Nov 13, 2007 | Lead Articles, Number 1, Print Edition, Volume 41
Substantive rules typically state the rights and duties as among citizens, and disclose the circumstances where courts redress violations of those rights and duties. Procedural laws, on the other hand, are rules of procedure that have been adopted by courts and...
Jun 8, 2007 | Lead Articles, Number 4, Print Edition, Volume 40
The Gay and Lesbian Advocates and Defenders (GLAD) seeks to end privileged places in law based on sexual orientation. The first Justice Harlan, dissenting in Plessy v. Ferguson, stated that we do not have classes of citizens in our Constitution. But of course we do....
Mar 21, 2007 | Lead Articles, Number 2, Print Edition, Volume 40
Is law more than a mere assertion of power? This question is often associated with controversial implied right claims such as abortion, assisted suicide, and same-sex marriage, and it has been well-described as “law’s quandary.” We proclaim ourselves to be a “rule...
Dec 14, 2006 | Lead Articles, Number 1, Print Edition, Volume 40
The most stunning and successful experiment in direct popular sovereignty in all history is the American jury. Properly constrained by its duty to follow the law, the requirement of jury unanimity, and evidentiary rules, the American jury has served the republic well...
Apr 15, 2006 | Lead Articles, Number 3, Print Edition, Volume 39
The headline reads, ”Bush Marks School Laws 2nd Anniversary: White House uses visit to announce budget increases.” In the photograph just below the headline, George Bush is sitting on a wooden bench with three black children. On the blackboard behind...