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Will Marks Publishes ABA Article on Importance of First Principles in Appellate Law

March 7, 2024

The American Bar Association published an article by litigation associate Will Marks on first principles of the U.S. legal system, and why they’re crucial in appellate practice. In “The Importance of First Principles,” published on the ABA’s website on March 7, Will discusses how, even when there is applicable precedent, appellate lawyers rely on first principles—the foundational, enduring concepts on which the rules in the legal system are based—to argue their cases. “Showing that first principles support your position is critical in appellate practice, even if precedent is on your side,” Will writes. “Appellate judges want to get the law right, and they are cognizant that the rules they adopt in one case will govern others. Appellate courts are thus more likely to rule in your client’s favor—and not to distinguish away your best cases—if you can show that your position comports with first principles.”

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