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 ...

Anita S. Krishnakumar is a professor of law and the associate dean for faculty scholarship at St. John’s University School of Law. Substantive canons of statutory construction — such as the rule of ...