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Statutory Genres: Substance, Procedure, Jurisdiction
2012
Social Science Research Network
To decide many cases, courts need to characterize some of the legal rules involved, placing each one in a specific doctrinal category to identify the rule's effect on the litigation. The consequences of characterization decisions can be profound, but the grounds for making and justifying them are often left unstated. This Article offers the first systematic comparison of two important types of legal characterization: the distinction between substantive and procedural rules or statutes, a
doi:10.2139/ssrn.2008286
fatcat:lkjm5xhw4jfjnfsglrmyoatbs4