Is there evidence ex post facto also applies to civil (copyright-related)?

Kadmos1

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Jul 4, 2017
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Note: I get that most people here are probably not lawyers, but I think there are enough people who are legal experts (they know enough about the law but are not the people to be for asking legal advice when that is a lawyer's job) that could answer this. It is also possible to not be a lawyer and have a better understanding of how the Constitution is supposed to work than SCOTUS.

Assistant Prof. of Law Evan C. Zoldan at the University of Toledo College of Law wrote a nearly 60-page research paper called "The Civil Ex Post Facto Clause"* on 7/23/14 but revised it nearly 16 months later. On its Social Science Research Network page, the Abstract says the following (papers.ssrn.com/sol3/papers.cfm?abstract_id=2469141)

Since its first interpretation of the Ex Post Facto Clause in Calder v. Bull, the Supreme Court consistently has held that the clause applies only to retroactive criminal, but not civil, laws. The consequences of this distinction are far-ranging, permitting, for example, states to keep offenders behind bars after they have served their sentences. The Court’s distinction between civil and criminal retroactivity is based wholly on Calder’s historical conclusion that the original meaning of the Ex Post Facto Clause included criminal laws only. This article demonstrates that Calder’s historical analysis is wrong.

The way I would want to go down is something like this: a number of legal experts find evidence that the Framers intended for ex post facto to include civil decisions. After testifying before Congress, 2/3 Congress agrees that civil should apply. When this goes to SCOTUS, all of those old folk agree that SCOTUS was wrong in Calder. Thus, ex post facto applies to criminal and civil. Eventually a SCOTUS judge is impeached, as are any current Congress member who agreed with CTEA to go in effect on 10/27/98. The major news outlets (CNN, Fox News, etc.) report this. The House of Mouse loses the copyright to all their works that would have expired after a collective 56 years (under the 1909 Copyright Act) had the 1976 Copyright Act and CTEA not given them a respective 19 and 20-year extension.

The major news outlets (CNN, Fox News, etc.) report this. The House of Mouse loses the copyright to all their works that would have expired after a collective 56 years (under the 1909 Copyright Act) had the 1976 Copyright Act and CTEA not given them a respective 19 and 20-year extension.

Note: The 1st 5 Mickey shorts are (with their original release dates) are: Plane Crazy (5/15/28), Steamboat Willie (11/18/28), The Gallopin' Gaucho (12/30/28), The Barn Dance (3/14/29), and The Opry House (3/28/29). For Plane Crazy, a theater audience saw the test screening of the silent version on this date but the short didn't find a film distributor. Then, it was re-released as a sound version on 3/17/29.
 

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