The operative language of the measure states that a provision in any contract waiving any substantive or
procedural right or remedy relating to a claim of discrimination, non-payment of wages or benefits, retaliation, harassment or violation of public policy in employment shall be deemed unconscionable, void and unenforceable, with respect to any such claim arising after the waiver is made.
(51) This distinction is important because while a substantive right cannot be waived by an arbitration agreement, a
procedural right can be.
Conell, who invoked his
procedural right for silencing Warren, invited criticism later.
Khartoum at the time said that the UN leadership in New York wanted to impose a specific agreement that has previously been rejected by the team, noting that it does not have the legal or
procedural right to interfere in the work of the team during the current phase.
(499) This approach can also find some basis in the Lujan decision, where the Supreme Court held that "[t]here is this much truth to the assertion that '
procedural rights' are special: the person who has been accorded a
procedural right to protect his concrete interests can assert that right without meeting all the normal standards for redressability and immediacy." (500)
(159) Although the prohibition on ex post facto laws seems better understood as a substantive rule because it bars the courts from using a particular substantive rule in imposing punishment, it is often characterized as a
procedural right. (160) We accordingly address it here.
For one thing, the nature of the statutory scheme is surely bound up with and inseparable from the nature of the decision and its effect on the individual; as a result, statutory provisions are of derivative importance in determining whether a particular
procedural right ought to be accorded.
Thus, the prematurity of the application is transposed into a conditionning of the right to legal action by suspending it or into a harm brought to the
procedural right by a suspensive time.
The Mississippi Insurance Department "has no
procedural right to completion of the report," the FEMA brief says.
right, and violations of a
procedural right are accorded special
"This is a substantive and not a
procedural right," he added.
And interestingly, the earliest uses of habeas corpus also do not stand for such a broad fight as due process, but only for the fight to challenge one's imprisonment, a purely
procedural right. Such rights do not specify any right to a particular form of treatment or liberty that the State must protect.
