Reason

The Second Amendment vs. the Seventh Amendment: The Distinction Between Substantive and Procedural Rights

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 ...
Reason

The Second Amendment vs. the Seventh Amendment: Substantive vs. Procedural Rights; Part 1: Similarities and Differences

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 ...
Law

Are Procedural Rights Under Title VII and Other Antidiscrimination Laws Modifiable or Waivable Outside of an Arbitration Agreement?

When Congress enacts a civil rights law or other statute regulating employment decisions, it does so to set minimum terms that cannot be overridden or even modified by contracts between employers and ...
Elite Daily

How Love Can Be Defined As Procedural Or Substantive, And Which Is Better

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 ...
JD Supra

Kentucky Court of Appeals Draws a Distinction Between Substantive and Procedural Questions of Arbitrability, and Explains the Proper Role for the Courts

This case involves a February 1, 2007 design/build agreement governing the rights of the several parties involved with a military housing construction and renovation project at Fort Knox, Kentucky.
JSTOR Daily

Taking the Pubishment out of the Process: From Substantive Criminal Justice through Procedural Justice to Restorative Justice

Established in 1933, Law and Contemporary Problems is Duke Law School's oldest journal. During the first 40 years of publication, the quarterly journal was entirely edited and managed by faculty. In ...
JD Supra

Ninth Circuit: Federal Law Governs Substantive Consolidation, and Supreme Court’s Siegel Ruling Does Not Bar Consolidation of Debtors and Nondebtors

In Clark’s Crystal Springs Ranch, LLC v. Gugino (In re Clark), 692 Fed. Appx. 946, 2017 BL 240043 (9th Cir. July 12, 2017), the U.S. Court of Appeals for the Ninth Circuit ruled that: (i) the remedy ...