Constitutional Fictions: A Unified Theory of Constitutional Facts

David L Faigman

08/2008 · Oxford University Press

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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.

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David L. Faigman is the John F. Digardi Distinguished Professor of Law at the University of California, Hastings College of the Law. He obtained his M.A. in Psychology and J.D. degrees from the University of Virginia. After completing law school, Professor Faigman clerked for Judge Thomas Reavley, in the United States Court of Appeals for the Fifth Circuit in Austin, Texas.