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.

Constitutional Fictions: A Unified Theory of Constitutional Facts

Faigman, David L.

Rules & Procedures

Oxford University Press

Perhaps the greatest challenge to students of the Federal Rules of Evidence is learning how to integrate the details of individual rules into the greater structure of the Code. The Map of the Federal Rules of Evidence was designed to meet that challenge. The format of a map or flowchart permits students to understand both the operations within particular rules and the relationships between different rules. The Rules themselves were designed to provide a comprehensive scheme to resolve questions of admissibility. Evidence does not come neatly divided into discrete packages, labeled "hearsay," "character," or some other designation. A single item of evidence might raise an assortment of evidence issues spanning the spectrum of the Rules. One’s search might begin with the rule against hearsay evidence and require both a search of the exclusions and exceptions to that rule and consideration of adjoining rules such as for writings used to refresh memory or expert testimony. Similarly, analysis of character evidence requires a trek through the subtleties and nuances of Rules 404, 405, 406, 412, 413 and 414 as well as consideration of the impeachment rules 608 and 609. The Map endeavors to provide directions through the labyrinth of the Federal Rules in a way that is both clear and comprehensive.

The Evidence Map 2003-2004

West Group

This law student study aid is presented in the format of a map or flowchart. This work permits students to understand both the operations within particular rules and the relationships between different rules. It provides clear and comprehensive directions through the Federal Rules.

The Federal Rules of Evidence Map: Relevance, Prejudicial Effect and a Map Within a Map

Law Practice

The Federal Rules of Evidence Map With Folder

Criminal 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 include identification by fingerprints, handwriting, bitemarks, or voice, alcohol and drug testing, and DNA testing.

Science in the Law: Forensic Science Issues (American Casebook Series and Other Coursebooks)

Sanders, Joseph

Saks, Michael J.

Kaye, D. H.

Faigman (law, U. of California, Hastings College of the Law) explores the ways the American legal system incorporates scientific knowledge into its decision making. Arguing that many judges, juries, and members of Congress don't understand the science behind their decisions, he suggests ways that science and the law can be better understood and negotiated. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Legal Alchemy: The Use and Misuse of Science in the Law

Science & Math

Technology

W.H.Freeman & Co.

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 lawsuit to landmark cases such as Roe v. Wade. • The Legislature—where Congress uses scientific information to help enact legislation about clean air, cloning, and government science projects like the space station and the superconducting super collider. • Government Agencies—who use science to determine policy on a variety of topics, from regulating sport utility vehicles to reintroducing gray wolves to Yellowstone National Park. As Faigman describes these and other important cases, he provides disturbing evidence that many judges, juries, and members of Congress simply don’t understand the science behind their decisions. Finally, he offers suggestions on how the science and legal professions can overcome their miscommunication and work together more effectively.

Legal Theory & Systems

W.H.Freeman

From the American Revolution to the genetic revolution, 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, legal scholar David L. Faigman reveals the tension between the conservative nature of the law and the swift evolution of scientific knowledge. The Supreme Court works by precedent, embedding the science of an earlier time into our laws. In the nineteenth century, biology helped settle the "race question" in the famous Dred Scott case; not until a century later would cutting-edge sociological data end segregation with Brown v. Board of Education. In 1973 Roe v. Wade set a standard for the viability of a fetus that modern medicine could render obsolete. 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, turning to the lab as well as to precedent.

Laboratory of Justice: The Supreme Court's 200-Year Struggle to Integrate Science and the Law

Times Books

"Faigman is one attorney who hasn't shied away from insisting that judges stay up to speed with scientific knowledge." -The Christian Science MonitorSuppose 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.

Holt Paperbacks

This poster-sized flowchart depicts operations within the individual Restyled Federal Rules of Evidence and the relationships between different rules.

West Academic Publishing

See the best price to sell, buy, or rent books by Faigman, David L.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Faigman, David L.

See the best price to sell, buy, or rent books by Faigman, David L.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Constitutional Fictions: A Unified Theory of Constitutional Facts

The Evidence Map 2003-2004

The Federal Rules of Evidence Map: Relevance, Prejudicial Effect and a Map Within a Map

The Federal Rules of Evidence Map With Folder

Science in the Law: Forensic Science Issues (American Casebook Series and Other Coursebooks)

Legal Alchemy: The Use and Misuse of Science in the Law

Legal Alchemy: The Use and Misuse of Science in the Law

Laboratory of Justice: The Supreme Court's 200-Year Struggle to Integrate Science and the Law

Laboratory of Justice: The Supreme Court's 200-Year Struggle to Integrate Science and the Law

The Federal Rules of Evidence Map: Relevance, Prejudicial Effect and a Map Within a Map