Anecdotes and research support the notion that oral arguments do not often influence case outcomes. Chief Justice John Roberts said as much in an interview with Bryan Garner for the Scribes Journal in 2010: “The oral argument is the tip of the iceberg — the most visible part of the process — but the briefs…
Tag: network analysis
I’m Still Standing
What ingredients come to mind when you think of cases before the Supreme Court? One might opine controversial issues or high stakes litigation. At a case level one might say circuit splits or elite attorneys. Still, there are more elementary components of litigation mentioned in Article III and they start with a case or controversy. …
The Supreme Court: Where Everyone Knows Your Name
At any level of legal jurisdiction, the American court system tends to operate as a system of working groups. That is, even as particular litigants and litigation are constantly changing, a core group of actors – i.e., judges, prosecutors, and defense attorneys – tend to retain a consistent presence in the courtroom. The Supreme Court…