Falling on His Sword

Legal Affairs has a very interesting story by Lawrence Lessig, the attorney who argued a major copyright case before the Supreme Court a few years back. He lost, unfortunately. This piece is a very informative post mortem of the case and what Lessig thinks he did wrong. It very much drives home to me the old appellate cliche that you actually have three oral arguments: the one you planned, the one you do, and the one you should have done. Anybody who wants to know what it's like to appear before an appellate court should read this article.