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Retroactivity

265 published works

  1. 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…

  2. PrawfsBlawg

    Retroactive enforcement of zombie laws

    By prawfsblawg@gmail.com

    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…

  3. Criminal

    <em>Borden</em> claims and the potential for 3582(c)(1)(a) motions to enable retroactivity

    By Douglas Berman

    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,…

  4. Sentencing Law and Policy

    SCOTUS argument in <em>Terry</em> suggests low-level crack defendant unlikely to secure resentencing based on FSA retroactivity

    By Douglas Berman

    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…

  5. Criminal

    Acting SG tells SCOTUS that new administration now supports broad application of crack retroactivity provision of FIRST STEP Act in <em>Terry</em>

    By Douglas Berman

    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…

  6. 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…

  7. Criminal

    Federal defendant in <em>Terry</em> with many notable friends urging broad application of crack retroactivity provision of FIRST STEP Act

    By Douglas Berman

    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.…

  8. Sentencing Law and Policy

    Reviewing the still uncertain state, and the still certain need, for effective federal crack retroactivity resentencing

    By Douglas Berman

    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…

  9. CAP·impact

    Retroactivity in California Statutes

    By Chris Micheli

    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…

  10. Criminal

    SCOTUS grants cert on four new criminal cases, including one on FIRST STEP Act retroactivity of reduced crack sentences

    By Douglas Berman

    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…