David L. Faigman

University of California Hastings College of the Law

Professor

200 McAllister Street

San Francisco, CA 94102

United States

SCHOLARLY PAPERS

21

DOWNLOADS
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6,703

CITATIONS

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Scholarly Papers (21)

1.

Implicit Bias in the Courtroom

UCLA Law Review, Vol. 59, No. 5, 2012, UCLA School of Law Research Paper
Number of pages: 63 Posted: 21 Mar 2012 Last Revised: 12 Nov 2012
University of California, Los Angeles (UCLA) - School of Law, U.S. District Court (Northern District of Iowa), University of California, Los Angeles (UCLA) - School of Law, National Center for State Courts, University of Massachusetts at Amherst - Psychology, University of California Hastings College of the Law, Rutgers Law School, University of Washington, University of Hawaii - William S. Richardson School of Law and University of California, Los Angeles (UCLA) - School of Law
Downloads 1,522 (4,608)

Abstract:

implicit bias, IAT, implicit association test, behavioral realism, jury bias, judicial bias, debiasing, police, Iqbal, merit, discrimination

2.

Law and Neuroscience: Recommendations Submitted to the President's Bioethics Commission

Journal of Law and Biosciences, vol 1, pp 224-236 (2014)
Number of pages: 13 Posted: 31 Aug 2014 Last Revised: 27 Jul 2015
Vanderbilt University - Law School & Dept. of Biological Sciences, University of Virginia - School of Law, Yale University - Department of Psychology, US Court of Appeals - Fourth Circuit, University of California Hastings College of the Law, Second Judicial District Court Judge, State of Colorado, Virginia Polytechnic Institute & State University - Virginia Tech Carilion Research Institute, University of Pennsylvania Law School, Washington University School of Medicine, Yale University - Department of Psychology, Columbia University - Law School, Temple University, New York University School of Law, Stanford University - Psychology and Yale Law School
Downloads 543 (24,361)

Abstract:

law and neuroscience, psychology, neurolaw, criminal responsibility, tort liability, evidence, brain, memory, injury, emotion, lie detection, judging, psychopathy, fMRI, EEG, decision making, neuroethics, bioethics, punishment, sentencing

3.

Group to Individual (G2i) Inference in Scientific Expert Testimony

University of Chicago Law Review, Vol. 81, No. 2, 2014, Virginia Public Law and Legal Theory Research Paper No. 2013-34, Vanderbilt Public Law Research Paper No. 13-47
Number of pages: 61 Posted: 27 Jul 2013 Last Revised: 28 Aug 2015
David L. Faigman, John Monahan and Christopher Slobogin
University of California Hastings College of the Law, University of Virginia School of Law and Vanderbilt University - Law School
Downloads 336 (54,232)

Abstract:

4.

Neuroscientists in Court

14 Nature Reviews Neuroscience 730 (2013), Vanderbilt Public Law Research Paper No. 14-17
Number of pages: 7 Posted: 07 May 2014 Last Revised: 15 May 2014
Vanderbilt University - Law School & Dept. of Biological Sciences, Stanford University - Psychology, University of California Hastings College of the Law and Washington University School of Medicine
Downloads 324 (41,272)

Abstract:

law and neuroscience, psychology, neurolaw, criminal responsibility, tort liability, evidence, brain, memory, injury, emotion, lie detection, judging, psychopathy, fMRI, EEG, decision making, courts, expert witnesses, neuroethics, punishment, sentencing

5.

Toward a Jurisprudence of Psychiatric Evidence: Examining the Challenges of Reasoning from Group Data in Psychiatry to Individual Decisions in the Law

UC Hastings Research Paper No. 110
Number of pages: 86 Posted: 22 Aug 2014 Last Revised: 05 Sep 2014
Carl E. Fisher, David L. Faigman and Paul S. Appelbaum
Columbia University - New York Presbyterian Hospital, University of California Hastings College of the Law and Columbia University
Downloads 146 (125,424)

Abstract:

6.

Wading into the Daubert Tide: Sargon Enterprises, Inc. v. University of Southern California

UC Davis Legal Studies Research Paper No. 323, UC Hastings Research Paper No. 44
Number of pages: 50 Posted: 08 Feb 2013 Last Revised: 11 Jun 2013
David L. Faigman and Edward J. Imwinkelried
University of California Hastings College of the Law and University of California, Davis - School of Law
Downloads 136 (155,365)

Abstract:

7.

The Daubert Revolution and the Birth of Modernity: Managing Scientific Evidence in the Age of Science

UC Davis Law Review, Vol. 46, No. 3, 2013, UC Hastings Research Paper No. 19
Number of pages: 39 Posted: 24 Feb 2013 Last Revised: 28 Aug 2015
David L. Faigman
University of California Hastings College of the Law
Downloads 116 (145,856)

Abstract:

Expert Evidence, Daubert

8.

Brief of Constitutional Law Professors as Amici Curiae in Support of Respondents in Gonzales v. Carhart

Hastings Constitutional Law Quarterly, Forthcoming
Number of pages: 39 Posted: 20 Oct 2006
University of California, Davis - School of Law, University of California Hastings College of the Law and Civil Appellate Advocacy and Counseling
Downloads 104 (214,203)

Abstract:

abortion, deference, partial birth, legislative fact findings

9.

Evidence Code Section 802: The Neglected Key to Rationalizing the California Law of Expert Testimony

Loyola of Los Angeles Law Review, Forthcoming
Number of pages: 22 Posted: 26 Feb 2009
Edward J. Imwinkelried and David L. Faigman
University of California, Davis - School of Law and University of California Hastings College of the Law
Downloads 50 (305,615)

Abstract:

10.

Sargon Enterprises V. U.S.C. - A Different Perspective

California Litigation (Forthcoming), UC Davis Legal Studies Research Paper No. 376, UC Hastings Research Paper No. 107
Number of pages: 8 Posted: 23 Apr 2014 Last Revised: 12 Jul 2014
Edward J. Imwinkelried and David L. Faigman
University of California, Davis - School of Law and University of California Hastings College of the Law
Downloads 11 (358,295)

Abstract:

11.

The Reliability of Latent Print Individualization: Brief of Amici Curiae Submitted on Behalf of Scientists and Scholars by the New England Innocence Project, Commonwealth v. Patterson

42(No. 1) Crim. Law Bulletin 21 (2006)
Number of pages: 19 Posted: 21 Apr 2015
New England Law | Boston, APEX Consulting, Illinois State University - Department of Politics and Government, University of California, Irvine - Department of Criminology, Law and Society, University of California Hastings College of the Law, Carnegie Mellon University - H. John Heinz III School of Public Policy and Management, Case Western Reserve University School of Law, Human Factors Consultants, University of Illinois at Chicago - Department of Psychology, Stanford University, University of California, Los Angeles (UCLA) - School of Law, Florida International University (FIU) - College of Law, Duquesne University - School of Law, Seton Hall University School of Law, University of Lethbridge and Northwestern University
Downloads 9 (324,558)

Abstract:

Evidence, fingerprint identification, ACE-V methodology, latent fingerprint examiners, latent fingerprint individualization, simultaneous fingerprint impressions, expert testimony, crime laboratories

12.

Forensic Bitemark Identification: Weak Foundations, Exaggerated Claims

Journal of Law and the Biosciences, Vol. 3, No. 3, 538-575, Temple University Legal Studies Research Paper No. 2017-23
Number of pages: 38 Posted: 05 Sep 2017 Last Revised: 09 Oct 2017
Arizona State University (ASU) - Sandra Day O'Connor College of Law, Salk Institute for Biological Studies, Harvard Medical School, Forensic Specialties Accreditation Board, Private Practice of Dentistry, State University of New York at Buffalo, State University of New York (SUNY), Johns Hopkins University - School of Hygiene and Public Health, University of California, Irvine - Department of Criminology, Law and Society, University of Arizona, Northwestern University, School of Law & American Bar Foundation, Griffith University - School of Criminology and Criminal Justice, Temple University - James E. Beasley School of Law, University of California Hastings College of the Law, University of California Hastings College of the Law, Carnegie Mellon University - H. John Heinz III School of Public Policy and Management, University of Virginia School of Law, Case Western Reserve University School of Law, Stanford Law School, University of California, Davis - School of Law, The Forensic Institute, University of Virginia, Tufts University, Northwestern University - Pritzker School of Law, Harvard Medical School, University of California, Los Angeles (UCLA) - School of Law, George Washington University - Law School, New York University School of Law, Office of the Medical Examiner, Tarrant County, TX, California State University, Los Angeles, Seton Hall University School of Law, University of California, Berkeley - School of Public Health, Texas A&M University, University of California, Irvine - Department of Statistics, University of California, Irvine - Department of Criminology, Law and Society, San Jose State University, Northwestern University and University of New Mexico
Downloads 0 (330,396)

Abstract:

admissibility, bite mark, expert evidence, forensic science

13.

G2i Knowledge Brief: A Knowledge Brief of the MacArthur Foundation Research Network on Law and Neuroscience

MacArthur Foundation Research Network on Law and Neuroscience (2017)
Number of pages: 5 Posted: 28 Jul 2017
University of California Hastings College of the Law, University of Virginia - School of Law, Yale University - Department of Psychology, US Court of Appeals - Fourth Circuit, Second Judicial District Court Judge, State of Colorado, Vanderbilt University - Law School & Dept. of Biological Sciences, Virginia Polytechnic Institute & State University - Virginia Tech Carilion Research Institute, University of Pennsylvania Law School, Washington University School of Medicine, Yale University - Department of Psychology, Columbia University - Law School, Temple University, New York University School of Law, Stanford University - Psychology and Yale Law School
Downloads 0 (104,226)

Abstract:

evidence, G2i, group-to-individual inference, neuroscience, neurolaw, law and neuroscience, brain, brain imaging

14.

How Should Justice Policy Treat Young Offenders?

MacArthur Foundation Research Network on Law and Neuroscience, February 2017, Vanderbilt Law Research Paper No. 17-9, U of Penn Law School, Public Law Research Paper No. 17-17, Columbia Public Law Research Paper No. 14-545
Number of pages: 5 Posted: 28 Feb 2017 Last Revised: 26 Apr 2017
Yale University - Department of Psychology, University of Virginia - School of Law, US Court of Appeals - Fourth Circuit, University of California Hastings College of the Law, Second Judicial District Court Judge, State of Colorado, Vanderbilt University - Law School & Dept. of Biological Sciences, Virginia Polytechnic Institute & State University - Virginia Tech Carilion Research Institute, University of Pennsylvania Law School, Washington University School of Medicine, Yale University - Department of Psychology, Columbia University - Law School, Temple University, New York University School of Law and Stanford University - Psychology
Downloads 0 (28,576)

Abstract:

Juvenile justice, adolescent, children, minors, brain, brain imaging, neuroscience, law and neuroscience, neurolaw, neuroimaging, cognitive neuroscience, cognitive psychology, maturity, functional magnetic resonance imaging, fMRI, responsibility, culpability, mens rea, punishment, crime

15.

fMRI and Lie Detection

MacArthur Foundation Research Network on Law and Neuroscience, 2016 , Vanderbilt Law Research Paper No. 17-10
Number of pages: 5 Posted: 23 Dec 2016
Stanford University - Psychology, University of Virginia - School of Law, Yale University - Department of Psychology, US Court of Appeals - Fourth Circuit, University of California Hastings College of the Law, Second Judicial District Court Judge, State of Colorado, Vanderbilt University - Law School & Dept. of Biological Sciences, Virginia Polytechnic Institute & State University - Virginia Tech Carilion Research Institute, University of Pennsylvania Law School, Washington University School of Medicine, Yale University - Department of Psychology, Columbia University - Law School, Temple University, New York University School of Law and Yale Law School
Downloads 0 (39,503)

Abstract:

lie detection, polygraph, memory, deception, evidence, neuroscience, law and neuroscience, neurolaw, brain, brain imaging, brain scan, neuroimaging, functional magnetic resonance imaging, fMRI, behavioral biology, cognitive neuroscience, cognitive psychology

16.

'And to the Republic for Which it Stands': Guaranteeing a Republican Form of Government

Hastings Constitutional Law Quarterly, Vol. 23, No. 1057, 1996, Penn State Law Research Paper, 1996
Number of pages: 16 Posted: 15 Apr 2016
Catherine A. Rogers and David L. Faigman
Pennsylvania State University, Penn State Law and University of California Hastings College of the Law
Downloads 0 (446,732)

Abstract:

17.

How Good is Good Enough?: Expert Evidence Under Daubert and Kuhmo

Case Western Reserve Law Review, Vol. 50, pp. 645-667, 2000, [included in Penn State Law Research Paper Series]
Number of pages: 24 Posted: 08 Mar 2016 Last Revised: 09 Mar 2016
Pennsylvania State University, Penn State Law, University of California Hastings College of the Law, Arizona State University (ASU) - Sandra Day O'Connor College of Law and University of Houston Law Center
Downloads 0 (441,598)

Abstract:

18.

Gatekeeping Science: Using the Structure of Scientific Research to Distinguish Between Admissibility and Weight in Expert Testimony

Northwestern University Law Review, Vol. 110, 2016, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 58, UC Hastings Research Paper No. 157
Number of pages: 44 Posted: 27 Sep 2015 Last Revised: 23 Oct 2015
David L. Faigman, Christopher Slobogin and John Monahan
University of California Hastings College of the Law, Vanderbilt University - Law School and University of Virginia School of Law
Downloads 0 (117,050)

Abstract:

19.

Expert Evidence after Daubert

Annual Review of Law and Social Science (2005), Vol. 1, pp. 105-130, 2005
Posted: 18 Oct 2010
Michael J. Saks and David L. Faigman
Arizona State University (ASU) - Sandra Day O'Connor College of Law and University of California Hastings College of the Law

Abstract:

20.

Failed Forensics: How Forensic Science Lost its Way and How it Might Yet Find it

Annual Review of Law & Social Science, Vol. 4, December 2008
Posted: 27 Dec 2008
Michael J. Saks and David L. Faigman
Arizona State University (ASU) - Sandra Day O'Connor College of Law and University of California Hastings College of the Law

Abstract:

courts, Daubert, science, scientific evidence

21.

Making Moral Judgments Through Behavioural Science: The 'Substantial Lack of Volitional Control' Requirement in Civil Commitments

Law, Probability and Risk, Vol. 2, pp. 309-319, 2003
Posted: 29 Feb 2008
David L. Faigman
University of California Hastings College of the Law

Abstract: