Educación jurídica,investigación y derechos humanos inteligentes

The recent studies on the genes, the neurons and the information, are influencing the form to know us and to know the reality. The opportunity is had, for this reason, to improve the formation of the professor and the students of the Right, to happen of an education of repetitions to one of new features, discovery, diversion, that is to say, investigation. One is to avoid “to transmit” information, but to explore it, to construct it, only to invent it, working in equipment, professor and students, inside and outside the hall classes. The contents to investigate can be placed in the past, the present or in the future, like the human rights. Thus, it is tried that the well-known or effective human rights, the products of the legal rationalism, are extended to protect the emotional human dignity: the respect, the confidence, the tolerance, the responsibility, the happiness, desire, the pleasure. Human intelligence is multiple, for that reason the human rights must be intelligent, that protect and develop the intellect, the affectivity, the corporal one, the energy, the environment and its cosmovisión.     

The fundamental right of data protection in the European Union: in search of an uncharted right

The entry into force of the EU Charter of Fundamental Rights and the ensuing introduction of the right to data protection as a new fundamental right in the legal order of the EU has raised some challenges. This article is an attempt to bring clarity on some of these questions. We will therefore try to address the issue of the place of the right to the protection of personal data within the global architecture of the Charter, but also the relationship between this new fundamental right and the already existing instruments. In doing so, we will analyse the most pertinent case law of the Court of Luxembourg, only to find out that it creates more confusion than clarity. The lesson we draw from this overview is that the reasoning of the Court is permeated by a ‘privacy thinking’, which consists not only in overly linking the rights to privacy and data protection, but also in applying the modus operandi of the former to the latter (which are different we contend). The same flawed reasoning seems to be at work in the EU Charter of Fundamental Rights. Therefore, it is crucial that the different modi operandi be acknowledged, and that any upcoming data protection instrument is accurately framed in relation with Article 8 of the Charter.     

Scientific Research on the Efficiency of Public Expenditures: How and Where is it Going?

ABSTRACT

Recent scientific research has advanced the measurement of the relative performance of organizations and the efficiency of public spending, based on analyzes of the services offered and results achieved. However, from the methodological point of view, there are several methods to analyze the performance and efficiency of spending in the private and public sectors. In this sense, the present study performs a systematic bibliometric review to analyze all scientific publications on the efficiency of public spending published in the last 20 years. The results show that most cost-efficiency analyzes have been limited to education and health expenditures and have used quantitative analysis, mainly through the application of data-involution analysis. The present review is a first step in mapping scientific publications on efficiency in public spending, which will support researchers and managers to make public spending more efficient.     

Keeping Up with the Souzas: Social Influence and Electoral Change in a Weak Party System,Brazil 2002–2006

Despite weak partisanship and considerable political change in the wake of the 2002 election, three‐quarters of Brazilian voters supported a presidential candidate in 2006 from the same party they had backed in 2002. This article assesses the factors causing both electoral stability and electoral change with a transition model, a model testing whether the effects of respondents' evaluative criteria depend on their initial vote choices. Social context—personal discussion networks, neighborhood influences, and the interactions of social networks and municipal context—is the major force promoting stability and change, while the impact of partisanship is limited to a small share of voters.     

Trends in intimate partner violence: 1980-2008

Research on trends in partner violence has primarily relied on official measures of victimization focusing primarily on women's risk for intimate partner homicide. The current study uses 28 years of data from the National Crime Victimization Survey (NCVS) to examine the trends of intimate partner violence against female victims and identify variation in women's risk as a function of race and employment. Although it has been theorized that employment is correlated with the risk of intimate partner victimization for women, research has not thoroughly addressed this in a longitudinal context. In addition, research has not explored the extent to which intimate partner violence is correlated with the combined variables of race and employment. The authors find that between 1980 and the mid-2000s employment is associated with an increase in women's risk for intimate partner violence. However, the conclusion that the rate of victimization is higher for employed women appears to be partly contingent on the victims' race. The trend for non-White unemployed women appears to be relatively comparable to both White and non-White employed women, at least for the first 15 years of the series.     

The role of alcohol and victim sexual interest in Spanish students' perceptions of sexual assault

Two studies investigated the effects of information related to rape myths on Spanish college students' perceptions of sexual assault. In Study 1, 92 participants read a vignette about a nonconsensual sexual encounter and rated whether it was a sexual assault and how much the woman was to blame. In the scenario, the man either used physical force or offered alcohol to the woman to overcome her resistance. Rape myth acceptance (RMA) was measured as an individual difference variable. Participants were more convinced that the incident was a sexual assault and blamed the woman less when the man had used force rather than offering her alcohol. In Study 2, 164 college students read a scenario in which the woman rejected a man's sexual advances after having either accepted or turned down his offer of alcohol. In addition, the woman was either portrayed as being sexually attracted to him or there was no mention of her sexual interest. Participants' RMA was again included. High RMA participants blamed the victim more than low RMA participants and were less certain that the incident was a sexual assault, especially when the victim had accepted alcohol and was described as being sexually attracted to the man. The findings are discussed in terms of their implications for the prevention and legal prosecution of sexual assault.     

The Role of Experts in the European Union's Research Policy

This research analyzes the role of experts in the European Union's policy‐making process. Focusing on the field of research policy, this study seeks to probe how expert participation in the Open Method of Coordination informs policy decisions. The paper reports on an analysis of the expert group in the European Internationalization Strategy in Science and Technology. Our analysis reveals the dynamics of expert participation at the micro level, as it identifies who these experts are, how they are appointed, and in what ways expert knowledge gets used in policy making.