European Court of Justice

Brillon appealed his case to the Vermont Supreme Court which found that Brillon’s right to a speedy trial under the Sixth Amendment. However, the case was not finalized yet as the Supreme Court would hear the case. On March 9t, 2009, the Supreme Court issued a ruling on Vermont vs. Brillon. A majority opinion was authored by Justice Ruth Bader Ginsburg. The majority found that Brillon’s Sixth Amendment right to a speedy trial was not violated. The Court took into account Barker vs. Wingo which…

pleads guilty to jumping bail after not appearing for his court date on charges of domestic assault. Between his conviction and his sentencing, Betterman waited fourteen months due to a delay within the institution (Betterman). He believes that fourteen months should be taken off of his sentencing. This began the ultimate constitutional debate concerning what he considered his right to a speedy trial. The ruling claimed by the Montana Supreme Court stated the Sixth Amendment’s Speedy Trial…

Chief Justice Rehnquist was appointed by Richard Nixon, in part as a response to the Warren Court’s liberal streak, which he used as a campaign issue. During his confirmation he was met with controversy as it became apparent he in fact disagreed with the precedent set in Borwn v. Board of Education. As an associate Justice he began as states’ rights advocate, which often not only placed Rehnquist not only in the minority, but as a lone dissenter. As time wore on the Court began to become more…

Romer v. Evans is a case brought to the Supreme Court by Richard G. Evans (Respondent), a gay employee of the mayor of Denver against then Governor Roy Romers, The Attorney General of Colorado, and the State of Colorado (Petitioner). The case was centered around an amendment to the state constitution that prohibited “the state of Colorado… at any level of state or local government from adopting or enforcing any law or policy which provides that homosexual, lesbian, or bisexual orientation,…

The majority of the court’s opinion was presented by Justice Lewis Powell. In their analysis they concluded that the Baldus Study did not establish the clear intent of racial discrimination in the plaintiff’s case. They claimed that McCleskey failed to prove that any participating member in his case acted in a discriminatory manner against him. They concluded that discretion is crucial factor in the criminal justice process. Due to the critical need for discretion the plaintiff would have to…

of the European Union and its creation of overarching rules amongst its member states. These overarching rules are created in competence by the member states in order to achieve ‘…objectives that they have in common.’ In order to execute these common objectives, the principle of direct effect holds each member state accountable for the laws decided as a collective through the implementation of the European Court of Justice against member states. Various articles in the Treaty on European Union…

The right to be forgotten is a concept discussed and put into practice in the European Union (EU) and Argentina since 2006.The European Union adopted the European Data Protection Directive to regulate the processing of personal data.EU gave a legal base to internet protection for individuals. European Court of Justice ruling that citizens in 28 countries have the right to be forgotten such as European Union, Spain, Germany, Argentina, India, United States ,south Korea, china etc. The right to be…

though has negative attributes. Case law is notoriously slow to change through rigidity and only repealed through an appellate court or legislation. Legal precedent is known by the Latin ‘Stare decisis et non quieta movere’ or to stand by decisions and not to disturb settled matters”. When a judicial judgement has been given by the court that will be binding on any future court if the material facts are the same. This doctrine can be traced back to the…

Presented in this essay are three parts concerning comparative criminal justice systems in six model countries and the United States. The first section will discuss relevant historical developments responsible for the formation of criminal law and criminal justice administration regarding the six model nations. Secondly, this essay will address the United States’ process concerning civil order control. Model Countries methods will be compared and contrasted as they relate to one another and…

unaware of the blockade. Both ships were taken to Florida and sold at auction after a district court ruled that they were not “exempt from seizure.” (DRW, p. 82) The case was appealed and heard by the U.S. Supreme Court. One of the issues in the case was whether, if a rule is not codified in U.S. law but is a generally accepted practice and/or law for other nations, does that practice/law…