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Topic

Retroactivity

264 published works

  1. Criminal

    US Sentencing Commission schedules big meeting for August 8, 2024 to vote on retroactivity and priorities

    By Douglas Berman

    As detailed in this official announcement, two weeks from today is the scheduled date for a big official public meeting for the US Sentencing Commission to take big votes on…

  2. Criminal

    US Sentencing Commission notices “Public Hearing on Retroactivity” for its proposed 2024 guideline amendments

    By Douglas Berman

    As detailed in this official notice, the United States Sentencing Commission has now announced "a public hearing is scheduled for Monday, July 15, 2024 from 9:00 am–12:15 pm (EDT)."  Here…

  3. Criminal

    New US Sentencing Commission data on retroactive application of criminal history amendments

    By Douglas Berman

    Last year, US Sentencing Commission voted for (delayed) retroactive application of its Guideline amendments relating to criminal history.  There were two major parts to these amendment that reduced the sentencing…

  4. Wage & Hour - Developments & Highlights

    The New Jersey Supreme Court Gets A Chance To Right A Very Egregious Wrong—What Does Retroactivity Mean?

    By Fox Rothschild LLP

    In 2019, the New Jersey Legislature beefed up the wage-hour law by expanding the statute of limitations from two years to six years and implementing a liquidated damages provision, by…

  5. Criminal

    Gearing up for new guidelines amendments becoming law and working through criminal history retroactivity

    By Douglas Berman

    A week from today, on November 1, 2023, the new US Sentencing Commission's amendments to the US Sentencing Guidelines become law (absent congressional intervention, which does not appear to be…

  6. Other

    Remarks of Chair of US Sentencing Commission suggests his affinity for retroactivity of new criminal history guidelines

    By Douglas Berman

    A series of meetings kept me from watching all 6+ hours of the US Sentencing Commission's public hearing yesterday considering the possible retroactivity of the USSC's new amendments to the…

  7. Sentencing Law and Policy

    Dynamic comments submitted to US Sentencing Commission as it considers retroactivity of new criminal history guidelines

    By Douglas Berman

    In this April post, I provided some details on the US Sentencing Commission's proposed consequential amendments to alter how criminal history is assessed and calculated under the federal sentencing guidelines.  The…

  8. Other

    US Sentencing Commission schedules public hearing to consider retroactivity of amendments to criminal history rules

    By Douglas Berman

    I received an official email today from the US Sentencing Commission providing "Notice of Public Hearing" to be on Wednesday, July 19, 2023 from  9:00 AM - 3:00 PM (EDT).  Here…

  9. Criminal

    US Sentencing Commission publishes detailed retroactivity analysis for its amendments to federal guidelines’ criminal history rules

    By Douglas Berman

    In this post last month, I provided some details on the US Sentencing Commission's proposed consequential amendments to alter how criminal history is assessed and calculated under the federal sentencing…

  10. Wisconsin Appellate Law

    Seventh Circuit Announces a New Standard for Analyzing Violations of the Ex Post Facto Clause

    By Eric G. Pearson

    Those who practice municipal law in the three states that make up the Seventh Circuit now have a new standard to consider when arguing that a law violates the Constitution’s…