In a study weighing in on the issue of small or normal penis size, researchers found that an average length among a group of men was: 4. 1  8.8 centimeters (3.5 inches) for the flaccid. 2  12.9 centimeters (5.1 inches) at the erect.
No. 2] Retroactive Rulemaking 757 gal; this type of fair notice is mandated by the Ex Post Facto and Bills of Attainder clauses 46 in the Constitution. The concept of fair notice can also potentially encompass civil liability.
Circuit 41 find a presumption against retroactivity in rulemaking inherent in the APAâs ruleâorder distinction. Alâlowing agencies to act retroactively in rulemaking, absent exâpress congressional authorization, would violate the APAâs structure by obliterating the difference between rule and order.