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Retroactivity

265 published works

  1. Sentencing Law and Policy

    Teague, state powers and retroactivity issues inDanforth

    By Douglas Berman

    Main October 31, 2007Teague, state powers and retroactivity issues in DanforthWith the recent Wilson ruling from the US Supreme Court and the US Sentencing Commission debating the reach of new…

  2. Sentencing Law and Policy

    The Sentencing Project urges retroactivity of USSC crack amendment

    By Douglas Berman

    Main October 16, 2007The Sentencing Project urges retroactivity of USSC crack amendmentAs detailed here, the Sentencing Project "has submitted a letter to the United States Sentencing Commission urging it to…

  3. Sentencing Law and Policy

    USSC schedules public hearing on crack amendment retroactivity

    By Douglas Berman

    Main October 14, 2007USSC schedules public hearing on crack amendment retroactivityAs noted on the US Sentencing Commission's website, the "Commission has scheduled a public hearing for November 13, 2007 at…

  4. Sentencing Law and Policy

    A vehicle for addressingBookerretroactivity (andTeague)

    By Douglas Berman

    Main September 20, 2007A vehicle for addressing Booker retroactivity (and Teague)I received today a copy of a cert petition flagging another set of interesting sentencing-related issues for the Supreme Court.…

  5. Sentencing Law and Policy

    Amazingly interesting case for Fed Courts law geeks (like me)

    By Douglas Berman

    Main September 6, 2007Amazingly interesting case for Fed Courts law geeks (like me)Thanks to this post at SCOTUSblog, one can now access all the briefs filed in in Danforth v.…

  6. Sentencing Law and Policy

    Notable sex offender residency restriction ruling from Ohio

    By Douglas Berman

    Main September 4, 2007Notable sex offender residency restriction ruling from OhioAmong lots of new interesting posts at Sex Crimes is this post noting a significant new ruling restricting the application…

  7. Sentencing Law and Policy

    RemarkableApprendiineffectiveness ruling from the Sixth Circuit

    By Douglas Berman

    Main August 16, 2007Remarkable Apprendi ineffectiveness ruling from the Sixth CircuitAfter seeing this ruling earlier today, I wanted to read it closely to be sure it was as big a…

  8. Sentencing Law and Policy

    When will SCOTUS addressBookerretroactivity?

    By Douglas Berman

    Main May 16, 2007When will SCOTUS address Booker retroactivity?Amidst lots of thoughtful sentencing work by Sixth Circuit judges recently (examples here and here), Judge Martin's dissent in Valentine v. US,…

  9. Sentencing Law and Policy

    Thoughtful work from the Sixth Circuit onBookerretroactivity

    By Douglas Berman

    Main May 14, 2007Thoughtful work from the Sixth Circuit on Booker retroactivityContinuing its tradition of thoughtful (and often divided) post-Booker work, the Sixth Circuit today in Valentine v. US, No.…

  10. Sentencing Law and Policy

    DC Circuit rejectsBookerretroactivity (and suggestsBlakelymight be watershed?)

    By Douglas Berman

    Main May 11, 2007DC Circuit rejects Booker retroactivity (and suggests Blakely might be watershed?)The DC Circuit today in In Re: Fashina, 06-3002 (DC Cir. May 11, 2007) (available here) rejects…