Abstract
Counsel in appellate litigation play an important role in shaping a court's issue agenda by defining the context for their judicial audience. Through appellate briefs, advocates can provide clear cues in a complex decision making environment. This paper evaluates the role of advocates in the U.S. Court of Appeals for the Seventh Circuit by examining the characterization of issues offered in appellate briefs against the issues addressed in the court's decisions. Specifically, in an environment in which attorneys are expected to frame the issues on appeal and judges are expected to respond to those issues, what accounts for judges addressing some issues while suppressing others? The analysis indicates that approximately one-fifth of the issues raised by appellants are not addressed by the court. Furthermore, litigant resources appear to affect the success of advocates with respect to the judicial treatment of issues and case outcomes.
Recommended Citation
Susan B. Haire & Laura P. Moyer,
Advocacy Through Briefs in the U.S. Courts of Appeals,
32
S. Ill. U. L.J.
593
(2008).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol32/iss3/8