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Legal Profession

The Journal of Appellate Practice and Process

Supreme court

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Infrequently Asked Questions, Edward T. Swaine Oct 2016

Infrequently Asked Questions, Edward T. Swaine

The Journal of Appellate Practice and Process

If appellate advocates could hear from courts about topics that might be raised during oral argument—as opposed to relying solely on their ability to anticipate the issues—might their answers be better? That seems likely, but it is unlikely that research could confirm that, as judicial practice overwhelmingly favors impromptu questioning. Spontaneity may be harmless if the question was predictable, or unavoidable if a judge just thought of the question. But sometimes advocates have to answer challenging questions concerning the law, facts, or implications of a position—questions that help decide the case, either due to the quality of the answer or …


All Copying Is Not Created Equal: Borrowed Language In Supreme Court Opinions, Adam Feldman Apr 2016

All Copying Is Not Created Equal: Borrowed Language In Supreme Court Opinions, Adam Feldman

The Journal of Appellate Practice and Process

No abstract provided.