Publications

Defining Empirical Frames of Reference in Constitutional Cases: Unraveling the As-Applied Versus Facial Distinction in Constitutional Law – David Faigman

Evidentiary Incommensurability: A Preliminary Exploration of the Problem of Reasoning from General Scientific Data to Individualized Legal Decision-Making – David Faigman

By What Authority?: Reflections on the Constitutionality and Wisdom of the Flag Protection Act of 1989 – David Faigman

Looking for Policy in All the Wrong Places: A Comment on the Strategies of ‘the Race and Gender Crowd’ Toward Evidence Law – David Faigman

The Battered Woman Syndrome and Self-defense: A Legal and Empirical Dissent – David Faigman

The Evidentiary Status of Social Science Under Daubert: Is it ‘Scientific,’ ‘Technical,’ or ‘Other’ Knowledge? – David Faigman

Mapping the Labyrinth of Scientific Evidence – David Faigman

Struggling to Stop the Flood of Unreliable Expert Testimony – David Faigman

Expert Evidence in Flatland: The Geometry of a World Without Scientific Culture – David Faigman

How Does Your Positionality Bias Your Epistemology? – David Takacs

To Have and Have Not: Assessing the Value of Social Science to the Law as Science and Policy – David Faigman

Making Moral Judgments Through Behavioural Science: The ‘Substantial Lack of Volitional Control’ Requirement in Civil Commitments – David Faigman