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Why Trials Still Happen When Precedent Seems Clear
Why do tens of thousands of cases still go to trial every year, even as precedent piles up and outcomes grow more predictable? And what makes a tiny handful of those cases — like the decomposed snail that birthed modern negligence law — become household names? This episode explores the gap between how precedent works in theory and how it actually functions in practice: asymmetric incentives, strategic litigation designed to lose at trial in order to win on appeal, and the cultural resonance that turns a legal holding into a landmark. Plus: are we entering an era where the most important legal…
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