Appellate Practice
Mar. 25, 2014
In today's appellate advocacy, talk is cheap
In the last 200 years, appellate argument has transitioned from oral presentation to the written word. By Nathaniel Garrett
In the last 200 years, appellate argument has transitioned from oral presentation to the written word. While oral argument undoubtedly still plays a role - and an important one - in helping attorneys clarify issues left unresolved by briefing or in shaping a court's opinion around the margins, the brief is where an appeal is won or lost.
At the country's founding, and for almost a century thereafter, cases were presented to...
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