Wednesday, July 21, 2021
Nunn on Law, Fact, and Procedural Justice
G. Alexander Nunn (University of Arkansas - School of Law) has posted Law, Fact, and Procedural Justice (Emory Law Journal, Vol. 107, No. 6, 2021) on SSRN. Here is the abstract:
The distinction between questions of law and questions of fact is deceptively complex. Although any first-year law student could properly classify those issues that fall at the polar ends of the law-fact continuum, the Supreme Court has itself acknowledged that the exact dividing line between law and fact—the point where legal inquiries end and factual ones begin—is “slippery,” “elusive,” and “vexing.” But identifying that line is crucially important. Whether an issue is deemed a question of law or a question of fact often influences the appointment of a courtroom decision maker, the scope of appellate review, the administration of certain evidentiary rules, and the application of preclusive or precedential weight to its resolution.
This Article seeks to bring theoretical coherence and analytical clarity to the law-fact distinction.
This Article seeks to bring theoretical coherence and analytical clarity to the law-fact distinction.
https://lawprofessors.typepad.com/crimprof_blog/2021/07/nunn-on-law-fact-and-procedural-justice.html