re: Caltech v Broadcom/Apple: Claim: Complexity has outpaced juries' ability to understand subtleties with deep tech. Even if they take their civic duty seriously, the right outcome may only happen by chance. What does "jury of peers" look like in 21st century?
For criminal cases, selection of jury of peers has flaws (consider peremptory challenges, Flowers v. Mississippi), but is our attempt to hold citizens to standards set by other citizens. It's an intentional feature of our adversarial legal system.
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But for BigCo v BigCo, litigating Super Complex Topic With Significant Implications (ex: Google v Oracle), it breaks. Idea: Assemble a group of - citizens, protecting the common person - domain experts, understanding the tech - similar companies, advocating for market impact
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For large civil cases, it's possible to align incentives such that experts and similar companies participate. Jury selection could work similarly, with companies being selected (and then, possibly, challenged incl. for cause). Judges moderate selection as they do now.
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