In its opening issue of Volume 73 (2023), Duke Law Journal published "Fact Stripping," written by Duke Law's own professors, Joseph Blocher and Brandon L. Garrett. In this interview, Judge Paul W. Grimm (ret.) of the Bolch Judicial Institute at Duke Law asks the authors about the concept of fact stripping and a current trend of appellate courts assuming fact-finding power over trial courts. The authors suggest Congress may want to reallocate factfinding power to trial courts through legislation.
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