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Full-Text Articles in Legal History
Reconstructions: Historical Consciousness And Critical Transformation, Emily Houh, Kristin (Brandser) Kalsem, Verna L. Williams
Reconstructions: Historical Consciousness And Critical Transformation, Emily Houh, Kristin (Brandser) Kalsem, Verna L. Williams
Faculty Articles and Other Publications
Introduction to the first volume of the Freedom Center Journal (FCJ).
The Empirical Judiciary, A. Christopher Bryant
The Empirical Judiciary, A. Christopher Bryant
Faculty Articles and Other Publications
This essay reviews David L. Faigman’s Constitutional Fictions: A Unified Theory of Constitutional Facts (Oxford U.P. 2008). Constitutional Fictions is a highly original book that promises to (and should) have an enormous impact on both constitutional law scholarship and practice. The book focuses on the methods, or lack thereof, that the Court employs in receiving evidence and resolving disagreements about questions of fact in constitutional cases. In doing so, the book does the legal profession an invaluable service by identifying and articulating the many frequently unspoken questions that arise in the context of judicial consideration and resolution of legislative facts …