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Retroactivity

265 published works

  1. Sentencing Law and Policy

    Eleventh Circuit concurrence lists 100+ cases now made viable now thatWelchclarifiedJohnson’s retroactivity

    By Douglas Berman

    Main April 20, 2016Eleventh Circuit concurrence lists 100+ cases now made viable now that Welch clarified Johnson's retroactivityA helpful reader altered me to a remarkable concurrence authored by Eleventh Circuit…

  2. Sentencing Law and Policy

    Two thoughtful reactions to the quick SCOTUS retroactivity work inWelch

    By Douglas Berman

    Main April 18, 2016Two thoughtful reactions to the quick SCOTUS retroactivity work in WelchAs first noted here, this morning the US Supreme Court ruled in Welch v. United States that…

  3. Sentencing Law and Policy

    SeeingMontgomeryandWelchas SCOTUSTeaguemake-up calls

    By Douglas Berman

    Main April 18, 2016Seeing Montgomery and Welch as SCOTUS Teague make-up callsA few years ago I wrote this extended article, titled "Re-Balancing Fitness, Fairness, and Finality for Sentences," which made…

  4. Sentencing Law and Policy

    Supreme Court swiftly rules inWelchdeclaringJohnsonACCA vagueness decision retroactive

    By Douglas Berman

    Main April 18, 2016Supreme Court swiftly rules in Welch declaring Johnson ACCA vagueness decision retroactiveAs reported here, just a few weeks ago the Supreme Court heard oral argument in Welch…

  5. Sentencing Law and Policy

    “Montgomery’s Messy Trifecta”

    By Douglas Berman

    Main April 17, 2016"Montgomery's Messy Trifecta"A few weeks ago, I finally found a bit of extra time to dig into the doctrinal particulars of the Supreme Court's important ruling in…

  6. Sentencing Law and Policy

    “Normative Retroactivity”

    By Douglas Berman

    Main April 6, 2016"Normative Retroactivity"The title of this post is the title of this timely new piece by William Berry now available via SSRN. Here is the abstract: When the…

  7. Sentencing Law and Policy

    Examining how Michigan, thanks toMontgomery, is struggling throughMillerretroactivity

    By Douglas Berman

    Main April 6, 2016Examining how Michigan, thanks to Montgomery, is struggling through Miller retroactivityA couple of month ago I flagged here a press report on the legal and practical challenges…

  8. Sentencing Law and Policy

    A telling, but still unsatisfying, SCOTUS discussion of retroactivity during oral argument inWelch

    By Douglas Berman

    Main March 31, 2016A telling, but still unsatisfying, SCOTUS discussion of retroactivity during oral argument in WelchAs previewed in this post, yesterday the Supreme Court heard oral argument in Welch…

  9. Sentencing Law and Policy

    Effective previews via SCOTUSblog before an exciting upcoming SCOTUS week for sentencing fans

    By Douglas Berman

    Main March 27, 2016Effective previews via SCOTUSblog before an exciting upcoming SCOTUS week for sentencing fansThis coming week brings two interesting Supreme Court cases about sentencing issues via Betterman v.…

  10. Sentencing Law and Policy

    Notable split Sixth Circuit ruling on (suspect) limits of retroactive guideline reductions

    By Douglas Berman

    Main March 7, 2016Notable split Sixth Circuit ruling on (suspect) limits of retroactive guideline reductionsA split Sixth Circuit panel handed down today an interesting little sentencing opinion in US v.…