vartelas holder attorney general argued january decided march passage illegal immigration reform immigrant responsibility act iirira immigration law provided deportation hearings excludable aliens already entered exclusion hearings excludable aliens seeking entry lawful permanent residents regarded making entry upon return innocent casual brief excursion outside country borders rosenberg fleuti iirira congress abolished distinction exclusion deportation procedures creating uniform removal proceeding see congress made admission key word defined admission mean lawful entry alien inspection authorization immigration officer alteration board immigration appeals bia determined superseded fleuti thus lawful permanent residents returning trip abroad regarded seeking admission committed offense identified section including relevant crime involving moral turpitude conspiracy commit crime petitioner vartelas lawful permanent resident since pleaded guilty felony conspiring make counterfeit security served prison sentence years conviction even iirira passage vartelas regularly traveled greece visit aging parents vartelas returned trip greece immigration officer classified alien seeking admission based conviction vartelas removal proceedings attorneys conceded removability requested discretionary relief former immigration nationality act immigration judge denied request relief ordered vartelas removed greece bia affirmed vartelas filed bia timely motion reopen removal proceedings alleging previous attorneys ineffective among lapses conceding removability sought withdraw concession removability ground iirira new admission provision reach back deprive lawful resident status based conviction bia denied motion second circuit affirmed rejecting vartelas argument iirira operated prospectively therefore govern case second circuit reasoned relied prior legal regime time committed disqualifying crime held impact vartelas brief travel abroad permanent resident status determined iirira legal regime force time conviction pp principle retroactive legislation invoked vartelas courts read laws prospective application unless congress unambiguously instructed retroactivity see landgraf usi film products presumption retroactive legislation embodies legal doctrine centuries older republic numerous decisions invoked justice story formulation determining law retrospective application collide doctrine namely relevant application attac new disability respect transactions considerations already past society propagation gospel wheeler cas see ins cyr hughes aircraft ex rel schumer landgraf vartelas urges applying iirira attach new disability effectively ban travel outside respect past events specifically offense guilty plea conviction punishment occurring prior iirira passage congress expressly prescribe temporal reach therefore proceeds dispositive question whether application iirira travel restraint vartelas retroactive effect congress authorize see vartelas presents firm case application antiretroactivity principle beyond genuine doubt restraint lawful permanent residents like vartelas ranks new disability able journey abroad fulfill religious obligations respond family emergencies face potential banishment severe sanction see padilla kentucky government suggests vartelas avoided adverse consequences simply stayed home losing ability travel abroad harsh penalty made devastating means enduring separation close family members rejected arguments retroactivity similar cases see chew heong cyr cases loss stake less momentous see landgraf hughes aircraft pp finds disingenuous government argument retroactive effect involved case relevant event alien return vartelas return occasioned treatment new entrant reason new disability conviction past misconduct wrongful activity targeted pp determining change iirira wrought retroactive effect second circuit homed words committed offense reasoned reliance prior law essential application antiretroactivity principle vartelas commit crime reliance immigration laws reasoning doubly flawed party required show reliance prior law structuring conduct see landgraf event vartelas likely relied immigration law likelihood strengthens case reading newly enacted law prospectively cyr illustrative lawful permanent resident pleaded guilty criminal charge made deportable immigration law effect convicted eligible apply waiver deportation removal proceeding commenced iirira withdrew dispensation disallowance discretionary waivers attached new disability past conduct aliens like cyr almost certainly relied upon th likelihood receiving discretionary relief deciding plead guilty thereby forgo ing right trial applying iirira withdrawal cyr obvious severe retroactive effect congress made intention plain prior law governed cyr case vartelas case least clear cyr declining apply new law retroactively cyr seek attorney general discretionary dispensation vartelas fleuti free without seeking official permission make short trips see assist parents greece second circuit compounded initial misperception antiretroactivity principle holding otherwise fleuti continues govern vartelas travel pp reversed remanded ginsburg delivered opinion roberts kennedy breyer sotomayor kagan joined scalia filed dissenting opinion thomas alito joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press panagis vartelas petitioner eric holder attorney general writ certiorari appeals second circuit march justice ginsburg delivered opinion panagis vartelas native greece became lawful permanent resident pleaded guilty felony conspiring make counterfeit security served prison sentence four months offense vartelas traveled greece visit parents return week later treated inadmissible alien placed removal proceedings law governing time vartelas plea alien situation travel abroad brief periods without jeopardizing resident alien status see ed construed rosenberg fleuti congress enacted illegal immigration reform immigrant responsibility act iirira stat act effectively precluded foreign travel lawful permanent residents conviction like vartelas iirira aliens return sojourn abroad however brief may permanently removed see case presents question retroactivity addressed congress lawful permanent resident convicted crime effective date iirira regime governs one force time conviction iirira former vartelas brief trip abroad disturb lawful permanent resident status latter may denied reentry conclude relevant provision iirira attached new disability denial reentry respect past events vartelas offense plea conviction guided deeply rooted presumption retroactive legislation hold apply vartelas conviction impact vartelas brief travel abroad permanent resident status therefore determined iirira legal regime force time conviction iirira passage immigration law established two types proceedings aliens denied hospitality deportation hearings exclusion hearings landon plasencia exclusion hearings held certain aliens seeking entry deportation hearings held certain aliens already entered country see ibid regime entry defined coming alien foreign port place statute however provided exception lawful permanent residents aliens lawfully residing regarded making entry departure foreign port place intended reasonably expected presence foreign port place voluntary ibid interpreting cryptic provision held fleuti congress intend exclude aliens long resident upon return innocent casual brief excursion outside country borders instead determined congress meant rank resident new entrant foreign excursion meaningfully interrupt ed alien residence absent disrupti alien residency alien subject consequences country return iirira congress abolished distinction exclusion deportation procedures created uniform proceeding known removal see judulang holder slip congress made admission key word defined admission mean lawful entry alien inspection authorization immigration officer alteration board immigration appeals bia determined superseded fleuti see en banc thus lawful permanent residents returning like vartelas may required admission without regard whether alien departure might previously ranked casual innocent fleuti doctrine alien seeking admission subject various requirements see gain entry deemed inadmissible numerous grounds set immigration statutes see iirira lawful permanent residents regarded seeking admission fall six enumerated categories relevant fifth categories covers aliens ha committed offense identified section title offenses category include crime involving moral turpitude purely political offense attempt conspiracy commit crime sum iirira lawful permanent residents committed crime moral turpitude fleuti doctrine return brief trips abroad without applying admission iirira residents subject admission procedures potentially removal grounds panagis vartelas born raised greece resided years originally admitted student visa issued vartelas became lawful permanent resident currently lives new york area works sales manager roofing company vartelas opened auto body shop queens new york one business partners used shop photocopier make counterfeit travelers checks vartelas helped partner perforate sheets individual checks vartelas sell checks receive money venture pleaded guilty conspiracy make possess counterfeit securities violation sentenced four months incarceration followed two years supervised release vartelas regularly traveled greece visit aging parents years conviction even passage iirira return visits remained uneventful january however vartelas returned trip greece immigration officer classified alien seeking admission officer based classification vartelas conviction see ex rel volpe smith counterfeiting ranks crime moral turpitude vartelas removal proceedings initial attorney conceded removability requested discretionary relief removal former immigration nationality act ina see ed repealed attorney twice failed appear hearings failed submit requested brief vartelas engaged new attorney continued concede removability request discretionary relief immigration judge denied request relief ordered vartelas removed greece bia affirmed immigration judge decision july vartelas filed bia timely motion reopen removal proceedings alleging previous attorneys ineffective among lapses conceding removability sought withdraw concession removability ground iirira new admission provision codified reach back deprive lawful resident status based conviction bia denied motion declaring vartelas prejudiced lawyers performance legal authority prevented application iirira vartelas conduct appeals second circuit affirmed bia decision agreeing vartelas failed show prejudiced attorneys allegedly ineffective performance rejecting vartelas argument iirira operated prospectively therefore govern case second circuit reasoned relied prior legal regime time committed disqualifying crime see ruling second circuit created split two circuits fourth ninth circuits held new may applied lawful permanent residents committed crimes listed among crimes moral turpitude prior iirira enactment see olatunji ashcroft camins gonzales granted certiorari resolve conflict among circuits ii earlier explained see supra resident alien committed crime moral turpitude travel abroad short durations without jeopardizing status lawful permanent resident iirira return foreign travel alien treated new arrival shores may removed vartelas question congress authority restrict reentry manner contend congress retroactively instead invokes principle retroactive legislation courts read laws prospective application unless congress unambiguously instructed retroactivity see landgraf usi film products presumption retroactive legislation recalled landgraf embodies legal doctrine centuries older republic several provisions constitution noted embrace doctrine among ex post facto clause contract clause fifth amendment due process clause numerous decisions repeat classic formulation justice story penned determining retrospective application law collide doctrine story stated application tak away impai vested rights acquired existing laws creat new obligation impos new duty attac new disability respect transactions considerations already past society propagation gospel wheeler cas cc nh see ins cyr invoking story formulation hughes aircraft ex rel schumer landgraf vartelas urges applying iirira rather law existed time conviction attach new disability effectively ban travel outside respect events already past offense guilty plea conviction punishment occurring prior passage iirira evaluating vartelas argument note first matter disputed government congress expressly prescribe temporal reach iirira provision question see landgraf asks first whether congress expressly prescribed new proper reach brief respondent holding ins cyr compels conclusion congress prescribed statute proper quoting landgraf several provisions iirira contrast expressly direct retroactive application iirira amendment aggravated felony definition applies expressly conviction entered statute enactment date internal quotation marks omitted see cyr setting examples accordingly proceed dispositive question whether vartelas maintains application iirira travel restraint retroactive effect congress authorize see landgraf vartelas presents firm case application antiretroactivity principle neither sentence immigration law effect convicted sentenced blocked occasional visits parents greece current applied thus attach new disability conduct done well provision enactment beyond genuine doubt note restraint places lawful permanent residents like vartelas ranks new disability able journey abroad fulfill religious obligations attend funerals weddings family members tend vital financial interests respond family emergencies permanent residents situated vartelas face potential banishment several times recognized severity sanction see padilla kentucky slip answer say government suggests vartelas avoided adverse consequences simply stayed home residence years prior visit parents greece see brief opposition vartelas avoided application statute refrain ing departing returning post loss ability travel abroad harsh made devastating means enduring separation close family members living abroad see brief asian american justice center et al amici curiae describing illustrative cases rejected arguments retroactivity similar cases cases loss stake less momentous chew heong pathmarking decision confronted chinese restriction act barred chinese laborers reentering without certificate issued departure held reentry bar inapplicable aliens left country prior act passage tried return afterward without certificate act text observed clear positive leave room doubt retroactive application intention legislature landgraf question whether amendment title vii ban employment discrimination authorizing compensatory punitive damages applied conduct held doubt complaint employer charged discrimination violated act time occurred compensatory punitive damages available remedies later provision damages determined operated prospectively apply employers whose discriminatory conduct occurred prior amendment see hughes aircraft held provision removing affirmative defense qui tam suits apply fraud landgraf provision attached new disability past wrongful conduct therefore apply retrospectively unless congress clearly manifested intention hughes aircraft recently cyr took case alien entered plea deportable offense time plea alien eligible discretionary relief deportation iirira enacted entry plea removed eligibility held iirira provision point applied alien attached new disability guilty plea congress instructed result iii government echoed part dissent argues retroactive effect involved case legislature attached disability past conduct rather made relevant event alien act returning see brief respondent post find argument disingenuous vartelas return occasioned treatment new entrant reason new disability imposed lawful foreign travel indeed conviction offense qualifying one moral turpitude past misconduct words present travel wrongful activity congress targeted government observes lower courts upheld racketeer influenced corrupt organizations act prosecutions encompassed conduct see brief respondent citing brown campanale per curiam prosecutions depended criminal activity act racketeering occuring provision effective date section contrast require showing criminal conduct postdating iirira enactment gonzales featured government dissent brief respondent post similarly inapposite case involved iirira addition provides alien reenters removed removed removal order held provision applied alien reentered illegally iirira enactment explaining decision said conduct remaining country predicate action statute applies stop indefinitely continuing violation therefore alien choice continue illegal presence effective date new la subjects new legal regime past act helpless undo emphasis added vartelas several times stressed engaged criminal activity iirira passage simply took brief trip greece anticipating return without incident past visits parents indefinitely continuing crime occurred instead vartelas apprehended crime helpless undo ibid government refers lower decisions cases involving prohibits possession firearms convicted felons brief respondent citing pfeifer hemmings ongstanding prohibitions possession firearms felons district columbia heller however target present danger danger posed felons bear arms see pfeifer hazardous conduct statute targets occurred enactment statute omnibus crime control safe streets act stat noting hazards involved felons possess firearms recidivism sentencing enhancements support government position enhanced punishment imposed later offense viewed additional penalty earlier crimes instead penalty latest crime considered aggravated offense repetitive one witte quoting gryger burke vartelas case however aggravated repetitive offense contrast criminal offense vartelas travel abroad return innocent acts see fleuti burdened offense sum vartelas brief trip abroad involved criminal infraction iirira disabled leaving returning lawful permanent resident new disability rested continuing criminal activity single crime committed years iirira enactment antiretroactivity principle instructs application new proscription render vartelas arrival country gateway iv second circuit homed words committed offense determining change iirira wrought retroactive effect matters vartelas may relied prospect continuing visits greece deciding plead guilty reasoned border absurd observed suggest vartelas committed counterfeiting crime reliance immigration laws reasoning doubly flawed government acknowledges th required party challenging application statute show relied prior law structuring conduct brief respondent landgraf example issue retroactivity compensatory punitive damages remedies employment discrimination oncerns upsetting expectations attenuated case intentional employment discrimination noted discrimination unlawful generation ven conduct question morally reprehensible illegal added degree unfairness inherent whenever law imposes additional burdens based conduct occurred past hughes aircraft found congress removal defense qui tam action apply conduct light presumption retroactivity landgraf relevant conduct submitting false claim unlawful decades see operative presumption congress intends laws govern prospectively see supra strange third circuit commented arises showing actual reliance ponnapula ashcroft essential inquiry stated landgraf whether new provision attaches new legal consequences events completed enactment occurred event vartelas likely relied immigration law presumption retroactive application statutes require showing detrimental reliance see olatunji reasonable reliance noted among familiar considerations animating presumption see landgraf presumption reflects familiar considerations fair notice reasonable reliance settled expectations although necessary predicate invoking antiretroactivity principle likelihood reliance prior law strengthens case reading newly enacted law prospectively see olatunji discussing cyr cyr illustrative case involved lawful permanent resident pleaded guilty criminal charge made deportable immigration law effect convicted eligible apply waiver deportation removal proceeding commenced congress iirira withdrew dispensation disallowance discretionary waivers recognized attache new disability respect transactions considerations already past internal quotation marks omitted aliens like cyr observed almost certainly relied upon th likelihood receiving discretionary relief deciding plead guilty thereby forgo ing right trial hence applying iirira withdrawal cyr obvious severe retroactive effect ibid congress made intention plain held prior law permitting relief deportation governed cyr case retroactivity one might think vartelas case even easier cyr cyr seek attorney general discretionary dispensation vartelas fleuti free without seeking official permission make trips short duration see assist parents second circuit thought otherwise compounding initial misperception treating reliance essential application antiretroactivity principle deportation provision involved cyr referred alien convict ion crime statutory words sub judice vartelas case committed offense see supra practical difference far retroactivity concerned escapes grasp ordinarily determine whether clear convincing evidence alien committed qualifying crime immigration officer border check alien records conviction call session piepowder entertain plea conduct trial satisfied vartelas case least clear cyr declining apply new law retroactively hold fleuti continues govern vartelas travel reasons stated judgment appeals second circuit reversed case remanded proceedings consistent opinion ordered scalia dissenting panagis vartelas petitioner eric holder attorney general writ certiorari appeals second circuit march justice scalia justice thomas justice alito join dissenting part illegal immigration reform immigrant responsibility act iirira congress required lawful permanent residents committed certain crimes seek formal admission return abroad case presents straightforward question statutory interpretation statute apply lawful permanent residents like vartelas committed one specified offenses traveled abroad proper approach determining statute temporal application answer yes text contain clear statement answering question presented correct case governed longstanding interpretive principle absence contrary indication statute construed retroactive application see landgraf usi film products operative provision text provision specifies act prohibits prescribes says lawful permanent residents convicted offenses similar vartelas must seek formal admission return abroad since vartelas returned statute effective date application text reentry give statute retroactive effect determining whether statute applies retroactively concern statute actual operation regulated parties retroactivity abstract concept substitute fairness concerns impossible decide whether statute application retrospective prospective without first identifying reference point moment time statute effective date either subsequent antecedent otherwise obvious question retroactive reference remains unanswered view identity reference point turns activity statute intended regulate given regulated party reference point retroactivity event moment party statute forbids fails requires see martin hadix scalia concurring part concurring judgment landgraf supra scalia concurring judgments identified reference point retroactivity analysis simple person engaged primary regulated activity statute effective date statute application retroactive person engages primary regulated activity statute effective date statute application prospective latter case interpretive presumption retroactivity bar statute application commonsense approach relatively easy case although class aliens affected defined respect past crimes regulated activity reentry terms statute controlling admission border specifies six criteria identify lawful permanent residents subject formal admission procedures relate circumstances departure trip reentry titles statutory sections containing confirm focus admission rather crime provision located within title iii iirira inspection apprehension detention adjudication removal inadmissible deportable aliens subtitle revision procedures removal aliens treating persons present without authorization admitted stat specific subsection iirira issue entitled defined amendment definition entry general definitions section immigration nationality act ina see ante original provision told border officials regulate admission punish crime amendment well section thus retroactive effect vartelas reference point vartelas readmission trip abroad occurred years statute effective date although vartelas change fact prior conviction avoided entirely consequences simply remaining left remaining greece effect vartelas performed activity clear indication statute application purely prospective see gonzales retroactive effect statute question operate completed preenactment act instead turned failure take timely action avoided application new law altogether ii avoids conclusion insisting ast misconduct present travel wrongful activity congress targeted ante assertion however basis statute text structure pretend otherwise instead simply asserts vartelas lawful foreign travel surely reason disability imposed ibid emphasis added reason prohibition nothing whether prohibition applied past rather future act may relevant legal inquiries example whether legislative act violates one ex post facto clauses article see smith doe one due process clauses fifth fourteenth amendments see williamson lee optical takings clause fifth amendment see kelo new london obligation contracts clause article see trust new jersey direct bearing upon whether statute retroactive failure differentiate question whether giving certain effect provision make retroactive hence presumptively unintended validity question whether giving certain effect provision unlawful full display attempts distinguish similar statutes take example discussion racketeer influenced corrupt organizations act rico act targets patterns racketeering expressly defines patterns include conduct see courts interpreting rico therefore need consider presumption retroactivity instead cases cited majority consider whether rico violates ex post facto clause see brown campanale per curiam government recognized distinction cited rico make point ex post facto clause rather presumption retroactivity brief respondent evidently confident assertion congress surely meant statute apply vartelas whose foreign travel subsequent return innocent events ante simply begs question presented case ignorance course excuse ignorantia legis neminem excusat return entirely lawful statute us render unlawful since iirira effective date lawful permanent residents committed crimes moral turpitude forbidden leave return without formally seeking admission see result vartelas numerous trips abroad uneventful reentries passage iirira see ante lawful apply course precisely matter dispute circular reasoning betrays underlying concern believes reentry brief trip abroad lawful decline apply statute clearly provides otherwise certain criminal aliens instinct likely produced questionable statutory interpretation rosenberg fleuti test retroactivity asking whether statute creates new disability respect past events invites focus fairness understandably since derived justice story opinion interpreting provision new hampshire constitution forbade retroactive laws provision comparable federal constitution ex post facto prohibition bearing relation presumption retroactivity unfair irrational hence forbidden nothing whether applying statute particular act prospective thus presumptively intended retroactive thus presumptively unintended latter question new disability respect past events test provides meaningful guidance imagine countless laws like impose new disabilities related past events yet operate retroactively example statute making persons convicted drug crimes ineligible student loans see laws prohibiting convicted sex crimes working certain jobs involve repeated contact minors see cal penal code ann west supp laws prohibiting previously committed mental instability purchasing guns see concedes consider last two laws inapplicable convictions commitments ante deny statutes impose new disability respect past events distinguishes based reason enactment statutes address dangers arise postenactment ante much test become test guarding future danger reason congress may wish regulate future action light past events obviously must invent yet another doctrine address first example law making persons convicted drug crimes ineligible student loans according statute differs prospective thrust ante imagine means statute regulates conduct course rather reconciling distinctions justice story formulation retroactivity leaves lower courts unenviable task identifying anyway doubt intended guard dangers arise postenactment aliens midst shown proclivity crime must rejected purpose simply congress sought achieve possible means ferreting dangerous aliens going expensive lengthy process deporting least danger readily eliminated forcing lawful permanent residents committed certain crimes undergo formal admission procedures borders indeed limiting criminal aliens opportunities travel return may encourage irrelevant positing legislative purpose always slippery enterprise compared simple determination whether statute regulates future event rather pronouncement reason governs whether statute retroactive effect finally avoid observing even concern fairness rationality applying vartelas relevant statutory interpretation question concern greatly exaggerated disregard federal statute convicted criminal vartelas repeatedly traveled greece without ever seeking formal admission country borders finally unlucky enough apprehended sought discretionary relief removal former ina ed immigration judge denying application found vartelas made frequent trips greece remained long periods time serious tax evader offered testimony close incredible shown hardship estranged wife children removed see brief respondent internal quotation marks omitted decrying harsh penalty imposed statute vartelas ignores inconvenient facts ante never mind sensible approach presumption retroactivity factual subtleties irrelevant temporal application case raises question statutory interpretation broader questions frustrated expectations fairness approach answering question similarly straightforward determine relevant activity statute regulates reentry absent clear statement otherwise relevant activity occurs statute effective date covered reentries construed statute unfair irrational enough violate constitution another matter entirely one presented interpretive presumption retroactivity however tool ascertain statute means license rewrite statute way considers desirable respectfully dissent footnotes dissent appears driven small measure dim view opinion fleuti see post instinct operative fleuti case bia determined fleuti doctrine longer held sway rooted longer existent definition ina board also noted congress amended law expressly preserve fleuti doctrine provided lawful permanent resident absent less days regarded seeking admission except certain enumerated circumstances among prior commission crime moral turpitude see ibid citing ii vartelas challenge ruling therefore assume decide iirira amendments abrogated fleuti although iirira created uniform removal procedure excludable deportable aliens list criminal offenses subject aliens exclusion remains separate list offenses render alien deportable lists sometimes overlapping sometimes divergent judulang holder slip pertinent although single crime involving moral turpitude may render alien inadmissible render deportable see listing excludable crimes listing deportable crimes dissent asserts justice story opinion bear relation presumption retroactivity post bold statement view many references justice story formulation cases involving presumption statutes operate prospectively absence clear congressional statement contrary cyr rejected government contention congress directed retroactive application iirira entirety see kent dulles freedom movement across frontiers may close heart individual choice eats wears reads aptheker secretary state douglas concurring right travel home abroad important business cultural political social activities commingling gregarious man enjoys dissent see post notes two statutes genre laws prohibiting persons convicted sex crime victim years age working jobs involving frequent contact minors laws prohibiting person adjudicated mental defective committed mental institution possessing guns dissent correct statutes operate retroactively rather address dangers arise postenactment sex offenders history child molestation working close proximity children mentally unstable persons purchasing guns act flying greece contrast render lawful permanent resident like vartelas hazardous plausible congress solution problem dangerous lawful permanent residents pass law deter persons ever leaving student loans unlikely provision noted dissent raise retroactivity questions first place statute prospective thrust concerns uspension eligibility student receiving college loan commits drug crime suspension runs date th conviction specified periods two years second offense possession moreover eligibility may restored period ineligibility ends student establishes prescribed criteria rehabilitation deleted defense permitted qui tam defendants escape liability information private plaintiff relator relied already government possession detrimental reliance hardly apparent government statutory change bring suit information monetary liability faced false claims act defendant whether action brought government qui tam relator little doubt noted cyr general matter alien defendants considering whether enter plea agreement acutely aware immigration consequences convictions indeed reserving right remain may important potential jail sentence ibid internal quotation marks omitted see padilla kentucky slip holding counsel duty sixth amendment inform noncitizen defendant plea make eligible deportation armed knowledge guilty plea preclude travel abroad aliens like vartelas might endeavor negotiate plea nonexcludable offense vartelas case possession counterfeit securities exercise right trial words committed offense next words identified section section refers alien convicted admits committed inter alia crime involving moral turpitude emphasis added entire phrase committed offense identified section straightforward reading appears advert lawful permanent resident convicted offense admits one piepowder dusty feet courts temporary mercantile courts held trade fairs medieval europe local merchants guild members assemble hear commercial disputes courts provided fast informal resolution trade conflicts settling cases merchants feet still dusty callahan medieval church norms fiduciary duties partnership cardozo rev internal quotation marks omitted quoting berman law revolution formation western legal tradition footnotes say direct bearing prospective application statute raise constitutional doubts effect conduct reason presume legislative intent apply unless conduct question consider retroactive conduct question see clark martinez issue statute expressly made new admission rule applicable aliens prior convictions constitutionality doubt