The problem is that often this case law is created looking at similar cases as precedent. Instead we should be creating new laws from scratch or else like you s

The problem is that often this case law is created looking at similar cases as precedent. Instead we should be creating new laws from scratch or else like you said we'll always be playing catchup while areas with more reasonable/reactive laws prosper. However that's antithetical to how current American law works though so it would require changing the whole DNA of the system.