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

Format:

Book

Author/Creator:

Faigman, David L. (David Laurence)

Language:

English

Subjects (All):

Constitutional law--United States.

Constitutional law.

Science and law--United States.

Science and law.

Evidence, Expert--United States.

Evidence, Expert.

Judicial review--United States.

Judicial review.

United States. Constitution.

United States.

Physical Description:

1 online resource (245 p.)

Place of Publication:

New York : Oxford University Press, c2008.

Language Note:

English

Summary:

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.

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.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Description based on print version record.

Includes bibliographical references (p. [183]-215) and index.

ISBN:

0-19-986687-2

1-282-73096-7

9786612730962

0-19-971231-X

OCLC:

407049980