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Treat Online Trials as an Access-to-Justice Issue | Holland & Hart - Persuasion Strategies

To embed, copy and paste the code into your website or blog: The courtroom is a special place, and there are both symbolic and substantive layers to that special status. At the symbolic layer, there are the physical trappings of the courtroom: Dark wood, granite, columns, raised benches, bars, and flags. But at the substantive level, there are the principles that a courtroom is a space that is open and accessible: Everyone, regardless of resources, circumstances, or station, should be able to participate in the public resolution of disputes. As remote online trials have moved in the past year from experiments to binding verdicts, critics of online trials have focused on both of these layers. They’ve said that online trials symbolically  lack the natural gravitas and solemnity, and substantively fail in providing representative access. As we learn more about the early online trial experience, the symbolic effect appears to be uncertain while the substantive effect seems to tr

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