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University of Arkansas at Little Rock William H. Bowen School of Law

Oral argument

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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 Feb 2021

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 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 …


The Best Oral Argument I (N)Ever Made, Judith S. Kaye Oct 2005

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 Oct 2001

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 Jan 1999

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.