Duke Law professor Joseph Blocher asks a great question: Why Aren’t Instant Replays Reviewed De Novo?
He argues that unlike trial courts, umpires and referees operating in real time are not in the best place to make the correct call. After all, in sports, the reviewing decision-maker is viewing the play multiple times, from many angles, and in slow motion.
Cited in the blog post is a forthcoming Indiana Law Review article by Chad M. Oldfather and Matthew M Fernholz of Marquette University Law School: Comparative Procedure on a Sunday Afternoon: Instant Replay in the NFL as a Process of Appellate Review.
Check out the comments to Blocher’s post for extra entertainment. Pretty good.