Is it a human right, constitutional, civil, criminal, insitutional, economic, or moral
issue?
How is the issue presented legally with respect to it being a right, liability, or
obligation?
Much regulation is sectorial or media based; what sector or media is addressed? i.e. Is
speech like personal speech, print, or broadcast, is search cast as a warrent or court
order?
Often, half the battle is setting the venue and choice of the policy/legal instrument
before the merits (in that venue) are decided. How much debate is related to this for your
given issue?
Europeans speak often of human rights
Americans often speak of constitutional rights
Moving an issue from the civil to the criminal domain (or employing both) can be
advantageous to a party. (i.e. recent copyright legislation.)
Technical issues are often resolved through standards organizations or old boy networks.
Rationalizations include "we know best," and free market efficiency.
Legal issues are brought to bear in cases of common or statutory law and equity.