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Full-Text Articles in Legal Profession

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.


Narratives Of Self-Government In Making The Case, Benjamin L. Berger Apr 2017

Narratives Of Self-Government In Making The Case, Benjamin L. Berger

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 …


Experience Matters: The Rise Of A Supreme Court Bar And Its Effect On Certiorari, Joseph W. Swanson Apr 2007

Experience Matters: The Rise Of A Supreme Court Bar And Its Effect On Certiorari, Joseph W. Swanson

The Journal of Appellate Practice and Process

No abstract provided.


Reflections On Appellate Courts: An Appellate Advocate's Thoughts For Judges, Mary Massaron Ross Oct 2006

Reflections On Appellate Courts: An Appellate Advocate's Thoughts For Judges, Mary Massaron Ross

The Journal of Appellate Practice and Process

No abstract provided.


Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld Oct 2005

Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld

The Journal of Appellate Practice and Process

No abstract provided.


Words To The Wise: David C. Frederick's Supreme Court And Appellate Advocacy, Mark R. Kravitz Oct 2003

Words To The Wise: David C. Frederick's Supreme Court And Appellate Advocacy, Mark R. Kravitz

The Journal of Appellate Practice and Process

No abstract provided.


A First Argument In The Tradition Of Many, Beth S. Brinkmann Apr 2003

A First Argument In The Tradition Of Many, Beth S. Brinkmann

The Journal of Appellate Practice and Process

No abstract provided.


First Argument In The United States Supreme Court, Talbot D'Alemberte Apr 2003

First Argument In The United States Supreme Court, Talbot D'Alemberte

The Journal of Appellate Practice and Process

No abstract provided.


Why Me?, Walter Dellinger Apr 2003

Why Me?, Walter Dellinger

The Journal of Appellate Practice and Process

No abstract provided.


I Couldn't Wait To Argue, Timothy Coates Apr 2003

I Couldn't Wait To Argue, Timothy Coates

The Journal of Appellate Practice and Process

No abstract provided.


Learning (And Teaching) From Doing, Edward B. Foley Apr 2003

Learning (And Teaching) From Doing, Edward B. Foley

The Journal of Appellate Practice and Process

No abstract provided.


Still Grateful After All These Years, Christina M. Tchen Apr 2003

Still Grateful After All These Years, Christina M. Tchen

The Journal of Appellate Practice and Process

No abstract provided.


Tilting At Windmills, Andrew L. Frey Apr 2003

Tilting At Windmills, Andrew L. Frey

The Journal of Appellate Practice and Process

No abstract provided.


First Argument Impressions Of The Supreme Court, Stuart M. Riback Apr 2003

First Argument Impressions Of The Supreme Court, Stuart M. Riback

The Journal of Appellate Practice and Process

No abstract provided.


Public Rights, Private Rites: Reliving Richmond Newspapers For My Father, Laurence H. Tribe Apr 2003

Public Rights, Private Rites: Reliving Richmond Newspapers For My Father, Laurence H. Tribe

The Journal of Appellate Practice and Process

No abstract provided.


Once Is Not Enough, Or How About Arguing Your First Two Supreme Court Cases Back To Back . . . And Losing?, Ian A. Macpherson Apr 2003

Once Is Not Enough, Or How About Arguing Your First Two Supreme Court Cases Back To Back . . . And Losing?, Ian A. Macpherson

The Journal of Appellate Practice and Process

No abstract provided.


Advocacy Before The United States Supreme Court, Robert H. Jackson Apr 2003

Advocacy Before The United States Supreme Court, Robert H. Jackson

The Journal of Appellate Practice and Process

No abstract provided.


Twice Grilled, J. Thomas Sullivan Apr 2003

Twice Grilled, J. Thomas Sullivan

The Journal of Appellate Practice and Process

No abstract provided.


From Webster To Word-Processing: The Ascendance Of The Appellate Brief, William H. Rehnquist Jan 1999

From Webster To Word-Processing: The Ascendance Of The Appellate Brief, William H. Rehnquist

The Journal of Appellate Practice and Process

Chief Justice William Rehnquist analyzed the evolution of Supreme Court advocacy. The discussion begins with the initial preference for oral arguments and the influence of nineteenth century Supreme Court advocate Daniel Webster. The discussion then turns to the Court’s shift from more attention to oral argument to written briefs.