Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


The Ex Post Facto Clause: Its History and Role in a Punitive Society


ISBN13: 9780190053505
Published: December 2022
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £29.99



Despatched in 8 to 10 days.

Also available as

The first comprehensive examination of the US Constitution's Ex Post Facto Clause, surveying its history and the critical role it can and should play in combatting the punitive tendencies of American legislatures.

The Ex Post Facto Clause, one of the few civil liberty protections found in the body of the US Constitution, reflects the Framers' acute concern over the tendency of legislatures to enact burdensome retroactive laws targeting unpopular individuals. Over time, a broad array of Americans have invoked the protective cloak of the Clause, including Confederate sympathizers in the late 1860s; immigrants in the early 1900s; Communist Party members in the 1950s; and, since the 1990s, convicted sex offenders. Although the Supreme Court enforced the Clause with vigor during the first several decades of the nation's history, of late the justices have been less than zealous defenders of the security it was intended to provide. And, even more problematic, they have done so amid major changes in the nation's social, political, and institutional life that have made the protections of the Ex Post Facto Clause all the more important.

The Ex Post Facto Clause provides the first book-length examination of the history of the Clause and its potential for tempering the punitive impulses of modern American legislatures. Wayne A. Logan chronicles and critiques the evolving treatment of ex post facto claims by the Supreme Court, which has created a body of law that is both at odds with the Framers' intent and ill-suited to the unforgiving and harshly punitive nation that America has become. Drawing on Framing Era history, seminal Supreme Court decisions, and the global embrace of the values underlying the Ex Post Facto Clause, Logan provides a blueprint for how the Clause can play a reinvigorated and more robust role in guarding against the penal populism besetting modern American legislatures.

Subjects:
Other Jurisdictions , USA
Contents:
Introduction
Chapter 1: Background and Early History
Chapter 2: The Supreme Court Weighs In: Calder v. Bull (1798)
Chapter 3: Formative Nineteenth Century Developments
Chapter 4: Late Nineteenth Century to 1990: A Period of Retrenchment
Chapter 5: The 1990s to the Present
Chapter 6: Recasting the "Punishment Question"
Chapter 7: Broadening the Scope of Coverage
Chapter 8: Global Perspectives
Appendix A
Appendix B
Index