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Does that get at the "substantive issue"?
It can also raise interesting questions as to the borderline between federal and state law at the substantive level.
But let's take a look at the substantive vision he was setting forth.
An essay that takes aim at the substantive values and procedures employed by universities in their efforts to regulate sexual relationships on campus is not, and cannot rationally be taken to be, an act of discrimination, retaliation, or harassment directed against any particular student who may have filed such a complaint.
15 For example, if market share is deemed low, a merger is waived without looking at the substantive side of a case, assuming implicitly that mergers between firms with relatively low market share are unlikely to cause problems.
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And he hinted at some of the substantive aspects of his candidacy when he said he would continue Mr. Giuliani's emphasis on crime-fighting while moving ahead on schools and public health.
So classifying a lawsuit as facial or as-applied affects the extent to which the invalidity of the challenged law must be demonstrated and the corresponding "breadth of the remedy," but it does not speak at all to the substantive rule of law necessary to establish a constitutional violation.
And finally, the issue pretermitted in Neese v. Southern R. Co., 350 U.S. 77 (1955), was not Article III jurisdiction at all, but the substantive question whether the Seventh Amendment permits a court to grant a motion for new trial on the basis of an excessive jury verdict.
* See the Report of the Preparatory Committee on its First Substantive Session, (A 55/43 (Part II)) [word | pdf] NGO Caucuses and other events at the First Substantive Session.[word | pdf] Report of official NGO presentations during the First Substantive Session, prepared by the NGO Committee on UNICEF (28 June 2000).
See Brief for Petitioner at pp. 6, 15, The substantive counts pertained to Salman's trades in securities of United Surgical Partners International, Inc. (USPI) and Biosite Incorporated.
Mr Mankiw said at the time:On the substantive question that Paul raises about the unit root literature and the distinction between cyclical and other fluctuations in output, it is an issue that Campbell and I addressed in a companion paper, where we decided that the conventional wisdom on this matter, which Paul still espouses, does not hold.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com