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Tuesday, March 02, 2004

Lessig on the Eldred argument

Lawrence Lessig, How I Lost the Big One, Legal Affairs, March/April 2004. Lessig's first-person account of the oral argument before the Supreme Court in Eldred v. Ashcroft. Lessig's many well-wishers tell him that the case was unwinnable. But after a year's reflection, he disagrees. He offers fascinating detail on how he constructed his argument, with one eye on the particular judges he would face in court and another on his own reading of the constitution. He's very hard on himself: "Honey, I shrunk the Constitution." (Thanks to Internet Law News.)