Article:
Stephen R. Munzer, A Theory of Retroactive Legislation,
61 TEXAS L. REV. 425 (1982).
Abstract:
Prof. Munzer critiques existing jurisprudence about retroactive
legislation and when it is justifiable. Current doctrine holds
that retroactivity is usually undesirable because it is contrary
to the rule of law to change legal rules when parties may have
justifiably relied upon them. Munzer posits that retroactive
statutes affecting property, contracts, and taxation are more
often justifiable than current legal opinion accepts, but that
retroactive statutes dealing with limitations periods and
criminal procedure are less often justifiable than is currently
accepted.