OK, for those who may have killed off a few brain cells yesterday during the Super Bowl, here's a chance to toughen up the survivors.
How Appealing has links to two articles (both via Legal Theory Blog) that can help appellate lawyers peek behind the curtain and see how appellate jurists make their decisions.
First, Judge Richard Posner and professors Lee Epstein and William Landes analyze "Why (And When) Judges Dissent."
Second, Judge Douglas Ginsburg looks at the use of "Originalism and Economic Analysis" in Supreme Court decision-making.
Heady stuff . . . especially the morning after the Big Game.