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101.
This paper analyses the working methods used by those jurists who are dedicated to the drafting of proposals for Electronic Government. As will be shown by several practical examples, the best method to perform this task—and, in general, to deal with an innovation such as Electronic Government—consists of proposing, to those interested, a detailed and careful research of the legal activities enabling and improving the reality behind this name. This should be considered as the starting point to building up coherent regulation proposals, in compliance with the fact of the Electronic Government and the rules appropriate to a democratic State. 相似文献
102.
This article discusses the presuppositions and consequences of different forms in which successive Chilean governments have tried to ‚come to terms’ with a legacy of terror usually designated as ‚human rights violations’. Thus a political strategy centred in a body like a truth and reconciliation commission is compared to a judicial strategy of individualising perpetrators and punishing them according to the rules and principles of normal criminal law. Having distinguished these strategies, the article maps them onto two conceptions of human rights: one political (constitutive of the political community) and one legal (grounding actionable claims against others). The thesis is then defended that law cannot grasp the political meaning of human rights, and thus cannot grasp the full political meaning of terror.This paper belongs to a broader research project funded by the Chilean fund for Scientific development, FONDECyT (Projecto 1010461). 相似文献
103.
Although federalism is a potentially important variable in democratization,few studies explore its impact in democratic transitions andconsolidation. Scholars generally agree that federalism is quitestrong in contemporary Brazil. This study examines how and whystrong federalism reemerged in Brazil following twenty yearsof centralizing military rule. In brief, the 19641985military regime tried but failed to transform the state-basedorganizational structure and power base of Brazil's traditionalpolitical elite; Brazil's "transitional" electoral cycle alsoreinforced the strength of state governors. Examples are providedof how subnational actors influenced the transition processin the national government and how state based actors and interestschallenge Brazil's efforts to consolidate its democracy. 相似文献
104.
Party regulation in general and its systemic consequences in particular have not been a matter of concern for scholars until very recently. Despite recent efforts to study how political parties are regulated in post-authoritarian democracies and in conflict-prone societies, the question of how party legislation affects party formation and party system development in the Western Balkans still remains a mystery. Adopting a multi-disciplinary (that is, legal and political) approach, this article attempts to fill a gap in the literature by analysing how different party (finance) regulations shaped the party system in Macedonia, one of Europe's most recent (and under-researched) democracies, while controlling for changes in electoral regimes. There are two main findings. On the one hand, registration requirements had the strongest impact on the party system format, even when the electoral system pushed in the opposite direction. On the other, public funding, rather than “cartelizing” the system, mainly facilitated the survival of (both big and small) parties. Finally, the article also points to the need to explore the role of shadow financing and corruption when analysing the effects of party finance in new democracies. 相似文献
105.
Bite Mark Analysis in Foodstuffs and Inanimate Objects and the Underlying Proofs for Validity and Judicial Acceptance
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Fernando Rivera‐Mendoza D.D.S. M.Sc. Stella Martín‐de‐las‐Heras B.D.S. M.D. Ph.D. Pablo Navarro‐Cáceres M.Sc. Gabriel M. Fonseca D.D.S. Ph.D. 《Journal of forensic sciences》2018,63(2):449-459
Even though one of the first bite mark cases was Doyle v. State in 1954 (a bitten cheese case), the research has focused on bite marks inflicted in human skin. As published Papers, Case Reports, or Technical Notes can constitute precedents which are relied upon in making the legal arguments and a considerable amount of case law exists in this area, we present a systematic review on bite mark analysis in foodstuffs and inanimate objects and their underlying proofs for validity and judicial acceptance according to Daubert rulings. Results showed that there is vulnerability in these procedures, and it is essential to demand for focus scrutiny on the known error rates when such evidence is presented in trials. These kinds of bite marks are well documented; however, there has been little research in this field knowing that the protocols of analysis and comparison are the responsibility of the forensic odontologists. 相似文献
106.
Bruno Lemos Batista Jairo Lisboa Rodrigues Vanessa Cristina de Oliveira Souza Fernando Barbosa Jr. 《Forensic Science International Supplement Series》2009,192(1-3):88-93
An ultrasound-assisted extraction method is proposed for the determination of trace elements in hair samples by inductively coupled plasma-mass spectrometry (ICP-MS) for forensic investigation. Prior to analysis, 25 mg of hair samples were accurately weighed into (15 mL) conical tubes. Then, 2 mL of 20% HNO3 is added to the samples, sonicated at 2 min (50 W, 100% amplitude), and then further diluted to 10 mL with Milli-Q water. Resulted diluted slurries are centrifuged and the analytes are directly determined in the supernatant. Calibrations against aqueous solutions were carried out with rhodium as internal standard. The method was successfully applied for the extraction of Al, As, Ba, Be, Cd, Co, Cr, Cu, Mn, Pb, Tl, U, V and Zn with a method detection limit (3 s, n = 20) of 0.1, 0.4, 0.2, 0.09, 0.08, 0.04, 0.1, 2.9, 1.0, 0.9, 0.04, 0.05, 0.1 and 4.2 ng/g, respectively. Method accuracy is traceable to Certified Reference Materials (CRMs) 85 and 86 human hair from the International Atomic Energy Agency (IAEA). Additional validation data are provided based on the analysis of hair samples from the trace elements intercomparison program operated by the Institut National de Sante’ Publique du Quebec, Canada. The proposed method is very simple and can be applied for forensic purposes with the elimination of sample digestion step prior to analysis. Then, a considerable improvement in the sample throughput is archived with the use of the proposed method. 相似文献
107.
Fernando Vasquez 《European Law Journal》2020,26(1-2):153-161
‘It is with great sadness that his many friends learned of the passing of Fernando Vasquez, on 16 July 2020, in Porto. I met Fernando Vasquez some thirty years ago, at a time when, together with Jean‐Jacques Paris, another friend who recently passed away, and under the direction of Odile Quintin in DG V of the European Commission, he was working on building a Social Europe. That was before the European Union failed as a post‐liberal orthodoxy, driving along all Member States, in a race to the lowest social and fiscal bidder. As Frédéric Turlan reminds us, in a tribute published in the recent issue of Liaisons sociales Europe, n. 502, 23 July‐2 September 2020, Fernando Vasquez witnessed with lucidity this backsliding which has heavily contributed to the current disconnection between citizens and the European project, but it did not prevent him from relentlessly striving for more justice in the European Union. These efforts, his diagnosis, without complacency, of the current state of the Union and his most recent suggestions for ensuring both social and economic convergence under the aegis of solidarity, are retraced in his contribution to the Conference ‘Revisiting solidarity in Europe’, which was held on 18 and 19 June 2018 at the Collège de France in Paris. To honour his memory and as a testament to his commitment to a certain idea(l) of Europe, one which is true to its principles of democracy and social justice, here is the text of his contribution, a call, and his last plaidoyer, for a social Europe.’ Alain Supiot, Emeritus Professor at the Collège de France in Paris. 相似文献
108.
Fernando M. Aragón 《Public Choice》2014,160(1-2):205-225
This paper contrasts empirically two possible explanations for the party decision to use primaries: desire to improve political selection (selection effect), or desire to increase political competition—and incentives—among candidates (incentive effect). Using a simple model of endogenous primaries, I show that each explanation implies a different relation between primary adoption and the strength of partisan support. I estimate this relation using the case of Latin American presidential primaries and find robust evidence that the incentive effect dominates the selection effect. 相似文献
109.
de Oliveira FT Capelozza AL Lauris JR de Bullen IR 《Forensic science international》2012,219(1-3):147-150
Forensic age estimation is an important element of anthropological research, as it produces one of the primary sources of data that researchers use to establish the identity of a person living or the identity of unknown bodily remains. The aim of this study was to determine if the chronology of third molar mineralization could be an accurate indicator of estimated age in a sample Brazilian population. If so, mineralization could determine the probability of an individual being 18 years or older. The study evaluated 407 panoramic radiographs of males and females from the past 5 years in order to assess the mineralization status of the mandibular third molars. The evaluation was carried out using an adaptation of Demirjian's system. The results indicated a strong correlation between chronological age and the mineralization of the mandibular third molars. The results indicated that modern Brazilian generation tends to demonstrate an earlier mandibular third molar mineralization than older Brazilian generation and people of other nationalities. Males reached developmental stages slightly earlier than females, but statistically significant differences between the sex were not found. The probability that an individual with third molar mineralization stage H had reached an age of 18 years or older was 96.8-98.6% for males and females, respectively. 相似文献
110.
In the process of building a European Private Law, the lawmaking and harmonization dimensions??the modes of harmonization and even more, the scope and reach of the harmonizing effect of the European rules- appear as crucial issues. We show how the harmonization strategy is as important a question as whether we should have European Private Law at all. We present an economic discussion of the different modes of harmonizing Private Law in the abstract, and how they are likely to differently affect outcomes. We also present in informal terms a simple economic model of how to build optimal harmonized rules and standards in a setting of pre-existing separate and diverse national ones, and we systematically explore how the different harmonization regimes (maximum harmonization, minimum harmonization, and pure co-existence of harmonized and national standards) affect the outcomes of the harmonization process. 相似文献