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Questions tagged [ex-post-facto]

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-2 votes
1 answer
127 views

Could a Ban on Chinese Investments be Retroactive?

I just read that the U.S. government is planning on banning investments in Chinese companies that are associated with high-tech and artificial intelligence. What would that mean for a person who ...
2 votes
1 answer
127 views

Are parties protected from retroactive action when a law allowing something is declared unconstitutional and other existing laws conflict? CA Prop22

Are parties protected from retroactive action when a law allowing something is declared unconstitutional and other existing laws conflict? RE:CA Prop22 and AB-5 law on Independent Contractor status ...
0 votes
1 answer
121 views

Would a valid ex post facto law be possible with a constitutional amendment?

Suppose that some action has been committed that is virtually universally seen as heinously immoral and worthy of punishment. However, there is technically no law against the action at the time, and ...
10 votes
3 answers
4k views

Can penalties be increased retroactively by statutes?

Would a law retroactively increasing the penalties for a crime, but not criminalizing any formerly legal action, be constitutional, or would it be considered ex post facto?
13 votes
6 answers
9k views

Can someone be prosecuted for something that was legal when they did it?

This sounds similar to this question, which keeps being used in AI and web search queries: What if I did something that was a crime, but has now become legal? Can someone be prosecuted for something ...
0 votes
1 answer
85 views

Would a law that increased penalties for actions taken before its passage be considered ex post facto?

Suppose a new law was passed in a US state banning jaywalking, which was not previously illegal in this state. (That's just a random example; the particular offense is not relevant.) It is common for ...
3 votes
1 answer
263 views

How was retroactive copyright extension ever approved of?

In the US, copyright has been retroactively extended multiple times. Steamboat Willie for example has repeatedly been snatched away from the public domain in the last minute. It was first due to enter ...
9 votes
1 answer
769 views

Can abortion laws which were made legal to prosecute be applied ex post facto?

Normally, a person cannot be charged with a crime if the statute outlawing their behavior was passed after they committed it, states and Congress are barred by the US Constitution from enforcing such ...
2 votes
1 answer
156 views

Is the Muslim Women (Protection of Rights on Marriage) Act violative of fundamental rights?

On July 31, 2019, Government of India published the concerned Act in its official gazette. Article 4 in the Act has penal provisions which turns the act of declaring instantaneous unilateral divorce ...
1 vote
2 answers
166 views

Limitations or exceptions at the state level to ex post facto laws?

There is a local (but nationally recognized) law firm that has this commercial. The "meat" of the commercial is this: A biker is injured and the law firm goes after the insurance company. Company ...
4 votes
1 answer
177 views

Would "ex post facto" apply to tax deduction laws?

Yesterday I had a discussion with my colleague. This year I am traveling rather large distances for work. My colleague asked me how I can bear the costs of travel. I told her it is ok, because the ...