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 Calcutta High Court held that the law of limitation is not meant to extinguish substantive rights and must be applied ...

Anita S. Krishnakumar is a professor of law and the associate dean for faculty scholarship at St. John’s University School of Law. Substantive canons of statutory construction — such as the rule of ...

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 ...

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 ...

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 ...

We often consider procedural law to be neutral to the outcome of a dispute and to be gender-agnostic. However, a deeper look indicates that procedure is as crit ...

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 ...