It is a commonplace to speak of the application of law to facts. Application is a practical art, and thus involves method. Curiously, there is a paucity of discussion of the various methods by which substantive legal standards are applied to facts. This omission is significant. Method is not outcome-determinative in all cases, but, at a minimum, it guides analysis, opening certain possibilities and foreclosing others.
James E. Scheuermann & William D. Semins,
A New Method For Regulatory Antitrust Analysis? Verizon Communications Inc. v. Trinko,
Rich. J.L. & Tech
Available at: http://scholarship.richmond.edu/jolt/vol12/iss1/2