Episode Details

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 questions are too technical for anyone outside the profession to care about? Episode #104135 — open it directly at myweirdprompts.com/104135