Topic
Retroactivity
265 published works
Criminal
<em>Ramos</em>, Tasmanian tigers and <em>Teague</em>, oh my: SCOTUS debates retroactivity of jury unanimity rule in <em>Edwards</em> oral argument
The Supreme Court often seems to have a Wizard-of-Oz like quality, especially now that we are all behind a COVID curtain, and so I could not resist an Ozian title…
Tort Talk
Pennsylvania Supreme Court Addresses Law on Retroactivity of Other Decisions Ruling a Statute Unconstitutional
Sometimes a decision out of the worker's compensation arena can provide guidance on issues that effect civil litigation matters.On June 16, 2020, the Pennsylvania Supreme Court issued its decision in…
Sentencing Law and Policy
"The Substance of <em>Montgomery</em> Retroactivity: The Definition of States’ Supremacy Clause Obligation to Enforce Newly-Recognized Federal Rights in Their Post-conviction Proceedings and Why It Matters"
The title of this post is the title of this new article authored by Eric Freedman now available via SSRN. Here is its abstract: In Montgomery v. Louisiana, 136 S.Ct.…
Sentencing Law and Policy
Fifth Circuit joins others saying offense of conviction, not claims about underlying conduct, determines eligibility for retroactive relief under FIRST STEP Act
A helpful reader made sure I did not miss a notable opinion from a Fifth Circuit panel yesterday in US v. Jackson, No. 19-20346 (5th Cir. Dec. 16, 2019) (available…
Supreme Court Update
Order List
Greetings, Court Fans! Barring another unexpected quick per curiam ruling, this will be another quiet week for the Court on the opinions front. There are a number of interesting arguments…
Wage and Hour Defense Blog
California Supreme Court Asked to Decide Whether Dynamex Is Retroactive
As we have previously written, the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court dramatically changed the standard for determining whether workers in California should be classified as…
Sentencing Law and Policy
Judge Jack Weinstein provides thorough explanation for FIRST STEP Act crack retroactivity sentence reduction
A few weeks ago, as noted here, the Justice Department issues a press release discussing the implementation of the FIRST STEP Act in which it reported that the "Act’s retroactive…
Sentencing Law and Policy
SCOTUS takes up <em>Miller</em> retroactivity, unanimous juries, the insanity defense and criminal preemption in latest order list!
The Supreme Court is back in action this morning and today's order lists includes a list of four cases in which certioriari is granted. Four criminal grants would enough to…
Sentencing Law and Policy
SCOTUS preview guest post: “Strange Bedfellows at the Supreme Court”
Main September 17, 2018SCOTUS preview guest post: "Strange Bedfellows at the Supreme Court" I am very grateful that Wayne Logan, the Gary & Sallyn Pajcic Professor of Law at Florida…
Sentencing Law and Policy
Noticing latest USSC data on retroactive impact of “drugs -2” guideline amendment
Main September 3, 2018Noticing latest USSC data on retroactive impact of "drugs -2" guideline amendment Just before the long weekend, I saw that the US Sentencing Commission's website has this…