Some people think that the constitutionality of the individual health care mandate is the most important legal issue of the day. But others clearly believe that it is the question of whether instant replay review of NFL referee calls should be conducted under a de novo standard. For those interested in this crucial issue, Texas […]
Tag Archives | Instant Replay
Debate Over De Novo Review of Instant Replay Decisions Continues
Duke Law Professor Joseph Blocher’s argument that NFL instant replay reviews should reconsider on-field calls de novo has resulted in an extensive debate. The Wall Street Journal law blog has a list of various links here. I endorsed Blocher’s argument in this post. There has also been a response by Josh Patashnik of the New […]
Why Instant Replay Should be Like de novo Appellate Review
Most lawyers know that appellate courts usually review lower courts’ legal decisions de novo, while overturning factfinding and trial management decisions only if the lower court was guilty of “abuse of discretion.” In other words, if the appellate judges believe the lower court got the law wrong, they will reverse its decision; but they will […]