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- Title
RETROACTIVITY AND IMMIGRANT CRIMES SINCE ST. CYR: EMERGING SIGNS OF JUDICIAL RESTRAINT.
- Authors
Van Wyke, Vashti D.
- Abstract
The article argues that since the case of INS vs. St. Cyr, the lower courts have not followed the U.S. Supreme Court's mandate to fully apply the Landgraf vs. USI Film Products framework to cases. The author claims that the lower courts have failed to recognize that retroactivity analysis is fundamentally concerned with statutory construction. The author also claims that the lower courts have failed to follow the Landgraf line of cases on the question of which past conduct is protected from retroactive application of new laws on immigrant crimes.
- Subjects
UNITED States; ACTIONS &; defenses (Law); RETROACTIVE laws; IMMIGRATION law; CONSTITUTIONAL law; DUE process of law
- Publication
University of Pennsylvania Law Review, 2006, Vol 154, Issue 3, p741
- ISSN
0041-9907
- Publication type
Article
- DOI
10.2307/40041283