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 InfoNew York : Oxford University Press, [2023]
Descriptionvii, 297 pages ; 24 cm.
Supplemental ContentFull text available from Oxford Scholarship Online
Subjects

SeriesStudies 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 noteIncludes bibliographical references (pages 201-293) and index.
Access restrictionAvailable only to authorized users.
Technical detailsMode of access: World Wide Web
Genre/formElectronic books.
LCCN 2022002098
ISBN9780190053505 (hardback)
ISBN(epub)

Availability

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