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19 Legal Comm. & Rhetoric: JAWLD 169 (2022)
Oral Advocacy A Bibliography

handle is hein.journals/jalwd19 and id is 179 raw text is: BIBLIOGRAPHY Oral Advocacy A Bibliography Barbara Gotthelf* 1. Introduction Wither oral argument? That is the question often posed by many the articles in this bibliography.' A centuries-long trend has brought us from an oral tradition of persuasion to one that is writing based. Oral arguments that once consumed days are now delivered in fifteen minutes or less, if at all. And that was before COVID-19. Today, oral arguments are even less common, and they are conducted via glitchy software across erratic broadband connections. Meanwhile, an unlucky cohort of law students whose opportunities to practice oral advocacy in law school were already limited are graduating without ever having stood before a lectern to address a panel of judges. Does this matter, as other writers ask?2 After all, the literature suggests that most judges have their minds made up before arguments are heard.3 Yet, after a year on the bench, Chief Justice John Roberts concluded that oral argument is terribly, terribly important. I feel more confident about that now than I ever did as an advocate.4 For Chief Justice Roberts, oral argument is the organizing point for the entire judicial process.' That may well be the case in the United States Supreme Court, * Professor of Professional Practice, Rutgers Law School-Camden. Thanks to Ruth Anne Robbins for encouraging me to write this bibliography; Nancy Talley, our excellent Rutgers Law librarian; and Michael Rosenthal, for his research and editing assistance. 1 See, e.g., James C. Martin & Susan M. Freeman, Wither Oral Argument? The American Academy of Appellate Lawyers Says Let's Resurrect It!, 19 J. App. PRAC. & PROCESS 89 (2018). 2 See infra section 11.5. 3 Mark R. Kravitz, Written and Oral Persuasion in the United States Courts: A District Judge's Perspective on Their History, Function, and Future, 10 J. App. PRAC. & PROCESS 247, 267 (2009). 4 John G. Roberts Jr., OralAdvocacy and the Re-Emergence of a Supreme Court Bar, 30 J. Sup. CT. HIST. 68, 69 (2005). 5 Id. at 70.

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