November 12, 2008...3:32 am

Knowing When to Concede

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Took in a Moot Court competition today.  Interesting stuff.  Not just the subject matter at debate (the black box status of a powered off/stand-byed open laptop, revocation of permission, chronology of file-copying, and peremptory strikes based upon religion) but also the quality of the counsel and the bench.  I’ve attended a number of appellate hearings, but this might stand as the quickest back and forth I’ve been privy to witness.  I’ve got a new goal.

One of the most interesting points made by a judge came in her recogniztion of counsel’s prudent concessions.  One’s gotta know when to back off, when to throw in the towel.  However, such an option escapes the 1L, alas, our lives keep us pushing.  And in the first semester, many learn a bit too late.  Doesn’t have to be this way.  Second semester, though, all the way through, I’ll be beyond reasonably prudent.  I’ll be a total prude.

What?

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