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 ...
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 ...
The University of Chicago Law Review is a quarterly journal of legal scholarship. Often cited in Supreme Court and other court opinions, as well as in other scholarly works, it is among the most ...
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 ...
The prevailing view has been that there is no underlying substantive change to the legal principles that govern claims of sexual harassment and that, with the right policies and a robust internal ...
The Calcutta High Court held that the law of limitation is not meant to extinguish substantive rights and must be applied ...
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