Wednesday, February 6, 2013
Many have observed that the use of oral argument in federal appellate cases has decreased in recent years. Now two professors have quantified that decrease. David R. Cleveland (right) of Valparaiso and Steven Wisotsky (left) of Nova have published a detailed documentation of the decline of oral argument since the 1970s. But they argue that oral argument should not be lightly discarded: “[T]here is significantly greater value in oral argument than presently recognized by federal appellate court rules and practice. We recommend that this value be more fully appreciated and that the federal appellate courts make greater use of oral argument.” The article is available at 13 J. App. Prac. & Process 119 (2012).