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Constitutional Fictions
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.
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...
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.
Laboratory of Justice
"Faigman is one attorney who hasn't shied away from insisting that judges stay up to speed with scientific knowledge." -The Christian Science Monitor Suppose that scientists identify a gene sequence that predicts the likelihood that a person will commit a serious crime in the future. Laws are passed making genetic tests mandatory, and anyone displaying the genes is sent to a treatment facility. Would the laws be constitutional? In this illuminating history, legal scholar David L. Faigman wrestles with these moral and political conundrums, revealing the tension between science and the law. The Supreme Court works by precedent, while science works through constant innovation. In the nineteenth century, eugenics and phrenology helped decide the "race question" in the famous Dred Scott and Plessy v. Ferguson cases; Roe v. Wade set a standard for the viability of a fetus that, just thirty years later, could become obsolete with modern medicine. And how does the Fourth Amendment apply in a world filled with high-tech surveillance devices? To ensure our liberties, Faigman argues, the Court must embrace science rather than resist it, turning to the lab as well as to precedent.
Science in the Law
This book is a student edition spin-off from the popular Science Law. The authors introduce law students to the rigors and details underlying scientific expert testimony, offering an entry point to a host of scientific fields that are highly relevant to the law. The book is designed to acquaint law students with scientific fields that are crucial to practicing law. Subjects reviewed include admissibility of scientific evidence. ethical standards of, and those concerning expert witnesses, statistical proof, survey research, epidemiology, and toxicology.
Science in the Law
This book is a student edition spin-off from the popular Science Law. The authors introduce law students to the rigors and details underlying scientific expert testimony, offering an entry point to a host of scientific fields that are highly relevant to the law. The book is designed to acquaint law students with scientific fields that are crucial to practicing law. Topics covered include insanity and diminished capacity, predictors of violence, sexual aggressors, battered women or children, rape trauma syndrome, children's memory and testimony, eyewitness identifications, hypnosis, repressed memories, gender stereotyping, and polygraph tests.
