Topic
Retroactivity
265 published works
CALIFORNIA ATTORNEY'S FEES
Undertaking: Amended CRC On Recoverability Of Appeal Undertaking Lending Expenses Had No “Retroactivity” Problem In Case Where Remittitur Had Not Yet Issued
Appellate Court Rejected That Lending Had To Be Specifically Tied In Initial Purpose To Obtaining Undertaking Expense Moneys. Effective January 1, 2013, CRC rule 8.278 allows a prevailing party on…
Legislation Law Prof Blog
The Radical Reordering of Death Penalty Repeal: Nebraska Goes Retro
By Kevin Barry
On May 29, just two days after Nebraska became the nineteenth state to abolish the death penalty, Nebraska Governor Pete Ricketts announced that he still plans to execute Nebraska’s ten…
Sentencing Law and Policy
Interesting analysis of “Watersheds” in state collateral retroactivity review
Main April 27, 2015Interesting analysis of "Watersheds" in state collateral retroactivity reviewEspecially with the Supreme Court finally taking up the retroactivity of its 2012 Eighth Amendment ruling in Miller, I…
Sentencing Law and Policy
“Lex Mitior: Converse of Ex Post Facto and Window into Criminal Desert”
Main April 14, 2015"Lex Mitior: Converse of Ex Post Facto and Window into Criminal Desert"The title of this post is the title of this interesting and timely new piece on…
Sentencing Law and Policy
Considering one defendant getting a second look due toMillerretroactivity
Main April 12, 2015Considering one defendant getting a second look due to Miller retroactivityOne big reason I believe the Supreme Court's Eighth Amendment ruling in Miller v. Alabama ought to…
Sentencing Law and Policy
The extra state habeas question (and its answer?) inMontgomery, the new SCOTUSMillerretroactivity case
Main March 23, 2015The extra state habeas question (and its answer?) in Montgomery, the new SCOTUS Miller retroactivity caseNotably, the Supreme Court's cert grant in in another Miller retroactivity case…
Proskauer Whistleblower Defense
SEC’s Limit on Retroactivity of Dodd-Frank Whistleblower Bounty Awards Is Reasonable, Second Circuit Holds
By Steven J. Pearlman, Harris Mufson, Allison Martin
The Second Circuit Court of Appeals recently deferred to the SEC’s determination that a tipster who provided information to the Commission before July 21, 2010, the effective date of the…
Civil Procedure & Federal Courts Blog
Two Interesting SCOTUS Cert Grants Today
Today’s order list from the Supreme Court includes grants of certiorari in two cases.DIRECTV v. Imburgia (No. 14-462) will ask the Court once more to address arbitration agreements and the…
Sentencing Law and Policy
Florida Supreme Court decides unanimously thatMillerapplies retroactively to all mandatory juve LWOP sentences
Main March 19, 2015Florida Supreme Court decides unanimously that Miller applies retroactively to all mandatory juve LWOP sentencesAs reported in this local piece, the "Florida Supreme Court unanimously ruled Thursday…
Sentencing Law and Policy
George Toca now a free man … and SCOTUS now lacks a liveMillerretroactivity case
Main January 29, 2015George Toca now a free man ... and SCOTUS now lacks a live Miller retroactivity caseThis local article from Louisiana, headlined "George Toca, La. inmate at center…