Sometimes the law wins a case; sometimes the facts do. Yet, even when the case presents a purely legal question, it pays to shape the factual narrative to make sense of the applicable law. In its first-of-the-term oral argument, the…
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Shortcomings in Arguing Original Public Meaning
The New World of Constitutional Appellate Advocacy
When to Make a Bold Argument
History Rewritten to Serve Selfish Ends – and Serve an Argument
Presenting Issues as an Advocate
Providing Fresh Perspective at Oral Argument
Agency deference and statutory interpretation
Tackling a New Area of Law on Appeal Without Fear
Too many (foot)notes
Arguing History
Knowing When to Sit Down
Whither (wither?) Strict Scrutiny?
Denying Unenumerated Rights
