NCJ Number
95250
Date Published
1984
Length
192 pages
Annotation
These 13 articles by distinguished judges and attorneys were compiled for a 1984 conference on Supreme Court appellate advocacy, and they offer suggestions for preparing and delivering the 30-minute argument allowed in a Supreme Court appeal.
Abstract
A classic speech delivered in 1940 by the Honorable John W. Davis, 'The Argument of an Appeal,' offers 10 commandments for arguments before the Supreme Court. The Honorable Robert H. Jackson, in a 1951 lecture, discusses who should present the argument, what questions to present, appropriate aids to delivery, and questions from the bench. The Honorable Arthur B. Vanderbilt, in a 1950 address, examined both the substance and style of appeal arguments, while the Honorable Walter V. Schaefer, in a 1954 lecture, identified elements that distinguish great or at least effective oral arguments from those that are mediocre or worse. A judge with considerable experience in appellate work before the Supreme Court details guidelines for preparing a brief, the oral argument, and answering questions from the bench. A 1971 paper by the Honorable Erwin Griswold, then Solicitor General of the United States, focuses on challenges the 30-minute limitation present to advocates. Papers by lawyers experienced in appellate work before the Supreme Court explain how to prepare and deliver an effective oral argument and discuss modifications in traditional advice governing Supreme Court advocacy dictated by the 30-minute time limit. Other lawyers describe the characteristics of individual Supreme Court judges to guide advocate behavior, preparing certiorari petitions, and opposing such petitions.