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 ...

Recognizing the difference between substantive and procedural rights helps enormously in understanding the battles over applying the first eight amendments of the U.S. Constitution to the states.

For over fifty years, the Supreme Court has recognized that the Double Jeopardy Clause of the Fifth Amendment bars the retrial of a criminal defendant after a mid ...

With the resignation of Justice David Souter, President Obama has his first opportunity to fill a vacancy on the U. S. Supreme Court. Because justices are appointed for life, who he appoints may well ...

Last night a 5–4 majority of the Supreme Court showed courage and faithfulness to rule of law by refusing to issue a stay or injunction in Whole Woman’s Health v. Jackson — in the face of an onslaught ...

It sounds simple, doesn't it? In federal court cases where jurisdiction is based on diversity of citizenship, the court applies the substantive law that a court of the state in which the federal court ...

The time has come for Nigeria’s judiciary to recalibrate the balance between procedural efficiency and substantive justice. The solution lies not in rigid adherence to a one-size-fits-all rule but in ...

“I suspect that the law does allow Director Iancu to create rules interpreting Section 101, at least within the limited context of the America Invents Act’s post-grant review trials.” The Director’s ...