I was a bit nervous during my oral argument, perhaps because it was just the second argument I’ve ever done, and perhaps because it was just because having to argue a real case in front of real judges is pretty daunting.

Fortunately, I remembered that a judge once told me it’s good to be a bit nervous at oral argument, or at least better than to come across as glib and a know-it-all. Maybe some might disagree on this — but at least it kept me from being nervous about being nervous, in addition to just being nervous.

Eugene didn’t have to do any of this.  He could just as easily have noted the case, the issues, and, when the decision issues, his win (or why the court was wrong).  No one would have asked why he didn’t link to a video of his argument.  No one would have asked whether he afraid as he stepped to the podium.  No one would have questioned whether Eugene Volokh, scholar, was up to the task.

For those who, like Eugene, feel the butterflies as you approach, it’s got to make you feel better to know that someone as accomplished as Eugene in the law feels the same way.  Granted, the choices aren’t limited to nervous or a glib know-it-all, but everyone has to work their way up to calm, professional and knowledgeable in their presentation.  We all start somewhere.

I decline to comment on Eugene’s presentation, except to say that it appears to be very effective with the court.  At the end of the day, substance always trumps form when it comes to an effective presentation.  That said, I am incredibly impressed with Eugene’s bravery and humility in being so transparent with his own work.  There was no need to put his professional reputation at risk, yet he did.