Substantial Burdens in the Law

Abstract

This Article discusses the difficulties that courts have in determining, in each of these contexts, what constitutes a substantial burden on whatever right, interest, process, or institution is arguably being burdened. A basic problem is that courts and legal scholars have thus far not tried to develop any broader understanding of substantial burdens in the law in general, including, ironically, the possibility that what constitutes a substantial burden in the law may importantly depend upon the context in question.