare Decisis (precedent) really force judges to decide cases in particular ways?

On the topic of stare decisis, I recently published this article for the Bar Association of Metropolitan St. Louis on the topic: “The Exaggerated Importance of Stare Decisis.” “SD,” as I refer to it throughout the article, “works” on simple cases. On cases with complex issues, SD does not compel particular outcomes, yet we pretend that it does for fascinating psychological and jurisprudential reasons.

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Sunshine Law Litigation Regarding Lambert St. Louis Airport Privatization Effort

I’m happy to announce that I have entered my appearance to represent Alan Hoffman and the Sunshine and Government Accountability Project in the recently filed lawsuit against The City of St. Louis and various City Officials. This is a lawsuit based on Missouri’s Sunshine Law, seeking injunctive and declaratory relief against St. Louis City officials and their agents for their failures to be transparent about efforts to privatize Lambert St. Louis Airport.

This is an especially good opportunity for me, in that I have the privilege of representing Alan Hoffman, a highly principled man who is willing to go toe-to-toe against the well-monied and politically powerful defendants. Equally exciting, I will be working as co-counsel with Mark Pedroli. Mark is unrelenting, smart and focused, and has an outstanding track record enforcing Missouri’s Sunshine Laws.



In order to better coordinate the exchange of information in this case, I worked over this weekend to design a website to track this litigation: “Lambert Airport Sunshine Law Litigation.” We will be updating this website with news, court filings and key documents. You are invited to check out this brand new website.

Finally, I’d like to offer a shout out to Gerry Connolly, Cara Spencer, the folks behind "STL Not For Sale" and many unnamed dedicated people who have been serving as eyes, ears and brains to document the disturbing conduct of the St. Louis City “Working Group,” whose activities are the focus of this litigation.

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Teaching “Cognitive Science and the Law” at BAU Law School – Istanbul Turkey

I'm teaching a new one-week course at Bahçeşehir University (BAU).   The name of the Course is "Cognitive Science and the Law."  Here is my cheerful class of law students.  It is a joy and a privilege to live in Istanbul for a week each semester. I'm also using this post as the location for uploading my slide presentations: Day 1 - cogsci and law pdf Day 2 cogsci and law pdf Day 3-4 cogsci and law pdf

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Mike Wolff’s Presentation to Americans United for Separation of Church and State.

This afternoon, I had a chance to hear Mike Wolff address members of local branch of Americans United for Separation of Church and State. The gathering took the form of a picnic at Shaw Park in Clayton, Missouri. I've known and admired Mike since I was one of his students at St. Louis University School of Law in the late 70's. Since then, he has done so many significant things, it's hard to keep track, including his service as Chief Justice of the Missouri Supreme Court and as Dean of St. Louis University School of Law. Dozens of thoughtful people, religious and otherwise, attended the presentation, united by this idea (from the homepage of the national website: "We envision an America where everyone can freely choose a faith and support it voluntarily, or follow no religious or spiritual path at all, and where the government does not promote religion over non-religion or favor one faith over another."

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Shall We Meet for Lunch or Hold a Walking Business Meeting in the Park?

"Let's have lunch, OK?" That used to be my suggestion when I wanted to talk with someone, whether it be catching up with a friend or the need to discuss business. That was before the biometrics of Fitbit, among other things, nudged me to reach for a different way to conduct a small business meeting. Now, when I need to talk business, I often ask whether, instead of lunch, my acquaintance would like to talk while we walk in a park.

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Consumers Trusting too Freely

Justin Sevier and Kelli Alces Williams have just written Consumers, Seller-Advisors, and the Psychology of Trust, Boston College Law Review  . They make excellent points the challenge the adequacy of caveat emptor. Here's an excerpt from the abstract:

Sellers and advisors are usually regarded separately by the law; therefore, consumers interacting with them are protected by different rules. As a result, a false dichotomy has arisen between (1) a doctrine of caveat emptor, subject to liability for fraud and applying to consumers interacting with sellers, and (2) fiduciary duties protecting consumers interacting with advisors. This Article is the first attempt to study consumer trust in the many common transactions that fall somewhere in the space between. Second, in reporting the results of an original psychology experiment, this Article offers empirical evidence of how consumers’ decision making is influenced by the trust they place in seller-advisors. Finally, it explores how consumer trust in seller-advisors arises and how it can be manipulated in an effort to understand how legal policy should respond to both the ubiquity of seller-advisors and the consequences of consumer reliance on, and vulnerability to, their advice.

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