Abstract
In their terrific new article, Fact Stripping, Joseph Blocher and Brandon Garrett bring formidable expertise from their respective fields to tackle the inscrutable puzzle of appellate fact review.
[...]
In this short reply I will add to Blocher and Garrett’s illuminating work by exploring a foundational confusion their article exposes. I will first explain why classifying facts as either suitable for trial or not is a very fraught endeavor; I will then argue that this difficulty allows for significant manipulation and the risk of unprincipled application. Finally, I will nod to prior work and forecast future work where I explore re-thinking the labels we currently use altogether.
This abstract has been adapted from the author's introduction.
Document Type
Article
Publication Date
2-2024
Publication Information
73 Duke Law Journal Online 191-197
Repository Citation
Larsen, Allison Orr, "The Precarious Art of Classifying Facts" (2024). Faculty Publications. 2153.
https://scholarship.law.wm.edu/facpubs/2153
