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From Björn Höhrmann: 1) The phrase talks about a "first line", while the document type declaration in the example takes two lines 2) The example should (as per XHTML 1.0) include a XML declaration 3) The example should (as per XHTML 1.0) use both, the lang and the xml:lang attribute 4) A "List List"? :-)
Items #2 and #3 are debatable. AFAIK, the "lang" attribute is a compatibility patch (but may be a WAI/WCAG checkpoint), and the XML Decl is problematic in current browsers. This needs some thought.
Item #4 ("List List") fixed.
Item #1 ("first line") fixed.
Item #3 fixed.
Resolving to not use an XML Decl for now (Item #2). The cost vs benefit isn't clear and I think it's better to be conservative.