deepal C

Legal Analysis: 2 Degrees of Freedom

1) Framework of Analysis

2) Arguments

This is no new insight, but it does seem that when a judge shifts frameworks of analysis, it has much less of an impact on the relevance of the arguments then s/he tries to make you think it has. It’s one of those things where you’re like, “hey, that sounds about right,” and then after thinking about it for a few minutes you go, “wait a minute…”  Basically, I start off under the assumption that the judge is trying to pull a fast one on us and hope that I am wrong and s/he does in fact have integrity.