Monday, March 2, 2009

It's the brief that matters, not oral argument

Thanks to our good buddy Raymond Ward at "the (new) legal writer" blog for reminding us of this quote from Fifth Circuit Judge John Brown as reported in Groendyke Transport, Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969):

Oral argument, as such, is rarely, if ever, so essential to elemental fairness as to orbit to a constitutional apogee. Indeed, the practice of Courts of disposing of cases in a variety of situations on the papers, reflects the experience of mature judges that oral argument in many, many cases adds nothing to the process of enlightenment.

Hat tip to the (new) legal writer blog.

I am the scholarship dude.


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