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23 Mar 2019, 7:53 pm by Timothy P. Flynn
Last month, the SCOTUS ruled in Timbs v Indiana that a state's fine or forfeiture scheme may be excessive and thus unconstitutional under the 8th Amendment of the United States Constitution. [read post]
15 Jan 2016, 3:58 am by Timothy P. Flynn
Vigilance from the bench relative to the collection of fines is one thing; but incarceration of a defendant that lacks any ability to pay constitutes a debtor's prison.Incarceration for the inability to pay fines and costs was proscribed by the United States Supreme Court in the 1983 case of Bearden v Georgia. [read post]
3 Dec 2024, 1:54 am by Rosie Nance
By Shan Nanayakkara In TR v Land Hessen (C‑768/21) the European Court of Justice (“ECJ”) found that following a personal data breach, a supervisory authority is under no obligation to exercise its corrective powers, specifically the power to impose an administrative fine, where such action is not appropriate or necessary or proportionate to the infringement of the EU General Data Protection Regulation (“GDPR”). [read post]
30 Apr 2015, 7:02 pm by Ezra Rosser
These practices have disastrous effects on poor communities, particularly communities of color, and the collateral consequences are discussed in Part V. [read post]
25 May 2017, 8:45 am by D Daniel Sokol
Jacquelyn MacLennan and Aqeel Kadri examine Toshiba v Commission: Court of Justice Eases Burden on Commission to Fine Parent Companies for Competition Law Infringements by Joint Ventures. [read post]