Constitutional fictions : a unified theory of constitutional facts

Constitutional fictions : a unified theory of constitutional facts / David L. Faigman.

David Faigman examines the role of fact-finding in constitutional cases. Because the role of facts is central to the day-to-day realities of constitutional law, he provides an extraordinarily important analysis of a subject that has been largely ignored by constitutional scholars.

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Bibliographic Details
Main Author: Faigman, David L. (David Laurence)
Format: eBook
Language:English
Published: Oxford ; New York : Oxford University Press, ©2008.
Subjects:
United States. > Constitution.
Constitution (United States)
Constitutional law > United States.
Science and law > United States.
Evidence, Expert > United States.
Judicial review > United States.
Constitutional law
Evidence, Expert
Judicial review
Science and law
United States
Online Access:Click for online access
Table of Contents:
  • Facts in constitutional cases
  • Scientific realism in constitutional law
  • A taxonomy of constitutional facts
  • Defining the Constitution's frames of reference
  • Proving constitutional facts : sources and burdens of proof for doctrinal, reviewable, and case-specific facts
  • Judicial review of constitutional fact-finding : juries, judges, legislatures, and administrative agencies
  • The prospect of courts reviewing higher court constitutional fact-finding
  • A unified theory of constitutional facts.

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