Topic
Retroactivity
265 published works
Sentencing Law and Policy
Top-side brief inBurton, the SCOTUSBlakelyretroactivity case
Main August 29, 2006Top-side brief in Burton, the SCOTUS Blakely retroactivity caseAs detailed in posts linked below, the Supreme Court this Fall will consider Blakely's retroactivity in Burton v. Waddington.…
ImmigrationProf Blog
But More on Fernandez-Vargas
For more on Fernandez-Vargas decision from a statutory interpretation and retroactivity analysis question, click here to link to SCOTUSblog.Jennifer Chacon's comments are right on point about the Supreme Court's analysis.…
ImmigrationProf Blog
More on Fernandez-Vargas
Kevin Johnson already posted the decision and some commentary (below). The decision was not particularly suprising. And while I disagree with it, the Court's Landgraf analysis pertaining to retroactivity is…
Sentencing Law and Policy
Could we get moreBlakely/BookerSCOTUS surprises this week?
Main June 11, 2006Could we get more Blakely/Booker SCOTUS surprises this week?As noted in this post, last week I was prepared for some sentencing-related Supreme Court opinions, but instead was…
Sentencing Law and Policy
Press coverage of cert grant inBurton
Main June 6, 2006Press coverage of cert grant in BurtonThe MSM has just a little coverage of the cert grant in Burton v. Waddington, the case in which the Supreme…
Sentencing Law and Policy
The cert briefs inBurton
Main June 5, 2006The cert briefs in BurtonThanks to a couple of kind readers, I now have copies of the cert briefs from Burton v. Waddington, the case in which…
Sentencing Law and Policy
Could they, would they, should they … declareBlakelyretroactive?
Main June 5, 2006Could they, would they, should they ... declare Blakely retroactive?I am not sure what I consider more fun right now: speculating why exactly the Supreme Court has…
Sentencing Law and Policy
Supreme Court to take upBlakelyretroactivity!
Main June 5, 2006Supreme Court to take up Blakely retroactivity!Though I was prepared for the big SCOTUS sentencing news to emerge from new opinions, instead the news comes from a…
Sentencing Law and Policy
Minimal mid-May SCOTUS action in the criminal justice arena
Main May 15, 2006Minimal mid-May SCOTUS action in the criminal justice arenaAs detailed here at SCOTUSblog, the Supreme Court today granted cert on four cases and issued opinions in four…
The UCL Practitioner
Supreme Court review sought in two more Prop. 64 cases
Petitions for review have been filed in these two cases, both of which involve Prop. 64 retroactivity: Brazil v. Sara Lee Corp., Cal. Supreme Court case no. S141348 (publication request…