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The Art of Cross-Examination in PTAB Trials
Get PDFDespite similarities in form, a cross-examination in a Patent Trial and Appeal Board (“PTAB”) trial constitutes trial testimony, which is different from a discovery deposition occurring in civil litigation. While most practitioners would readily recognize this distinction in the abstract, it can be easy to fall back into patterns learned in and applicable to pretrial discovery in civil litigation that may not fit for a PTAB cross-examination. The PTAB regulations describe cross-examination as “routine discovery” in the “form of a deposition transcript,” but a civil action discovery deposition and a PTAB trial cross-examination deposition differ in their goals, their applicable rules, and their use in the case, all of which should inform how one approaches the cross-examination process. One of the classic texts on trial advocacy, THE ART OF CROSS-EXAMINATION, was published more than a century ago. Through stories and descriptions, that book has taught generations of lawyers its techniques for approaching cross-examination in a live courtroom setting. In this article, drawing its title from that work, we will review some of the regulations, guidelines, and cases from the Board instructing counsel on how to approach and conduct cross-examination in the PTAB trial
Taking the Predators Out of the Food Chain: Harnessing Gainful Employment Metrics to Protect Vulnerable Student Borrowers from Avaricious Institutions
Get PDFCOVID-19 & The Sixth Amendment: Questions of Confrontation, Credibility, and Constitutionality in Cook County\u27s Courtrooms
Get PDFReexamining The Reviewed: Challenging Patents Subject to Inter Partes Review Via Ex Parte Reexamination
Get PDFCorruption 2.0 (forthcoming)
No full textNeoliberalism and its accompanying austerity measures are shrinking local and national government budgets, even though constituent needs remain pressing. In desperation, public officials sometimes replenish public coffers through illicit extraction from segments of the population poorly positioned to fight back. In Detroit, for example, city officials inflated property tax assessments in violation of the Michigan Constitution, leading to illegally inflated property taxes that many homeowners could not afford to pay. Consequently, since 2009, one in three homes have completed the property tax foreclosure process, the highest number of property tax foreclosures in American history since the Great Depression. These unlawful practices are not just occurring in Detroit, but also in other American cities such as Ferguson, Philadelphia, and New Orleans.Nevertheless, because corruption is universally defined as corrupt acts that are for private or personal gain, there is currently no lexicon to describe corrupt acts that principally benefit the public treasury. This overlooked phenomenon is corruption 2.0. or what I have coined “stategraft,” which is when state agents transfer property from persons to the state in violation of the state’s own laws or basic human rights. To establish stategraft as an essential theoretical framework, this Article elaborates its definitional elements, demonstrates its conceptual value, and shows how it extends existing discourses on corruption, state crime, and the predatory state
Vol. 39, Vol. 4
Get PDFPraying at the 50-Yard Line: How Will Kennedy v. Bremerton Impact Public Schools?https://scholarship.kentlaw.iit.edu/iperr/1129/thumbnail.jp
