Topic
Retroactivity
265 published works
Corporate & Financial Weekly Digest
Southern District of New York Applies Dodd-Frank Section 929A Retroactively
Co-authored by Joseph E. Gallo The U.S. District Court for the Southern District of New York recently addressed the question of whether Section 929A of the Dodd-Frank Wall Street Reform…
ImmigrationProf Blog
Immigration Article of the Day: Should Padilla Be Retroactive? by Danielle Acker Susanj
Should Padilla Be Retroactive? by Danielle Acker SusanjAbstract: When the Supreme Court decided Padilla v. Kentucky in 2010, it declared that defense lawyers had a duty to inform criminal defendants…
Sentencing Law and Policy
SCOTUS grants cert to considerPadilla’s retroactivity
Main April 30, 2012SCOTUS grants cert to consider Padilla's retroactivityHard-core criminal procedure fans have to be giddy this morning based on the news in this Supreme Court order list: the…
Sentencing Law and Policy
Why talk of “retroactivity” makes me (unjustifiably?) nuts in the FSA pipeline cases
Main April 13, 2012Why talk of "retroactivity" makes me (unjustifiably?) nuts in the FSA pipeline casesRegular readers know I blogged a lot about the application of the Fair Sentencing Act…
ImmigrationProf Blog
Opinion analysis: Court rejects retroactive application of 1996 immigration law amendment
Here is my analysis on SCOTUSBlog of the Supreme Court's decision last week in Vartelas v. Holder.UPDATE (April 5, 9): The Legal Action Center, the Immigrant Defense Project, and the…
ImmigrationProf Blog
Supreme Court Rules in Favor of Immigrant in IIRIRA Retroactivity Case
In an opinion by Justice Ginsburg, the Supreme Court ruled in favor of the lawful permanent resident in Vartelas v. Holder. The majority opinion encapsulates the holding as follows:This case presents…
Understanding the ADA
Did the Second Circuit really do that? Is the ADA retroactive
Since the changes are so radical between the Americans with Disabilities Act and the ADAAA in many ways, a question comes up as to whether those changes are retroactive to…
EvidenceProf Blog
Going Retro: Appellate Court Of Illinois Finds Illinois Rules Of Evidence Apply Retroactively
By Colin Miller
Similar to its federal counterpart, Illinois Rule of Evidence 409 provides thatIn addition to the provisions of section 8–1901 of the Code of Civil Procedure (735 ILCS 5/8–1901), evidence of furnishing or…
Sentencing Law and Policy
When and how willPadillaretroactivity issues get to SCOTUS?
Main January 12, 2012When and how will Padilla retroactivity issues get to SCOTUS?The question in the title of this post flows from this effective story by Michelle Olsen at Appellate…
Employment & Labor
Second Circuit Finds Releases Limit Application of Fair Pay Act’s Retroactivity Provisions
By Rebecca Bjork and Chris Palamountain The Plaintiffs' class action bar has made much of the retroactivity provisions of the Lilly Ledbetter Fair Pay Act of 2009, which provide that…