Mises InstituteOpinion

The Difference between Formal and Substantive Equality

When we think of the term “equality,” most of us think of it in a formal sense: equality under the law. However, political ...
Reason

The Second Amendment vs. the Seventh Amendment: The Distinction Between Substantive and Procedural Rights

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 ...
Reason

The Second Amendment vs. the Seventh Amendment: Substantive vs. Procedural Rights; Part 1: Similarities and Differences

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 ...
JD Supra

California Court of Appeal Stresses the Difference Between Substantive and Procedural Unconscionability for Arbitration Agreements

In a pair of cases decided by the Second Appellate District of the California Court of Appeal, the Court reiterated the difference between procedural and substantive unconscionability when it comes to ...
JD Supra

Kentucky Court of Appeals Draws a Distinction Between Substantive and Procedural Questions of Arbitrability, and Explains the Proper Role for the Courts

This case involves a February 1, 2007 design/build agreement governing the rights of the several parties involved with a military housing construction and renovation project at Fort Knox, Kentucky.
Orlando Sentinel

A flawed law ensures a larger death row | Editorial

It would not occur to most people to think about the semantic legal difference between “procedural” and “substantive.” But in Florida, it’s a question of life or death. Depending on how the courts ...