...--namely, Erie's standard of care--was substantive in the following sense: its primary purpose was to... in this sense can be contrasted with procedural law, which regulates the means by which substantiv...
§ 27.1 Introduction to Substantive Due Process Doctrine: § 27.1.1 Introduction to Fundamental Rights Doctrine. § 27.1.2 Non-Fundamental Rights Doctrine: § 27.1.2.1 Economic and Social Legislation under the Due Process Clause. § 27.1.2.2 The Birth, Life, and Death of the Irrebuttable Presumption Doctrine. § 27.1.2.3 Unconstitutional Conditions Doctrine. § 27.1.2.4 Unconstitutionality of Excessive Punitive Damages Awards. § 27.2 Enumerated Fundamental Rights Under Substantive Due Process: § 27.2.1 The Original Natural Law Era. § 27.2.2 The Formalist Era. § 27.2.3 The Holmesian Era. § 27.2.4 The Instrumentalist Era. § 27.2.5 The Modern Natural Law Era: § 27.2.5.1 Selective Incorporation and the Modern Natural Law Era. § 27.2.5.2 Non-Bill of Rights "Enumerated" Fundamental Rights and the Mo...
... of "life, liberty, or property." This "procedural due process" doctrine is discussed at § 27.4. . ...
... carry with it generation of rules of substantive law. Under the doctrine of Erie R. Co. v. Tompkins... state substantive law and federal procedural law. Classification of a law as "substantive" or "...
Introduction. II. The Enemy Combatant Triad and the Youngstown Baseline. III. Boumediene's Conclusive Assertion of Judicial Preeminence. .A. The Geographical Scope of the Writ: Rebuke of the Executive. 1. Separation of Powers. 2. Functional Jurisdictional Rules. a. History. b. Precedent. 3. An Anti-Manipulation Principle. B. The Inadequacy of the DTA: Rebuke of Congress. 1. Honoring Congress's Will in Order to Reject Its Judgment. 2. The Scope of the Writ at Common Law. 3. Inadequacy of the DTA Remedy. 4. Rushing to Judgment?. IV. Development of Legal Rules: The Substantive Scope of the Writ. A. Beyond Guantanamo: The Geographic Rea ch of the Writ. 1. The Bagram Airfield. 2. A Suspension Clause Puzzle. 3. The Habeas Statute and the MCA. 4. Application of the Suspension Clause to Bagr...
... combatants or to set forth a detailed procedural framework by which the hundreds of habeas cases sh...
As the Supreme Court has noted, the Confrontation Clause is not, and never has been, an absolute rule.5 Despite the absolute language of the Sixth Amendment, courts have understood since the adoption of the Bill of Rights that the Sixth Amendment incorporated common law hearsay exceptions to confrontation.6 For example, at common law, if a witness was unavailable for trial for certain reasons and the defendant had a prior opportunity to cross-examine that witness, the witness's statement, although ordinarily considered hearsay, could nevertheless be admitted at trial without the witness's presence.7 Over time, the Confrontation Clause's procedural . . . guarantee8 that evidence would be tested for reliability in the crucible of cross-examination9 was partially transformed into the sub...
..."9 was partially transformed into the substantive guarantee that judges would determine that evidenc...
... sitting in diversity must apply state substantive law and federal procedural law. Chamberlain v. Gia...
This article argues that even if past gang injunctions upheld by California courts did not violate gang members' constitutional rights, two new trends -- enjoing of geographical areas and refusing to name individual defendants -- in the use of public nuisance injunctions as a means of gang control are equitably and constitutionally problematic. Part II of this article examines the conceptual and doctrinal foundations of public nuisance gang injunctions. Part III analyzes the heightened equitable and constitutional concerns associated with injunctions that are broad in geographic scope. Part IV then investigates the separate problem of how suits brought against gangs as unincorporated associations without naming individual defendants abridge unnamed gang members' procedural due process r...
... and wearing gang colors.6 Many of the substantive constitutional rights issues raised by Acuna have ...
... of Merit in malpractice cases, is substantive law that federal courts must apply under Erie v. .... requiring a certificate of merit is procedural or substantive law. The District Court found Penns...
The Supreme Court was asked to review a punitive damages award in late 2006; however, when the Philip Morris USA v. William opinion was released on Feb 20, 2007, the Court did not even breach the usual topic of substantive due process restrictions. This article reviews the Supreme Court's decision in Williams and concludes that the new rule established by the Court -- prohibiting the consideration of injury to nonparties when determining the amount of punitive damages to assess -- is self-contradictory and severely undermines the states' ability to pursue its legitimate interest in punishing and deterring egregious misconduct. Part II of this article presents a historical view of punitive damages awards, emphasizing their underlying purposes. Part III then discusses Supreme Court jurisp...
... restrictions-both substantive and procedural.7 Of late, punitive damages jurisprudence has seen...
.... I. Facts and Procedural History On February 15, 2010, Partners and L... this diversity case, we apply state substantive law, but federal procedural law. DP Solutions, Inc...
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