Adam's Legal Newsletter • 239 implied HN points • 13 May 24
- In judicial decision-making, applying precedent like a robot can lead to simple and predictable case resolutions.
- Civil asset forfeiture cases can be complex, leading to unfair outcomes for innocent owners, with issues such as timing, burden of proof, and lack of initial judicial oversight.
- While some judges have specific judicial philosophies, there is an argument for mindlessly applying precedent to simplify and predict case outcomes, potentially reducing division and making the judicial process less dependent on individual justices.