The ex post facto clause its history and role in a punitive society / Wayne A. Logan, Stephen M. Goldstein Professor, Florida State University College of Law.
| Author/creator | Logan, Wayne A., 1960- |
| Other author | Oxford University Press. |
| Format | Electronic |
| Publication Info | New York : Oxford University Press, [2023] |
| Description | vii, 297 pages ; 24 cm. |
| Supplemental Content | Full text available from Oxford Scholarship Online |
| Subjects |
| Series | Studies crime amd public policy series |
| Contents | Introduction -- Background and early history -- The Supreme Court weighs in : Calder v. Bull (1798) -- Formative nineteenth century developments -- Late nineteenth century to 1990 : a period of retrenchment -- The 1990s to the present -- Recasting the "punishment question" -- Broadening the scope of coverage -- Global perspectives. |
| Abstract | "This volume provides the first book-length, modern-era examination of the Ex Post Facto Clause, contained in Article I of the U.S. Constitution, and its role in tempering the penal populism of American legislatures. As one of the few rights specified in the body of the Constitution itself, the Clause was intended, as James Madison put it, to serve as a "bulwark" against the tendency of legislatures to enact retroactive laws increasing or imposing new burdens on disdained individuals. For the first several decades of the nation's history, the Supreme Court enforced the Clause with vigor, for instance invalidating retroactive laws enacted after the Civil War targeting supporters of the Confederacy. Today, however, the Clause is a hollowed out shell of its former self, reflecting and enabling the nation's shift toward politically popular tough-on-crime policies. The book chronicles this evolution and provides a blueprint for how the Ex Post Facto Clause can be restored to its rightful place as a bulwark against the punitive impulses of modern-day legislators, whether state or federal"-- Provided by publisher. |
| Bibliography note | Includes bibliographical references (pages 201-293) and index. |
| Access restriction | Available only to authorized users. |
| Technical details | Mode of access: World Wide Web |
| Genre/form | Electronic books. |
| LCCN | 2022002098 |
| ISBN | 9780190053505 (hardback) |
| ISBN | (epub) |
Availability
| Library | Location | Call Number | Status | Item Actions |
|---|---|---|---|---|
| Electronic Resources | Access Content Online | ✔ Available |