SPIKES

v.

OHIO

Citator

Cited By

• NEW England Baptist Hosp. v. United States, 807 F.2d 280 (1st Cir. 1986)
  …axes on the salary reduction annuity plans. Justice White has warned about the difficulty the courts face “in discerning the difference between permissible curative legislation and unconstitutionally retroactive legislation.” Van Emmerik v. Janklow, 454 U.S. 1131, 1132, 102 S.Ct. 986, 987, 71 L.Ed.2d 285 (1982) (White, J., dissenting from dismissal of appeal). As he said, “the lower courts are in conflict, and the Court’s prior cases fail to furnish adequate guidance.” Id. at 1134, 102 S.Ct. at 988. Given t…
• Equal Emp. Opportunity Comm'n v. Westinghouse Elec. Corp., 765 F.2d 389 (3d Cir. 1985)
  …of which have been given retroactive effect despite due process challenges.3 The two cases relied upon by Westinghouse, Forbes Pioneer Boat Line v. Board of Commissioners, 258 U.S. 338, 42 S.Ct. 325, 66 L.Ed. 647 (1922) and Van Emmerik v. Janklow, 454 U.S. 1131, 102 S.Ct. 986, 71 L.Ed.2d 285 (1982), cast no doubt on the result we reach today. Forbes involved an attempt by a state legislature to ratify retroactively a canal tax that the state had collected in error, and that plaintiff had sought to recover…