Author of his own demise May 30, 2008
My wife, Pam, thinks he must have been drunk (that's how so many of these reunions seem to happen) and had no idea ex post facto where he left them. But I think if you've experienced a recidivistic tryst with an ex, and then you can't find some papers in the next day or two, you have a pretty good idea where they are. (Globe and Mail)
LETTERS: NCT, May 20, 2008 May 21, 2008
Alf wrote on May 20, 2008 3:08 PM:While I understand your frustration, "Jack_D" at 1:34PM, I have an example of PERCEIVED "Judicial activism" and "thwarting the will of the people. Remember Prop. 83? Seventy percent of California voters, who voted, voted FOR it. Aspects of it were ruled un-Constitutional. Was this "judicial activism"? NO. ANY "punitive ex post facto" law violates the United States Constitution and, if challenged, MUST be struck down. What went wrong? Prop. 83 was poorly written... (North County Times)
Court restricts part of sex offender residency law May 15, 2008
The unanimous 10-page ruling upheld a Blackford County judge's opinion, holding that the state law was an ex post facto law that punished sex offenders for behavior that was not criminal when it was committed _ in this case, home ownership. The residency statute clearly increases the penalty applied to affected sex offenders by preventing those offenders from residing and taking full advantage of their ownership rights in property acquired prior to conviction and prior to the imposition of the... (Rensselaer Republican, IN)
2nd Circuit Upholds Investment Adviser's Extended Sentence After Fraud Victims' Testimony May 7, 2008
Eberhard argued unsuccessfully in the 2nd U.S. Circuit Court of Appeals that the Justice for All Act, which empowers crime victims to speak up at sentencing, was applied ex post facto in his case ... Jacobs, writing for the court, said that, even if the court assumed, "as we do not," that the longer sentence was attributable to the victims' statements and the court was barred from considering victim impact statements prior to the passage of the Justice for All Act, "Eberhard's Ex Post Facto... (Law.com)
States mull sex-offender registries May 6, 2008
U.S. law bars states from passing ex post facto laws those that punish someone for activity committed before the law was enacted. However, retroactive enforcement of Megan's laws the informal name for sex offender-registration laws named for New Jersey abuse victim Megan Kanka was upheld by the U.S. Supreme Court in 2003. (USA Today)
The Asiatic vs. Italian fake hair showdown Apr 12, 2008
Greenspan's ex post facto sense of perturbation stains credibility -- but no more so than his adamant declaration that nothing could have been done to stop the housing bubble or keep mortgage lenders from offering all those exotic option-ARMs and no-money-down subprime loan products to the public. Because, after all, "there are no realistic alternatives" to the necessity of depending on markets to police themselves -- or for parties in a transaction to effectively judge each other's... (Salon)
Letters to the Editor - 3/18/2008 Mar 19, 2008
83 (Jessica's Law) and, even though legislators wrote it, aspects such as the minimum 2000 foot limit and GPS ankle bracelets for offenders who had already completed their sentence were thrown out because they violated the Constitutional ban of "punitive ex post facto laws". Face facts, each and every violation of the Constitutional rights of any or all of the American People is, indeed, a violation of the highest law of the land, the United States Constitution, without which we are nothing... (North County Times)
Rio Tinto: Japanese anti-trust authorities to start probing BHP Billiton, JFTC official says Mar 19, 2008
Under normal share-exchange situations, JFTC requires relevant parties to submit ex post facto (retroactive) reporting instead of prior notification. But it is not possible to wait that long. What I can say at the moment is that we will examine the situation while talking to our overseas counterparts, the official said. (FT.com -- Markets)
Time is passing instant photography by Mar 16, 2008
That sounds like ex post facto PR. But the Polaroid (note how the image requires a definite article as does neither company nor camera) soon enough gave rise to its own aesthetic: flat, flip, now, uninflected, casual, throwaway. The Polaroid user, professional as well as amateur, was eager for the unexpected, ever ready to move on to the next thing. (Boston Globe)
Do-Over Dos and Don'ts Mar 8, 2008
Every fan who's demanded ex post facto justice after a referee screwed his team out of a win should be forced to tune in this weekend to see the folly of this idea. Watch Hawks-Heat Part II on Saturday nightit will only take a minuteand you'll see that the old saying is true: You can't put the genie back in the bottle, particularly one as big as. (Slate)
Olbermann: 'Fascist' Bush of Engaging in 'Terrorism' Feb 16, 2008
" You know, like the Gulf of Tonkin Resolution. Or Executive Order 9066. Or The Alien and Sedition Acts. Or slavery. The MSNBC host soon accused the Bush administration of spying on Americans "under this flimsy guise" of seeking out terrorists: It is bad enough, sir, that you were demanding an ex post facto law which could still clear the AT the Verizons from responsibility for their systematic, aggressive and blatant collaboration with your illegal and unjustified spying on Americans under this... (MediaResearch.org)
Reject Benson Feb 12, 2008
The Senator should also already be aware that Ex post facto laws, or laws that are retroactive, are UNCONSTITUTIONAL. This is QUITE CLEAR in the Constitution. So, unless Congress is ready to call a Constitutional Convention and pass a Constitutional Amendment to benefit these ultra-powerful corporations with endless amounts of money and resources, we shouldn't even be TALKING about this. (Boulder Colorado Daily, CO)
CNN Questioner Omits Clinton's Immigrant Flip-Flop Feb 2, 2008
It's bad enough, sir, that you are demanding an ex post facto law which would clear the phone giants from responsibility for their systematic, aggressive, and blatant collaboration with your illegal and unjustified spying on Americans under this flimsy guise of looking for any terrorists who are stupid enough to make a collect call or send a mass email. but when you then demand it again in the State of the Union Address, that Congress retroactively clear the Verizons and the ATou wouldn't even... (MediaResearch.org)
Escaping poor schools Jan 30, 2008
Is this some kind of practical joke, or did someone moderate this blog ex post facto. Has Chaney started a private school company. (Atlanta Journal-Constitution)
FISA: Just Because Congress Blesses It Doesn't Make It Constitutional Jan 30, 2008
President Bush has , first to receive ex post facto approval for taking the in an end-run around FISA laws, and now to assure that phone companies are indemnified for helping the NSA snoop on citizens. And given the way Congress caves on most issues, even a Democrat-controlled Congress facing a lame-duck president will probably give the White House what it wants. (EETimes)
Council to eye sex offender restrictions Jan 29, 2008
Michael Storac wrote on Jan 26, 2008 9:40 AM:" Any legislation that creates residence restrictions for offenders not on parole violate the 1st, 4th, 5th, 8th, and 14th amendments, and the Ex Post Facto clause, of the US Constitution. Look into it. ". Name. (McKinney Courier-Gazette, TX)
29-year-old man accused of killing priest could be tried as juvenile Jan 18, 2008
Sentencing Odomes to no more than seven years if convicted is rooted in a basic provision of the Constitution that bans the enacting of "ex post facto" laws. The phrase is Latin and means, literally, "something done after." Under the ex post facto principal, laws that add severity to punishment can only apply to crimes committed after the law change was enacted. (WWLTV.com, LA)
Young, but 'predators' for life Jan 7, 2008
" Pacult said. Roskee argues that the retroactive nature of Nevada's new laws are in direct violation of a constitutional ban on ex post facto laws - Latin for "from something done after" - or laws that retroactively modify the legal consequences of a crime. For its part, the U.S. Supreme Court has held unconstitutional any laws that "retroactively alter the definition of crimes or increase the punishment for criminal acts. " Asking a sex offender to put his face on the Internet, Roskee said,... (Las Vegas Sun)
Elements, Jets can't delay march Dec 17, 2007
It's easy to say ex post facto you knew this, or knew that, but the one thing the Jets did know was that they were not going to offer themselves up as road kill. No way they were going down by four touchdowns, especially in bad weather. (Boston Globe -- Sports)
Herman: The U.S. Aggression Process Nov 25, 2007
" Notice that Bushs mobilization for World War III is not in response to Iran's actual use or even acquisition of a nuclear weapon, but simply to prevent Iran from having the knowledge of how to build oneknowledge that can be found in every peaceful use of nuclear energy the world over. Note also the transference of responsibility for the planned war from the serial aggressor onto the target, an Orwellian gambit hardly commented upon in the West. Bushs extreme position was... (Zmag.org)
Post-war IraqA 'blame game' has opened up between Britain and the US Oct 29, 2007
The Americans suspect there's some ex post facto rationalisation going on in the "blame game" over Iraq on this side of the Atlantic. The truth is both governments got just about everything wrong in their assumptions as to what would follow the fall of Saddam. (BBC News -- UK)
Roundup: 15 PC backup programs Sep 26, 2007
0), but unlike others of its ilk it offered no opportunity that I could find to add drivers ex post facto, and in my tests it failed to connect to my network. The program has some minor cosmetic and language glitches as well, such as too-tiny text in a dialog box on the disaster recovery disc, but I've never experienced a problem backing up with Genie. (InfoWorld)
Fairview promise Sep 19, 2007
That makes it an ex post facto law and it is unlikely to survive a legal challenge. Should the borough clerk have rejected the proposed initiative as fatally flawed. (Anchorage Daily News)
Blumenthal backs city plan to cut corrupt officials’ pensions Sep 19, 2007
If the Board of Aldermen were to pass the resolution, the committee would consider constitutional issues such as double jeopardy, due process, excessive fines, ex post facto or retroactive provisions and contract law. Language in the resolution also includes consideration for the severity of the crime, the amount of money lost, the degree of public trust violated by virtue of the person s position and potential effects on an innocent spouse or other beneficiary. (New Haven Register, CT)
Mining Reform Needed: Lessons from the Senate Subcommittee Sep 8, 2007
The usual political head-hunters were out doing what they do best at Wednesday's Senate subcommittee hearing on the Crandall Canyon mine collapse - finding fault and who's to blame in classic ex post facto fashion. This time, however, there was a troubling amount of substance in what they discovered. (The Daily Universe, UT)
Japan still honors dissenting war-crimes judge Sep 1, 2007
He rejected the charges of crimes against peace and humanity as ex post facto laws and wrote in a long dissent that they were a "sham employment of legal process for the satisfaction of a thirst for revenge." While he fully acknowledged Japan's war atrocities - including the Nanjing massacre - he said they were covered in the Class B and C trials. "I would hold that each and every one of the accused must be found not guilty of each and every one of the charges in the indictment and should be... (International Herald Tribune)
Chomsky: Culture & Responsibility Aug 17, 2007
So, it was ex post facto. Were now declaring these things you did to be crimes. (Zmag.org)
Lendman: Democracy For the Few Jul 28, 2007
The same thing goes on in many states, it's illegal, but it happens anyway, and if discovered ex post facto it's too late to matter - case closed. In addition, 4. (Zmag.org)
Fired London Traders Try to Use U.K. Whistle-Blower Law to Win Big Payout Jun 19, 2007
The claims are usually constructed ``ex post facto,'' or after the event, Herbert Smith's Leaver said, with lawyers quizzing their client to identify something that could be interpreted as a criticism of the employer's conduct. Most whistle-blower claims Leaver has seen are from people ``motivated by trying to line their pockets, rather than highlighting any alleged wrongdoing,'' he said. (Bloomberg)
City releases details of Cabela's agreement: $2 million and visitor center land Jun 16, 2007
john wrote on Jun 15, 2007 9:53 PM:" It happens that we know what Sydney gave Cabelas: Not one dime. Cabelas is trying to remedy that now. They have gone the Nebraska legislature to ask, ex post facto, for some incentives! This is not a modest company! Their lack of modesty is one factor Rapid City should consider, before any shotgun wedding. "Citizen T" has the chronology a bit confused: Kookier, along with the other Alderpersons, will be pressured THIS COMING MONDAY to vote blind. From... (Rapid City Journal, SD)
Bill would define residency requirements Jun 6, 2007
"I don't agree with his conclusion that it would change the law ex post facto," Neigher said. "I think that is a doubtful legal conclusion that you can, after the fact, change what we had believed to have been the rules at the time that they moved in.". (Greenwich Time)
Bush blow as US judge throws out terror case at tribunal Jun 5, 2007
Although redrawing the process smacks of ex post facto legislation. Bill, Dunblane / 6:12am 5 Jun 2007. (Scotsman)
Thai ruling may trigger political shift Jun 1, 2007
The ruling enforced an ex post facto law dictated by the junta that stripped the voting rights from executive members of dissolved parties for five years, meaning they can't run for public office. The previous punishment said executive members were banned from forming a new party or sitting on a leadership board, but they could still run for office. (Christian Science Monitor -- World)
Thaksins Party's Over in Thailand May 31, 2007
While Thaksin can justly be blamed for interfering with independent constitutional bodies during his tenure, the rulers that replaced him have gone even further by overthrowing an elected government, manipulating the justice system, rewriting the constitution, sending soldiers to television stations and enforcing ex post facto laws. Now they've wiped Thaksin's party off the map and banned 111 of the Party s executive members from running in an election for five years the harshest possible... (Asia Sentinel)
Peterson fails to file as sex offender May 22, 2007
Ex Post Facto wrote on May 21, 2007 9:46 AM:" His initial crime was most likely committed before the requirement for him to register. So they pass a new law and then apply it to him? Sounds like a classic ex post facto law or retroactive law, that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. I would also think that while incarcerated he is a ward of the state and they should have his... (Chippewa Falls Chippewa Herald, WI)
'Campaigns for Games bid should be scientific' May 20, 2007
No, ex post facto, I think our confidence in ourselves was highly misplaced. The scientific manner in which the Koreans had gone about their campaign, and the finesse they had exhibited, edged us out. (Business Standard)
Ida Russakoff Hoos, 94; sociologist May 7, 2007
"There is nothing magic or scientific about it. It is almost always an ex post facto justification of a position already taken.". Dr. Lynn R. Goldman, now a professor of environmental health sciences, health policy and management for the Johns Hopkins Bloomberg School of Public Health in Baltimore, worked as an undergraduate for Hoos in California. (Los Angeles Times)
* Why Celil doesn't stand a chance Apr 27, 2007
After all, although it came ex post facto and after years of denial, Canadian authorities did come clean on the Arar case, setting a precedent in the international campaign against terrorism which aside from the awarding of reparations worth approximately US$10 million to Arar and an admission of guilt on the role government agencies played in his deportation, forced the chief of the Royal Canadian Mounted Police -- Canada's equivalent of the FBI, loosely put -- to step down. Just as the promise... (Taipei Times, Taiwan -- World)
Our Houses, Ourselves: Apr 20, 2007
America's love affair and disenchantment with suburbia. - Compiled by Adam Christian - Slate Magazine. (Slate)
The audience, too, is to blame Apr 16, 2007
thomas wrote on April 14, 2007 9:54 PM:"The hypocrisy and gutlessness demonstrated by MSNBC and CBS in firing Don Imus is appalling. What is even more revolting is that people like Al Sharpton are claiming credit for the Iman's ouster. All in all, it was not a good week for the first amendment. Now, obviously most of us would agree that the I Man's utterance of the "three dirty words" you can't say on television are, as a general rule, socially unacceptable, particularly if they are expressed... (Albany Democrat-Herald, OR)
Blue Americans: Apr 8, 2007
"The way to beat this is to be paranoid, and carry false images in your head, to deliberately fool the machines. Mutter constantly about all kinds of nonsense. That way, they can't "see" your mind. if you don't want them to "see" you thinking about a cow, then force yourself to imagine a chicken instead, while waving your arms about wildly. Oh, and possibly tinfoil hats help, too.They can even tell which finger you're about to move.Probably not, if I'm alternating with my mind: left, right,... (Slate)
Sex offenders' wives rap bill Apr 5, 2007
If you can support legislation that violates constitutional law that prohibits ex post facto (after the fact)laws to be enacted not only on the State level, but Federal as well, then you will have no one to blame but yourselves if your own rights are infringed upon. So go ahead, make your judgments, but in light of all the comments I've read, please don't be expecting me, or anyone else for that matter, to come to YOUR defense when a right that you hold dear, or the constitution that we cherish... (Casper Star-Tribune, WY)
The Talking Cure: Mar 31, 2007
Mandelstam's insistence that survival was accidental, purely by chance, becomes meaningless if we insist on creating an ex post facto saints' lives hierarchy out of the literary ruins. Commentary on , from by MarkEHaag, in the. (Slate)
Pro-Gay Bullies Pick Up the Pace Mar 27, 2007
And fortunately for him, if HR 1592 does become law and is wielded as similar laws have been, he cant legally be charged with any crime after the fact (ex post facto). A couple of days after making his comments to the Tribune, General Pace said that perhaps he should have focused more on [his] support of the policy and less on [his] personal moral views. (Townhall.com)
'How can you have a life? Mar 20, 2007
pass any Bill of Attainder; (or) ex post facto law. " A Bill of Attainder is an act of a legislature to inflict capital punishment on a person supposed to be guilty of "high crimes" such as treason or felony without a conviction by the regular judicial system. If the act inflicts a non-capital punishment it is a "Bill of Pains and Penalties" but it is also prohibited by Art. 1, Sec. 10 of the US Constitution. An ex post facto law is one which is passed after the commission of an act which... (Casper Star-Tribune, WY)
YAT race stirs quiet controversy Mar 12, 2007
"Every year we go through conversations ex post facto with candidates, and there are changes that we make to the system," Rowley said. She added that the association would take candidates' suggestions into account before making any further changes to the election process. (The Daily Princetonian, NJ)
Extreme Nationalism and Resources Mar 9, 2007
Anglo-Saxon jurisprudence has, in its criminal law, a prohibition on such ex post facto legislative fiats, but it is only in the fantasies of Tom Friedman and Henry Paulson that such liberal niceties are part of the level playing field they believe is being actively encouraged by progressive businessmen in the Middle Kingdom (Chinas long used and ancient traditional name for itself as the place between earth and heaven) and the Rodina, the Russian descriptive word for their homeland. The two... (Ocnus.net)
SoundExchange Forces Webcasters to Pay Royalties Mar 7, 2007
Can someone explain how they reconcile that with the Ex Post Facto clause in the Constitution ... This of course would fall under Ex Post Facto if no payments were ever defined in the past and the webcasters could never have known that they were due. (DailyTech)
Doubts Rise as States Hold Sex Offenders After Prison Terms Mar 5, 2007
The court also rejected the notion that civil commitment amounted to double jeopardy (a second criminal punishment for a single crime) or an ex post facto law (a new punishment for a past crime), noting that Kansas;s statute was not meant to punish committed men but, like other acceptable civil commitment statutes, intended ;both to incapacitate and to treat; them therapeutically. We have never held that the Constitution prevents a state from civilly detaining those for whom no treatment is... (Foster's Daily Democrat)
Released prisoners perpetually under watch Mar 4, 2007
The court also rejected the notion that civil commitment amounted to double jeopardy (a second criminal punishment for a single crime) or an ex post facto law (a new punishment for a past crime), noting that Kansas' statute was not meant to punish committed men but to treat them therapeutically. "By furnishing such treatment, the Kansas Legislature has indicated that treatment, if possible, is at least an ancillary goal of the act, which easily satisfies any test for determining that the act is... (Rutland Herald)
Growing calls in Australia for terror suspect's return Mar 3, 2007
The United States Constitution prohibits ex post facto laws, but in light of recent laws passed by Congress and various court rulings, it is not certain that Hicks will be afforded that protection. The next probable step is that the United States government will try to get Hicks to plead guilty to this single charge, in exchange for a sentence of time served. (International Herald Tribune)
Bush, Iran, Syria Talks Stunning Flip Mar 2, 2007
And then there was that little mistake about Iraq's "program." The other issue is that the Nuclear Non-Proliferation Treaty permits states to have civilian nuclear research programs, and the current Bush administration/ UN Security Council threats of economic boycott are in essence an ex post facto repeal those provisions of the treaty, and imposes on signatory states new limitations that they never agreed to. ---------------------------------------- http://www. (Bayou Buzz)
Rescinding the Bush Doctrine Mar 1, 2007
Advertising the war as an effort to topple a brutal dictator and liberate an oppressed people, it no doubt counted on battlefield success to endow the enterprise with a certain ex post facto legitimacy. Elated Iraqis showering American soldiers with flowers and candies would silence critics who condemned the war as morally unjustified and patently illegal. (Boston Globe)
A very confusing ruling Feb 21, 2007
Written by Richard Marmaro of Skadden Arps Slate Meagher Reyes's motion may be the most skillful formulation to date of the point-of-view--popular in Silicon Valley--which regards most options backdating as having been a victimless pecadillo that's been demonized by ex post facto moral indignation ... I think Marmaro's motion goes far toward explaining what people in Silicon Valley have been trying to tell us when they've protested that there's something trumped up and ex post facto about the... (CNN -- Money)
McGwire Hardly One-Dimensional Feb 21, 2007
While not wishing to nominate McGwire for an ex post facto Golden Glove (although he did win a real one in 1990 when he only hit. 235 with 39 home runs, so he may not have earned it entirely with his bat), his career numbers do seem to bear out an assertion that he wasnt Dick Stuart in the field. (St. Louis, TheInsiders.com)
Letters to the Editor Feb 9, 2007
Any attempt to strip it of its ownership or force it out by changing zoning codes is the moral equivalent of ex post facto lawmaking. If the neighbors who have fought every development proposal put forth for the Armory don't like the result, they have no one to blame but themselves. (San Francisco Chronicle)
Privatization of Jakarta water: How far can it go? Feb 5, 2007
Considering the nature their contracts, it is difficult for the contracting parties to specify every ex post facto contingency. Consequently, continuous negotiations on the making of adjustments following unexpected ex post facto events, and haggling over disagreements, leads to rampant uncertainty. (Jakarta Post, Indonesia -- Editorial)
Wooten: Iraq debate over? Jan 19, 2007
The announcement of using the FISA court for wiretap warrants (even ex post facto) is the sensible, reasonable thing to do. I do not mean to insult anyone s beliefs, but the extremist positions on Iraq are about t 0000067C o be left behind, too. (Atlanta Journal-Constitution)
No Pensions for Convicts? Jan 18, 2007
"Generally the feeling is a retroactive bill, in effect an ex post facto law ... is an additional penalty" and is not appropriate, House said. Hoyer Communications Director Stacey Bernards told FOX News the House bill will apply only to crimes committed after Congress passes the law. (Fox News -- Politics)
