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Constitutional Fictions
David Faigman's Constitutional Fictions is the first book-length examination of the role of fact-finding in constitutional cases. Because the role of facts is central to the day-to-day realities of constitutional law, Faigman provides an extraordinarily important analysis of a subject that has been largely ignored by constitutional scholars. To show how contemporary facts play into constitutional analysis, Faigman examines some of the most controversial subjects of the late twentieth century, including physician-assisted suicide, abortion, sexual predators, free speech, and privacy. The Constitution is popularly thought of as a static document that embodies fundamental values and foundational principles of governance. However, the values and principles that the Constitution embodies must be applied to the circumstances and challenges of changing times. Constitutional Fictions explains how contemporary facts should be incorporated into constitutional decisions, thus allowing the Constitution to endure for the ages.
Legal Alchemy
Is scientific information misused by this country's court system and lawmakers? Today more than ever before, lawyers, politicians, and government administrators are forced to wrestle with scientific research and to employ scientific thinking. The results are often less than enlightened. In Legal Alchemy, David Faigman explores the ways the American legal system incorporates scientific knowledge into its decision making. Praised by both legal and scientific communities when it first appeared in hardcover, Legal Alchemy shows how science has been used and misused in a variety of settings, including • The Courtroom—from the O. J. Simpson trial to the Dow Corning silicone breast implant laws...
The Psychological Foundations of Evidence Law
Identifies and evaluates the psychological choices implicit in the rules of evidence Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the...
Modern Scientific Evidence
This book features the following salient topics: the General Assumptions and Rationale of Forensic Identification; DNA Typing; Parentage Testing; Fingerprint Identification; Handwriting Identification; Firearms and Tool Mark Identification; Bullet Lead Analysis; Identification from Bite Marks; Talker Identification; Polygraph Tests; Fires, Arsons, and Explosions; and Alcohol and Drug Testing.
Handbook of Psychology in Legal Contexts
The second edition of this popular international handbook highlights the developing relationship between psychology and the law. Consisting of all-new material and drawing on the work of practitioners and academics from the UK, Europe, North America and elsewhere, this volume looks not only at the more traditional elements of psychology and the law - the provision of psychological assessments about individuals to the courts - but also many of the recent developments, such as the interaction between psychologists and other professionals, decision-making by judges and juries, and the shaping of social policy and political debate. Contemporary and authoritative in its scope, the second edition ...
The Federal Rules of Evidence Map
This poster-sized flowchart depicts operations within the individual Restyled Federal Rules of Evidence and the relationships between different rules.
Laboratory of Justice
From the American Revolution to the genetic revolution, to race and abortion rights, legal expert David L. Faigman’s Laboratory of Justice examines the U.S. Supreme Court’s uneasy attempts to weave science into the Constitution. Suppose that scientists identify a gene that predicts that a person is likely to commit a serious crime. Laws are then passed making genetic tests mandatory, and anyone displaying the gene is sent to a treatment facility. Would the laws be constitutional? In this illuminating history, Laboratory of Justice: The Supreme Court’s 200-Year Struggle to Integrate Science and the Law, legal scholar David L. Faigman reveals the tension between the conservative nature o...
Toxic Tort Litigation
Trying a toxic tort case is unlike other high-stakes litigation. This guide explores the legal elements that distinguish toxic tort litigation, explaining theories of liability and damages as well as procedural and substantive defenses. Chapters cover scientific and medical evidence, causation, trial management and strategy, settlement, and specialized litigation, including mold, lead, asbestos, silica, food products, pharmaceuticals, and MTBE.
How Law Knows
"The chapters in this book were originally prepared ... during the 2004-2005 academic year."--Acknowledgments.
