Perspective
Aug. 7, 2015
One day you're in, one day you're out
Generally, when announcing a new rule of law, the rendering court must determine whether the rule should be applied prospectively or retroactively. A court cannot embrace "selective prospectivity." By P. Karczag and Aaron L. Arndt
Generally, when announcing a new rule of law, the rendering court must determine whether
the rule should be applied prospectively or retroactively. A court cannot embrace
what Justice David Souter defined as "selective prospectivity" (James B. Beam Distilling Co. v. Georgia, 501 U.S. 529, 537-38 (1991)), which would allow courts to determine how to apply
the rule ...
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