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 ...

Professor Thomas Main (Univ. of Pacific) has posted to SSRN his article, The Procedural Foundation of Substantive Law, 87 Wash. Univ. L. Rev. (forthcoming 2009). Here's the abstract: The ...

Fabian Ajogwu, SAN, is Nigeria’s first professor of corporate governance. In this interview, he speaks on how to improve the country’s justice system administration, whistle-blowing policy of the ...

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 ...

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 ...

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 ...

The tension exposes a deeper problem in Nigeria’s procedural jurisprudence: the tendency of courts to elevate technical rules ...