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procedural law and substantive law
1 similar search for procedural law and substantive law
More than 10.000 documents for procedural law and substantive law
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...Substantive vs. Procedural Laws. Many of the laws passed by le...
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... 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 "...
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Members of Congress are amplifying their calls to judicial and Justice Department officials demanding investigations of two Supreme Court justices' alleged conflicts of interest in the health care reform case pending at the Court. Since the Court agreed to consider the constitutionality of the federal health care reform law's individual mandate as well as several other substantive and procedural issues related to the law, calls from members of Congress for Justices Clarence Thomas and Elena Kagan to sit out have grown louder.
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Addressing touchstone cases of the U.S. Supreme Court on substantive criminal law, Wattad proposes that the Court has consistently failed to provide a theory of substantive criminal law. Stein and Bierschbach challenge the conventional divide between substantive criminal law theory, on the one hand, and evidence law, on the other, by exposing an important and unrecognized function of evidence rules in criminal law. Gans maintains that the Commonwealth may or may not be about to tread the oft-trodden path leading to a non-entrenched statute setting out and (to an extent) promoting human rights. Bibas points out that criminal procedure is preoccupied with procedural values such as efficiency, accuracy, informed choice, and procedural fairness.
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Accordingly, it has construed positive, procedural, and international entitlements in conjunction with their negative, substantive, and domestic counterparts, cautioning that deliberation on the latter subset, decoupled from the former, breeds distortion and confusion.
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... of the Declaratory Judgment Act is procedural only. In providing remedies and defining procedure... that the events bearing on the substantive issue have happened or are sufficiently certain to...
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In this Article I examine “medical tourism”—the travel of patients who are residents of one country to another country for medical treatment—which is fast becoming a multi-billion dollar industry. To date, the primary U.S. medical tourists appear to have been uninsured or underinsured Americans seeking substantial cost savings by traveling to less developed countries for care. More recently, state governments, self-insured firms, Fortune 500 companies, and domestic insurers have begun attempts to get their insured populations to use medical tourism as well by requiring it or giving incentives for its use (what I call “insurer-prompted medical tourism”). There is, however, a dark side to the growth of this industry. In this Article I set out...
... event of medical error several civil-procedural obstacles mean that the medical tourist will face ... obstacles and differences in substantive med-mal law between the U.S. and foreign countries...
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The post-911 executive detention cases provide occasion to consider how courts have conditioned deference upon transparency and deliberation in the crafting and implementation of security-related policy. By invoking procedural devices in this way, courts have brought large numbers of cases to effective resolution. Moreover, they have insisted that the coordinate branches engage in a more thorough and deliberative decision-making process. Courts have required Congress to oversee executive branch decision-making through clear legislation, and required the President to reasonably interpret authorizing legislation and properly implement congressional delegations of power. This muscular judicial review has generally focused on the means of coordinate branch decision-making, avoiding substant...
... to legislate or properly implement substantive law. This is "muscular procedure" - the invocation...
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Transnational enterprises are operating on a global scale, with more complex contracts characterized by longterm arrangements.\n The principle finding of this study - based on comparative survey data and interviews - suggests that cultural diversity and global standards simultaneously impact the practice of international commercial arbitration in East Asia. Because of the flexible structure of the international arbitration system that is based on a Model Law framework which allows countries to opt in or out of particular provisions, substantive variation pertaining to differing preferences for conciliatory or adjudicatory approaches to arbitration can coexist with a relatively high level of procedural uniformity across regions. 1.
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§ 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. . ...
