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Tuesday, November 15, 2011

Orality in the appeals process

Some have suggested the need/desire for greater orality in the appellate process—greater use of oral arguments and oral engagement between the court and the parties. The most prominent argument comes from Daniel Meador in Maryland Law Review (42 Md. L. Rev. 732 (1983)). This issue comes to mind with the Court scheduling 5 1/2 hours of oral argument in the health care cases, which Gerard Magliocca calls "very 19th century." Perhaps this also is Meador's point in action--greater orality equals greater visibility and transparency in the appellate process (especially if they would let cameras in already).

Posted by Howard Wasserman on November 15, 2011 at 06:15 PM in Civil Procedure, Constitutional thoughts, Current Affairs, Howard Wasserman, Law and Politics | Permalink

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