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Full-Text Articles in Law
May It Please The Court–Or Not: Appellate Judges' Preferences And Pet Peeves About Oral Argument, Margaret D. Mcgaughey
May It Please The Court–Or Not: Appellate Judges' Preferences And Pet Peeves About Oral Argument, Margaret D. Mcgaughey
The Journal of Appellate Practice and Process
No abstract provided.
Infrequently Asked Questions, Edward T. Swaine
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 …
The Best Oral Argument I (N)Ever Made, Judith S. Kaye
The Best Oral Argument I (N)Ever Made, Judith S. Kaye
The Journal of Appellate Practice and Process
No abstract provided.
In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman
In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman
The Journal of Appellate Practice and Process
The Solicitor General is often asked to give advice on oral advocacy. Seth P. Waxman has been reluctant to give such advice. Asking an advocate for advice about oral advocacy instead of a judge is like asking a fisherman for advice about catching fish if fish could speak. Waxman begins with a look at the life of acclaimed advocate, Daniel Webster, before giving his long reserved advice.
In Defense Of Oral Argument, Stanley Mosk
In Defense Of Oral Argument, Stanley Mosk
The Journal of Appellate Practice and Process
Stanley Mosk presents a case against the trend of appellate courts granting oral argument less frequently.