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Retroactivity

265 published works

  1. Sentencing Law and Policy

    Commentary on drug guideline retroactivity asks “Who’s Afraid of Too Much Justice?”

    By Douglas Berman

    Main June 3, 2014Commentary on drug guideline retroactivity asks "Who's Afraid of Too Much Justice?"This notable new commentary in The Huffington Post by Megan Quattlebaum makes the case for the…

  2. Inside SALT

    Retroactive Revenue Raisers: A Taxpayer Win in New York; Problems Ahead in Virginia

    By McDermott Will & Emery

    When state legislatures are in need of additional funds – as they often are – it is tempting to enact retroactive legislation to bring more dollars into state coffers. Two…

  3. Sentencing Law and Policy

    Top Texas criminal court, in split ruling, decides Miller is to be applied retroactively

    By Douglas Berman

    Main March 15, 2014Top Texas criminal court, in split ruling, decides Miller is to be applied retroactivelyAs reported in this Austin American-Statesman article, headlined "Court tosses out sentence for Austin…

  4. Sentencing Law and Policy

    Florida Supreme Court hears arguments onMillerretroactivity and application

    By Douglas Berman

    Main March 7, 2014Florida Supreme Court hears arguments on Miller retroactivity and applicationAs effectively reported in this lengty local article, the Florida Supreme Court on Thursday heard arguments on whether…

  5. Sentencing Law and Policy

    Michigan enactsMillerfix for current and future cases, just as its Justices are to consider past cases

    By Douglas Berman

    Main March 5, 2014Michigan enacts Miller fix for current and future cases, just as its Justices are to consider past casesAs reported in this local article, headlined "Gov. Rick Snyder…

  6. Sentencing Law and Policy

    When and how will SCOTUS take upMillerretroactivity issues?

    By Douglas Berman

    Main November 5, 2013When and how will SCOTUS take up Miller retroactivity issues? The question in the title of this post is promoted by this local piece reporting on reactions…

  7. Sentencing Law and Policy

    “Alleyne v. United States, Age as an Element, and the Retroactivity ofMiller v. Alabama”

    By Douglas Berman

    Main October 20, 2013"Alleyne v. United States, Age as an Element, and the Retroactivity of Miller v. Alabama" The title of this post is the title of this intriguing Essay…

  8. Sentencing Law and Policy

    New York Timeseditorial says “End Mandatory Life Sentences”

    By Douglas Berman

    Main September 16, 2013New York Times editorial says "End Mandatory Life Sentences" The title of this post is drawn from the headline of this new New York Times editorial, which…

  9. Sentencing Law and Policy

    Another effective review of the messyMilleraftermath

    By Douglas Berman

    Main September 4, 2013Another effective review of the messy Miller aftermathThis morning's Wall Street Journal has this new article reviewing all the legal uncertainty which persists in state courts more…

  10. Sentencing Law and Policy

    In lengthy split opinion, Minnesota Supreme Court concludesMillershould not apply retroactively

    By Douglas Berman

    Main June 5, 2013In lengthy split opinion, Minnesota Supreme Court concludes Miller should not apply retroactively With thanks to the reader who made sure I did not miss the ruling…