Although the 13 United States courts of appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics but also to many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each court of appeals. In-depth interviews of the chief judges of all 13 circuits and surveys of all clerks of court reveal previously undisclosed practices and customs.

This chapter takes a break from ICJ proceedings and turns to international trade litigation. In Brussels, Commission lawyers Jasper Schoonraad and Duncan Doyle are preparing the European Union’s defence in a WTO dispute about imports of palm oil. The chapter is devoted to the difficult business of making a persuasive case before an international court, and reviews the building blocks of a good written brief. The skilful collection and organization of factual evidence, the ability to formulate legal arguments that resonate with the judges’ sensibilities, and the reputation of counsel in their professional environment are the elusive hallmarks of success as an international litigator. However, what distinguishes an excellent brief is its internal logic. To make a truly strong case, the counsel must develop a tight and coherent narrative that provides the court with the means to comfortably rule in their client’s favour.