Kentucky

This 27 minuted podcasted interview is free with clicks to book and to transcript regarding Garner and Scalia's Book "Making Your Case".

Podcast: Scalia and Garner on Appellate Advocacy
ABA Web Site

In March, the ABA Journal?s Richard Brust sat down with U.S. Supreme Court Justice Antonin Scalia in the Supreme Court?s Lawyers? Lounge?joined by Bryan A. Garner via teleconference?to talk about writing and oral argument.

• Some short bullets:
  • Written and oral advocacy
  • Be brief
  • Listen to questions
  • Know your audience but can't focus on one judge when panel
  • Textualist vs. statutory or legislative history
  • Humor to be avoided.  Game is not worth the candle, and not every judge (or litigator) has sense of humor.  (but show appropropriate appreciation to attempts at humor by the court ;)
  • Burdens, maxims, and relief sought (besides wanting to win)
  • Growth of a "specialized" appellate bar for both sides (to include Solicitor General for states)
  • Writing tips, contractions, footnotes, citations, spaghetti cites
  • Recognizing the friendly judge and the obstreperous judge or just listen to the quesitons - not all questions are hostile!