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The Online Criminal Trial As A Public Trial, Stephen Smith
The Online Criminal Trial As A Public Trial, Stephen Smith
Faculty Publications
There are two ways of favorably conceiving online trials in Sixth Amendment terms. One is that an online trial is a public trial, by its terms. The other is that an online trial may not be public, for Sixth Amendment purposes, but may nonetheless satisfy applicable constitutional demands for trials considered “closed.” This Essay proposes both: that an online trial is fundamentally “public” for Sixth Amendment purposes and, if it is not, it may still be a constitutional accommodation of the Sixth Amendment’s public trial guarantee, in appropriate circumstances.
The constitutionality of an online trial may be largely an idle …
Santa Clara Law Best Practices In Patent Litigation Survey, Colleen Chien, Nicole Shanahan, Daniel Dobkin, Wesley Helmholz, Coryn Millslagle, Christopher Patrick Tosetti
Santa Clara Law Best Practices In Patent Litigation Survey, Colleen Chien, Nicole Shanahan, Daniel Dobkin, Wesley Helmholz, Coryn Millslagle, Christopher Patrick Tosetti
Faculty Publications
Over the past few years, Congress, appellate, and district courts have made significant strides to improve patent law and litigation practice. Congress is now considering making more changes, to supplement ongoing tailoring by the courts. Dialog between the patent bench, patent bar, and lawmakers is crucial for informing these efforts. To support this dialog, we developed, in consultation with judges and company lawyers in spring of 2013, a list of questions to probe the experiences, opinions, and suggestions of lawyers. We asked survey takers to rate, on a range from ineffective to very effective, certain existing and proposed practices and …