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- Title
A Retroactivity Retrospective, With Thoughts for the Future: What the Supreme Court Learned from Paul Mishkin, and What it Might.
- Authors
Roosevelt III, Kermit
- Abstract
The article discusses the U.S. Supreme Court decision of Linkletter v. Walker and Paul Mishkin's critique on the said decision. According to the author, Mishkin described the decision as basically unwise. It then looks at the Court's struggle with Linkletter's legacy, trying to provide some insight as to how the deficiencies of the current approach derive from Linkletter and could be amended by a fuller acceptance of Mishkin's views. Specific thoughts on the retroactivity problem currently before the Court are offered.
- Subjects
UNITED States; RETROACTIVE judicial decisions; RETROACTIVE laws; LEGAL judgments; ACTIONS &; defenses (Law); JUDICIAL process; MISHKIN, Paul; CONSTITUTIONAL courts; UNITED States. Supreme Court
- Publication
California Law Review, 2007, Vol 95, Issue 5, p1677
- ISSN
0008-1221
- Publication type
Article