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 ...
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 ...
Courts must distinguish substantive from procedural duties in agency review to preserve reasoned decision-making.
Some people think there are no winners in divorce court. While I like to have a more optimistic outlook, it goes without saying that family law cases sometimes yield unhappy litigants. With emotions ...