Constitutional fictions
Subtitle: a unified theory of constitutional facts
By: David L. Faigman.
Publisher: Oxford University Press
Published: 2008
Place of publication: New York, N.Y
Language: eng
Number of pages: 248
ISBN-13: 9780195341270
Subjects: United States; Constitutional law -- United States; Science and law -- United States; Evidence, Expert -- United States; Judicial review -- United States
Description: 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.
Notes: Includes bibliographical references and index.
Table of contents: title: Facts in constitutional cases; title: Scientific realism in constitutional law; title: A taxonomy of constitutional facts; title: Defining the constitution's frames of reference; title: Proving constitutional facts : sources and burdens of proof for doctrinal, reviewable, and case-specific facts; title: Judicial review of constitutional fact-finding; title: Juries, judges, legislatures, and administrative agencies; title: Lower court review of higher court; title: Constitutional fact-finding; title: Unified theory of constitutional facts.