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51.
Edward L. Carter 《Communication Law & Policy》2016,21(3):301-322
Government officials in various parts of the world use defamation to silence critics, but defamation liability may curtail freedom of expression on topics of public interest and undermine human rights generally. Article 19 of the International Covenant on Civil and Political Rights guarantees freedom of expression unless a state can show need to protect individual reputation and acts proportionally. In its adjudication of complaints for violations of Article 19, and in its General Comment 34, the United Nations Human Rights Committee has crafted the principle that defamation liability may not be imposed if an erroneous statement about a public official was made in “error but without malice.” Although soft law, General Comment 34 represents the committee's most compelling articulation of the values animating freedom of expression in international human rights law, and chief among the values is the role played by free expression to promote realization of all human rights. 相似文献
52.
Agathe Ribéreau-Gayon Carolyn Rando Ruth M. Morgan David O. Carter 《Science & justice》2018,58(3):167-176
In the context of increased scrutiny of the methods in forensic sciences, it is essential to ensure that the approaches used in forensic taphonomy to measure decomposition and estimate the postmortem interval are underpinned by robust evidence-based data. Digital photographs are an important source of documentation in forensic taphonomic investigations but the suitability of the current approaches for photographs, rather than real-time remains, is poorly studied which can undermine accurate forensic conclusions. The present study aimed to investigate the suitability of 2D colour digital photographs for evaluating decomposition of exposed human analogues (Sus scrofa domesticus) in a tropical savanna environment (Hawaii), using two published scoring methods; Megyesi et al., 2005 and Keough et al., 2017. It was found that there were significant differences between the real-time and photograph decomposition scores when the Megyesi et al. method was used. However, the Keough et al. method applied to photographs reflected real-time decomposition more closely and thus appears more suitable to evaluate pig decomposition from 2D photographs. The findings indicate that the type of scoring method used has a significant impact on the ability to accurately evaluate the decomposition of exposed pig carcasses from photographs. It was further identified that photographic taphonomic analysis can reach high inter-observer reproducibility. These novel findings are of significant importance for the forensic sciences as they highlight the potential for high quality photograph coverage to provide useful complementary information for the forensic taphonomic investigation. New recommendations to develop robust transparent approaches adapted to photographs in forensic taphonomy are suggested based on these findings. 相似文献
53.
Edward L. Carter 《Communication Law & Policy》2013,18(2):161-195
Several federal district courts in 2009 and 2010 interpreted a relatively obscure provision of the Digital Millennium Copyright Act to grant a potentially broad right of attribution to owners of copyright in creative works. The statutory provision prohibits removal or alteration of copyright management information. The law gives reason for both hope and fear for news organizations. On one hand, an attribution requirement is seen by some in the news industry as relief from negative effects of technology, including online news aggregators. On the other hand, news organizations already have been sued under the copyright management provision for their conduct in newsgathering. This article examines the copyright management information provision and concludes that transformation will be a key consideration in balancing the interest in attribution with preservation of newsgathering's reliance on access to and fair use of copyright-protected works. 相似文献
54.
Caitríona A. Carter 《The Journal of Legislative Studies》2013,19(3):392-409
How national parliaments adapt to the European Union is an important debate. However, scholars often overlook the regional aspect. This is particularly so for the UK where, despite devolution since 1999, scholarship remains largely devolution-blind. It is assumed that evaluating UK parliamentary adaptation only requires assessing the work of Westminster committees. This article takes a first step towards rectifying this oversight through reconceptualising UK–EU parliamentary engagement as multi-territory, not state-centric. This is demonstrated by comparing the social construction of practices in Scotland, Wales and at Westminster since 1999. Acknowledging devolution, however, does not just require comparing practices. Additionally, the paper asks how the ideas of devolution have been taken up by actors, potentially transforming the meaning of UK engagement for them. This necessitates new approaches drawn from interpretivist and constructivist institutionalist theories. Ultimately, therefore, the paper goes further than arguing for devolution-aware research to promoting change more generally in how parliamentary adaptation is theorised. 相似文献
55.
Longitudinal data on household living standards open the way to a deeper analysis of the nature and extent of poverty. While a number of studies have exploited this type of data to distinguish transitory from more chronic forms of income or expenditure poverty, this paper develops an asset-based approach to poverty analysis that makes it possible to distinguish deep-rooted, persistent structural poverty from poverty that passes naturally with time due to systemic growth processes. Drawing on the economic theory of poverty traps and bifurcated accumulation strategies, this paper briefly discusses some feasible estimation strategies for empirically identifying poverty traps and long-term, persistent structural poverty, as well as relevant extensions of the popular Foster-Greer-Thorbecke class of poverty measures. The paper closes with reflections on how asset-based poverty can be used to underwrite the design of persistent poverty reduction strategies. 相似文献
56.
Using ninhydrin to detect gravesoil 总被引:1,自引:0,他引:1
Some death scene investigations commence without knowledge of the location of the body and/or decomposition site. In these cases, it is necessary to locate the remains or the site where the body decomposed prior to movement. We hypothesized that the burial of a mammalian cadaver will result in the release of ninhydrin reactive nitrogen (NRN) into associated soil and that this reaction might have potential as a tool for the identification of clandestine graves. Juvenile rat (Rattus rattus) cadavers were buried in three contrasting soil types in Australian tropical savanna ecosystems and allowed to decompose over a period of 28 days. Soils were sequentially harvested and analyzed for NRN. Cadaver burial resulted in an approximate doubling (mean = 1.7 +/- 0.1) in the concentration of soil NRN. This reaction has great potential to be used as a presumptive test for gravesoil and this use might be greatly enhanced following more detailed research. 相似文献
57.
This article extends the study of regulatory compliance motivations from “traditional” regulatory settings to a government-sponsored voluntary one. We argue that the rationale(s) which motivate participants to engage a voluntary program likely shape which motivations drive them toward (or away from) program compliance. Our study examines the possible influence of program participation rationales alongside that of regulatory agents' enforcement styles and strategies. Leveraging a national survey of certified United States Department of Agriculture organic producers, we find that the more a producer pursues organic certification to increase profits, the more likely they are to report deterrent fears as an important compliance motivation. In contrast, the more a producer becomes certified to support the organic movement, the more heavily they weigh a personal sense of duty to comply. We discuss the implications of these, and other, study findings for compliance motivations theory and voluntary program integrity. 相似文献
58.
59.
Cyril Carter 《Public Choice》1990,64(1):43-55
This essay reasses the assumptions of the Brams-Fishburn theory of approval voting, and proposes modifications to make the theory correspond better with likely voting choices. With a small number of candidates, voters who use the inadmissible strategy of voting for all candidates can help to produce a result that better reflects the voters' wishes than is possible with admissible strategies, so we propose a widening of the definition of admissibility to encompass this case. With more than three candidates, we define first-order admissible strategies, which are the most likely strategies to be used in practice, and are also strongly sincere, in that a vote for any candidate is always accompanied by votes for all more or equally-preferred candidates. Their number is less under approval voting than under plurality voting. Both proposed modifications strengthen the technical arguments favoring approval voting over plurality voting. 相似文献
60.