November 09, 2011 Articles

When Colors Do Not Match: The Serious Business of Appellate Advocacy

The words of Justice Benjamin Cardozo ring as true today as they did almost a hundred years ago when he shared them with the world. But what can they mean for the appellate practitioner?

By Alexander Rayskin

β€œIt is when the colors do not match, when the references in the index fail, when there is no decisive precedent, that the serious business of the judge begins.”

– B. Cardozo, The Nature of the Judicial Process 21 (1922).

These words ring as true today as they did almost a hundred years ago when Justice Cardozo shared them with the world. But what can they mean for the appellate practitioner?

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