Clio Wired (History 696)

The Oyez site follows many of the principals that constitute good design. It has a plain and attractive look and easily navigated pages. The top of the homepage offers links to records organized by case or by justice. A visitor can select, for example, a justice such as Ruth Bader Ginsburg and read a brief bio and summary of her legal career. Then readers can browse decisions to which Justice Ginsberg has contributed. Selecting a case gives a visitor the option of reading opinions and transcripts, or listening to the audio file of the argument. There is also a search feature that can locate cases based on topical searches. The transcripts also make searching the arguments easy enough, although finding the corresponding bit of audio is more difficult.

The project I would like to develop from this archive would be a study of Supreme Court Arguments as performance. While listening to pieces of several cases I was struck by the power of each participant’s performance. The attorneys give a performance of confidence and authority, while balancing their argument with respect and deference. The Justices in turn perform the role of inquisitors. They interrupt, they ask unexpected questions, and they argue between each other. The interesting historical question that I would seek to answer is how these performances effect the application of law. Do the performances in the court room affect which tests are applied? Do they affect rulings? Do performances affect the selection of justices to write certain decisions? Do the decisions reflect the tone of the performance in the court room?

Obviously, effective communication and a well prepared argument is key to winning the court, but text-only sources cannot reveal how tone of voice, pauses for reflection, or a carefully choreographed or awkwardly absent “with respect your honor” can shift the momentum of a legal test. The Oyez archive is a critical resource that could not be easily replicated in a traditional archive environment.