LEGAL
In the fourth edition of Supreme Court and Appellate Advocacy on preparing and presenting oral arguments before Justices of the U.S. Supreme Court and other appellate judges, the author seeks to build on new insights gleaned from his continuing practice as a Supreme Court and appellate litigator.
The COVID-19 pandemic caused substantial changes to practice before the Supreme Court, which the author explores in a number of new sections. These include the advent of uninterrupted opening statements, prolonged questioning by justices, and questions by each justice before the conclusion of the advocate’s presentation. These changes call for further refinement of the advocate’s preparation and approach, which the author explores in detail. The chapter on questions has been augmented to develop more comprehensively the objectives justices and judges are trying to achieve at oral argument.
More generally, this edition seeks to update and refine examples from actual arguments, as well as explain newer rules that SCOTUS and the U.S. Courts of Appeals have adopted. Throughout, the author has added new insights about particular aspects of oral argument, from fashioning openings in different circumstances to handling closing and techniques for managing rebuttal. This edition also includes many updated examples from the finest advocates in practice today on some of the most important cases in recent years.
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