What occurred here is no more judicial factfinding in the ordinary sense than would be the factual findings that deficit spending will not lower the unemployment rate... Yet because they have been branded «factual findings» entitled to deferential review, the policy preferences of three District Judges now govern the operation of California prison's system.» (prawfsblawg.blogs.com)
Actually, courts are in many respects way ahead of other institutions, in & out of government, in preparing themselves to play an intelligent role in managing the impact of cultural cognition on factfinding. (culturalcognition.net)
The First and Fourteenth Amendments do not impose upon the States any limitations as to how, within their own judicial systems, factfinding tasks shall be allocated. (supreme.justia.com)