Professor Adam Thimmesch’s article, “Adjudicative Retroactivity and the Power to Punish,” was recently accepted for publication by the University of Pennsylvania Journal of Constitutional Law.
The article explores the temporal impacts of Supreme Court adjudication, particularly when the Court reverses a decision that previously granted a constitutional right or otherwise limited the government’s power. The article argues that prospective adjudication in those contexts is both appropriate and permissible. The article also articulates a Due Process right that should protect individuals from retroactive sanctions in such cases.
