Substantive rights have a core that can be meaningfully interpreted and protected; they can exist independently of a particular government or a particular legal system. Procedural rights lack such an ...

Although the affinities between the Second Amendment right to keep and bear arms and the Seventh Amendment right to civil jury trial seem strong, there are crucial differences. The first concerns ...

What can civil procedure in the legal arena teach us about relationships? If you are a law student, lawyer, or know someone who is, you have probably heard the hardest, most boring course in law ...

Type to search articles, cases, and authors. Press ↵ to view all results. /Feb 25, 2013 For over fifty years, the Supreme Court has recognized that the Double Jeopardy Clause of the Fifth Amendment ...

In a pair of cases decided by the Second Appellate District of the California Court of Appeal, the Court reiterated the difference between procedural and substantive unconscionability when it comes to ...

Procedural due process ensures that the government follows fair methods, while substantive due process examines the content of government action itself, forbidding certain governmental intrusions ...