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Topic

Retroactivity

265 published works

  1. Sentencing Law and Policy

    Lots of talk about all the talk about jurisdiction during SCOTUS oral argument inMontgomery

    By Douglas Berman

    Main October 13, 2015Lots of talk about all the talk about jurisdiction during SCOTUS oral argument in MontgomeryGiven that the Supreme Court added on its own question about its jurisdiction…

  2. Sentencing Law and Policy

    Lots of media previews of today’s two big SCOTUS sentencing cases

    By Douglas Berman

    Main October 13, 2015Lots of media previews of today's two big SCOTUS sentencing casesThe Supreme Court returns from a long weekend with two cases that should remake, or at least…

  3. Sentencing Law and Policy

    Montgomerywards: gearing up for SCOTUS juve LWOP retroactivity case

    By Douglas Berman

    Main September 14, 2015Montgomery wards: gearing up for SCOTUS juve LWOP retroactivity caseIn four weeks, the US Supreme Court will hear oral argument in Montgomery v. Louisiana. Here, via this…

  4. Sentencing Law and Policy

    US Sentencing Commission releases new data on retroactive application of “drugs -2” guideline amendment

    By Douglas Berman

    Main August 17, 2015US Sentencing Commission releases new data on retroactive application of "drugs -2" guideline amendment I just noticed on the US Sentencing Commission's website this notable new document…

  5. Sentencing Law and Policy

    “The Circuit Split onJohnsonRetroactivity”

    By Douglas Berman

    Main August 15, 2015"The Circuit Split on Johnson Retroactivity"The title of this post is the headline of this effective new Casetext analysis of the intricate lower-court legal story already emerging…

  6. Sentencing Law and Policy

    Split Eleventh Circuit panel splits from Seventh Circuit approach onJohnsonretroactivity

    By Douglas Berman

    Main August 13, 2015Split Eleventh Circuit panel splits from Seventh Circuit approach on Johnson retroactivityI had an inkling it might not take too long for lower courts to become divided…

  7. Sentencing Law and Policy

    Could USSC’s proposed amendment dealing with SCOTUSJohnsonruling be made retroactive (and how many federal prisioners could then get reduced sentences)?

    By Douglas Berman

    Main August 10, 2015Could USSC's proposed amendment dealing with SCOTUS Johnson ruling be made retroactive (and how many federal prisioners could then get reduced sentences)?Readers know that I have been…

  8. Sentencing Law and Policy

    “Miller v. Alabamaas a Watershed Procedural Rule: The Case for Retroactivity”

    By Douglas Berman

    Main July 30, 2015"Miller v. Alabama as a Watershed Procedural Rule: The Case for Retroactivity"The title of this post is the title of this timely piece available via SSRN and…

  9. Sentencing Law and Policy

    “Federalism and Retroactivity in State Post-Conviction Proceedings”

    By Douglas Berman

    Main July 25, 2015"Federalism and Retroactivity in State Post-Conviction Proceedings"The title of this post is the title of this notable article authored by Stephen R. McAllister appearing in the latest…

  10. Inside SALT

    How Far Back Can a Back Tax Go? Petition for Certiorari in Hambleton Asks Supreme Court to Right Unjust Retroactivity

    By McDermott Will & Emery

    Retroactivity is an endemic problem in the state tax world.  In this year alone, we have seen retroactive repeal of the Multistate Tax Compact (MTC) in Michigan, as well as…