“Janus-Faced Facts: How Courts Find Facts that ‘Make’ Law,” February 3 Colloquium with KICD and MU Law Prof. Haley Proctor

 02/03/2023

Making her Colloquium Series debut, Haley Proctor, Visiting Fellow in Constitutional Litigation at the Kinder Institute and MU Law School, will share her research on the slippery distinction between law and fact and how the courts have gone about negotiating it (see abstract below). The talk will take place at 3:30pm on February 3 in Jesse 410, and anyone interested in attending virtually can join the livestream using this link (YouTube) or this link (Facebook, account required).

Abstract

Like the Cheshire Cat, the distinction between law and fact appears everywhere and yet eludes those who would grasp it. The Constitution acknowledges it. Many procedural rules depend upon it. And yet no one has found a definition that satisfies all the people all the time. The problem is particularly acute for propositions that bear characteristics of both law and fact. This talk will trace the rise of this special kind of fact and shine a spotlight on the unusual way our judicial system has gone about finding it.

 

Haley Proctor joins the Kinder Institute and MU Law School as a jointly-appointed Visiting Fellow in Constitutional Litigation after having practiced law for seven years at Cooper & Kirk, PLLC, where she specializes in constitutional litigation and will remain of counsel. She previously served as a law clerk for Justice Clarence Thomas on the United States Supreme Court and for Judge Thomas B. Griffith on the United States Court of Appeals for the District of Columbia Circuit. Her research focuses on civil procedure and constitutional law, and specifically on the rules that allocate and guide decision-making. She graduated from Yale Law School in 2012, and from Yale College, magna cum laude, in 2009.