The Procedural Foundation of Substantive Law

"The Procedural Foundation of Substantive Law" by Thomas O. Main

The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive. This article argues that ...

The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive. This article.

(PDF) The Procedural Foundation of Substantive Law - ResearchGate

This article argues that substantive law is also inherently procedural. I suggest that the construction of substantive law entails assumptions about the ...

The Procedural Foundation of Substantive Law by Thomas O. Main

The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive.

The Procedural Foundation of Substantive Law - Scribd

1937): Substantive law is concerned with the ends which the administration of justice seeks; procedural law deals with the means and instruments by which those ...

The procedural foundation of substantive law. - VLEX 634823833

The procedural foundation of substantive law. ... The substantive implications of procedural law are well understood. Procedure is an instrument of power that can ...

Foundations of Law - Substantive Due Process – Fundamental Rights

Every Due Process Clause analysis begins with the question “Has the government deprived some person of life, liberty, or property?” If there has been no ...

Substantive law and procedural law - Ballotpedia

Procedural law establishes the legal rules by which substantive law is created, applied and enforced, particularly in a court of law. In the United States ...

What is procedural and what is substantive? - Minnesota Lawyer

v. Tompkins. Thus began the substantive-procedural distinction that has bedeviled litigants when state law is being applied in federal courts, ...

Difference Between Procedural Law And Substantive Law - Testbook

Procedural law lays the foundation for the legal process while substantive law focuses on the rights and responsibilities that govern our societal interactions.

Erie doctrine | Wex | US Law | LII / Legal Information Institute

While the principle that federal courts must apply the substantive law of the state where they are located is relatively straightforward, the delineation of ...

“Only Procedural”: oughts on the Substantive Law Dimensions of ...

NANCY GERTNER, “Only Procedural”: oughts on the Substantive Law. Dimensions of Preliminary Procedural Decisions in Employment Discrimination Cases, 57 N.Y.L. ...

Substantive Law - an overview | ScienceDirect Topics

Substantive law refers to the actual legal rules and principles that govern behavior, as opposed to procedural rules.

Publications - Thomas O. Main | William S. Boyd School of Law

Main, The Procedural Foundation of Substantive Law, 87 Wash. U. L. Rev. 801 (2010). Thomas O. Main, Judicial Discretion to Condition, 79 Temp. L. Rev. 1075 ...

The Role of Substantive Law and Procedure in the Legal Process

4. Thus our modern skepticism about substantive law has brought us face to face with an ancient paradox which may be expressed in this way: If courts - or at ...

Procedural Law - an overview | ScienceDirect Topics

Procedural law defines rules that enforce substantive law. Civil law and ... Federal and state constitutions are at the foundation of our government and legal ...

in defense of substantive due process, or - the promise of lawful rule ...

* Principal Attorney, Pacific Legal Foundation; J.D., 2002 Chapman University ... The same approach holds where a purported law fails for substantive, instead of ...

Procedural Vs. Substantive Law: What is the Difference - Mattersuite

The distinction between procedural and substantive law forms the bedrock of a just and equitable legal system. These two pillars, while distinct ...

Procedural law | Definition, Examples, Rights, Importance, & Facts

Criminal law is the branch of substantive law dealing with punishment for offenses against the public and has as its corollary criminal procedure, which ...

Does Procedural Mean Trans-substantive? A Historical and ...

Trans-substantivity is, rather counterintuitively, one quality of procedural rules that distinguishes them from substantive law: the quality not to affect—or ' ...