Topic
Retroactivity
265 published works
Wisconsin Appellate Law
Seventh Circuit Announces a New Standard for Analyzing Violations of the Ex Post Facto Clause
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…
PrawfsBlawg
Retroactive enforcement of zombie laws
Main Monday, September 13, 2021Retroactive enforcement of zombie lawsMichael Dorf explores whether, if Roe and Casey are overruled, people can be sanctioned (criminally or civilly a la SB8) under reanimated…
Criminal
<em>Borden</em> claims and the potential for 3582(c)(1)(a) motions to enable retroactivity
I asked a few days ago, in the wake of the Supreme Court's ruling in Borden v. US, No. 19–5410 (S. Ct. June 10, 2021) (available here), limiting applicable ACCA predicates,…
Sentencing Law and Policy
SCOTUS argument in <em>Terry</em> suggests low-level crack defendant unlikely to secure resentencing based on FSA retroactivity
On Tuesday morning, the Supreme Court heard oral argument in Terry v. United States, and the full oral argument is available here via C-SPAN. The full argument runs nearly 90…
Criminal
Acting SG tells SCOTUS that new administration now supports broad application of crack retroactivity provision of FIRST STEP Act in <em>Terry</em>
Earlier this year, the Supreme Court granted cert in Terry v. United States, No. 20-5904, which concerns which crack offenders have a so-called "covered offense" under Section 404 of the…
Data Privacy + Cybersecurity Insider
Federal Court Finds the California Consumer Privacy Act (CCPA) Does Not Apply Retroactively, Dismissing Claims Against Walmart Stemming from an Alleged Data Breach
By Jean Tomasco
A federal District Court in California recently dismissed a lawsuit against Walmart that arose from an alleged data breach. (Gardiner v. Walmart, Inc., 20-cv-04618-JSW (N.D. Cal., March 5, 2021). Among…
Criminal
Federal defendant in <em>Terry</em> with many notable friends urging broad application of crack retroactivity provision of FIRST STEP Act
As reported in this new Law360 piece, headlined "First Step Act's Authors Tell Justices Courts Are Misreading It," the First Step Act case currently on the SCOTUS docket, Terry v.…
Sentencing Law and Policy
Reviewing the still uncertain state, and the still certain need, for effective federal crack retroactivity resentencing
I have not been able to keep up with all of the jurisprudential ups and downs that have followed the FIRST STEP Act finally making retroactive key parts of the…
CAP·impact
Retroactivity in California Statutes
https://soundcloud.com/capimpactca/retroactivity-in-california-statutes In California, as in most states, a statute is presumed to operate prospectively. When construing statutes, there's a general presumption against retroactive cases unless the Legislature plainly has directed…
Criminal
SCOTUS grants cert on four new criminal cases, including one on FIRST STEP Act retroactivity of reduced crack sentences
The Supreme Court last night issued this order list which grants review in 14 new cases that will be heard later this SCOTUS Term. Four of the cases involve criminal…