About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

18 Cap. U. L. Rev. 481 (1989)
Book Review

handle is hein.journals/capulr18 and id is 491 raw text is: BOOK REVIEW Callaghan's Appellate Advocacy Manual, Lawyer's Edition, By John W. Cooley (2 volumes, looseleaf 1989). There is much to recommend John W. Cooley's Appellate Advocacy Manual. Unfortunately, for this reader at least, there is also much which seems irrelevant and unnecessary. (A reviewer of a more suspicious nature might conclude that the publisher took what was to be a distin- -uished single volume and diluted its contents to form two volumes of u -ven quality in order to appear to justify a looseleaf subscription and a higher price tag.) The first two hundred pages of the first volume comprise an excursus into theories of art and thought. Indeed, the whole of the first volume is sprinkled generously with quotations of dubious application from Robert Henri's The Art Spirit, such as, for example, [tihe mind is a tool, it is either clogged, bound, rusty, or it is a clear way to and from the soul. An artist should not be afraid of his tools. He should not be afraid to know. After comparing the appellate practitioner to an artist, a scientist, and a phychologist (among other vocations), Mr. Cooley turns to a discussion of thinking and the differences between the left brain and the right brain. In my opinion, the inclusion of this material (and without question its posi- tion) is an egregious mistake that will threaten the serious reader's atten- tion and perhaps, compel some to judge his work prematurely as un- focused and unhelpful. Such peremptory dismissal, however, would be a shame, because there is a wealth of useful information waiting for those who are willing to slog on past these introductory irrelevancies. The first of the two volumes is devoted to a general discussion of the skills necessary for appellate practice: making the record, perfecting the appeal, reading the record, reviewing the rules of appellate procedure, find- ing grounds for appeal, and drafting the various components of an appellate brief. Mr. Cooley's third chapter on preserving the record for appeal is interesting and cogent. It seems to this reader that both fledgling appellate practitioners and veterans alike will find valuable pointers on the handling of exhibits and the timing of motions. The fourth chapter on perfecting the appeal is cursory, but it does include an interesting table setting forth in Court of Appeals for the Seventh Circuit's determinations on the reviewability of various orders and motions. The fourth chapter also in- cludes references to state rules of appellate procedure that govern the filing of notices of appeal, but it is by no means a complete list. The bibliographies to these chapters (and to most of the other chapters) are detailed, current, and helpful. The fifth chapter is a succinct but solid ad- monition to read all of the pertinent rules of court before mounting an

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most