56 (1965), which opposes retroactive application, with Comment, Linkletter, Shott, and the Retroactivity Problem in Escobedo, 64 Mich.L.Rev.
L. 104 188 applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive application, see section 1953 of Pub.
Far preferable, it seems to me, would be the adoption of the position of Justice Harlan, that new constitutional principles should, with rare exception, not be given retroactive application on habeas review.
The amendment was more accurately described as a "rule of admissibility," Justice Ginsburg said, and its retroactive application was not inconsistent with the "fundamental purposes" of the ex post facto clause.
708, 716, 93 L.Ed.2d 649 (1987), even where the new rule constituted a "clear break" with previous law, in favor of completely retroactive application of all decisions to cases pending on direct review.
"Inmate populations in the BOP system declined in 2015 and are expected to decline further in 2016 due, in part, to the retroactive application of changes to sentencing guidelines applicable to federal drug trafficking offenses," the company wrote in its most recent annual filing with the Securities and Exchange Commission.
That reliance, together with the "unjust results" that would follow from retroactive application, was thought by the court to satisfy the Chevron Oil test for prospectivity.
Supreme Court precedents strongly disfavoring the retroactive application of new constitutional interpretations, along with the restrictive approach to habeas corpus in a 1996 federal law, have made the retroactivity question an elusive and technically difficult one.
2034, 23 L.Ed.2d 685, were given retroactive application.
2339, 53 L.Ed.2d 306, held that Mullaney was to have retroactive application.
