Speaking of truly significant developments in legal academia, the instant replay argument rages on at the Wall Street Journal law blog, in a thorough treatment by Josh Patashnik at The New Republic, and
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There are three other factors in favor of the current standard of review: First, it preserves the primacy of the game on the field. Sports are first and foremost about physical performance, not about technology. Close calls and human judgments are part of the game, so referees’ rulings are presumptively upheld.
Second, the “indisputable” standard of review minimizes second guessing afterward. It is easier to accept a doubtful on-the-field call than it would be to accept an equally doubtful video review. Thus, there should be no doubt about accuracy when video review is used.
Finally, what would be the point of de novo video review if it were only to provide a “more likely” rather than an “indisputable” result. The live referees are perfectly capable of determining “likely” result. Video is only superior if it is undoubtedly more reliable.
Posted by: Steven Lubet | Dec 11, 2009 4:31:11 PM