Turning Back the Clock: The California Supreme Court's Decision in McClung v. Employment Development Department and the Difficulty of Determining Legislative Intent in Retroactive Rulemaking

Abstract

Against the backdrop of McClung, this note will explore the principle of retroactivity, tracing its development at the national level in the U.S. Supreme Court and at the state level with respect to California courts. Part II of this note addresses the history and development of jurisprudence on retroactivity, focusing on the traditional roles of the Judicial and Legislative Branches and the major cases of both the U.S. Supreme Court and California courts on retroactivity. Part III sets out the facts of McClung. Part IV analyzes and critiques the court's opinions in McClung, with a separate analysis of the history of the amendment at issue. Part V addresses the legal and social impact of McClung and Part VI briefly concludes the note.