Why Aren’t NFL Instant Replays Reviewed De Novo?

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.

Source: PrawfsBlawg

#1 Legal Research App

Winner of the prestigious American Association of Law Libraries (New Product) Award, Fastcase for iOS, Android, and Windows Phone is used by more attorneys than any other legal app according to the ABA. Anyone may use the app for free to access Fastcase's comprehensive legal research database on the go.