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Joe Atkinson 《The Modern law review》2018,81(4):688-700
In Barbulescu v Romania, the European Court of Human Rights clarified the application of the Article 8 right to private life in the workplace, and the extent of the state's positive obligations to protect the right against workplace monitoring. The decision establishes that there is an irreducible core to the right to private life at work that does not depend on an employee's reasonable expectations of privacy, and sets out clear principles for striking a fair balance between Article 8 and the employer's interests in the context of workplace monitoring. This article considers the nature of states’ positive obligation to protect human rights at work, the scope of the right to private life, and the impact of the decision on domestic law of unfair dismissal. 相似文献
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Molina DK Castorena JL Martinez M Garcia J DiMaio VJ 《The American journal of forensic medicine and pathology》2007,28(3):191-194
Several different methods can be employed to test for gunshot residue (GSR) on a decedent's hands, including scanning electron microscopy with energy dispersive x-ray (SEM/EDX) and inductive coupled plasma-atomic emission spectrometry (ICP-AES). In part I of this 2-part series, GSR results performed by SEM/EDX in undisputed cases of suicidal handgun wounds were studied. In part II, the same population was studied, deceased persons with undisputed suicidal handgun wounds, but GSR testing was performed using ICP-AES. A total of 102 cases were studied and analyzed for caliber of weapon, proximity of wound, and the results of the GSR testing. This study found that 50% of cases where the deceased was known to have fired a handgun immediately prior to death had positive GSR results by ICP/AES, which did not differ from the results of GSR testing by SEM/EDX. Since only 50% of cases where the person is known to have fired a weapon were positive for GSR by either method, this test should not be relied upon to determine whether someone has discharged a firearm and is not useful as a determining factor of whether or not a wound is self-inflicted or non-self-inflicted. While a positive GSR result may be of use, a negative result is not helpful in the medical examiner setting as a negative result indicates that either a person fired a weapon prior to death or a person did not fire a weapon prior to death. 相似文献
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Democratic peace studies have traditionally identified Kantian "republicanism" with procedural democracy and largely ignored liberalism and constitutionalism, which are even more fundamental for Kant's reasoning behind the liberal peace. A closer look into his major political works reveals that peaceful relations are expected from states with the protection of individual freedoms (liberalism), the rule of law and legal equality (constitutionalism), and representative government (democracy). Only when all three constitutive elements are jointly considered can we uncover the multifaceted nature of Kant's approach to the domestic sources of international peace. In this way, we not only find that monadic and dyadic expectations are consistent with Kant's theory, but also that both normative and interest-based explanations for international peace can equally draw on Kant as their theoretical precursor. We further demonstrate that it is plausible to infer that the Kantian legacy is related to civil peace as well. The propositions we derive from our theoretical reexamination of the Kantian legacy are strongly supported in our quantitative empirical test. Moreover, constitutional liberalism, rather than democracy, shows to be both more central for Kant's theory and empirically more robustly related to international as well as domestic peace. 相似文献
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Charlottesville Paradox: The ‘Liberalizing’ Alt-Right, ‘Authoritarian’ Left,and Politics of Dialogue
In the aftermath of the 2017 Charlottesville tragedy, the prevailing narrative is a Manichean division between ‘white supremacists’ and ‘anti-racists’. We suggest a more complicated, nuanced reality. While the so-called ‘Alt-Right’ includes those pursuing an atavistic political end of racial and ethnic separation, it is also characterised by pluralism and a strategy of nonviolent dialogue and social change, features associated with classic liberalism. The ‘Left,’ consistent with its historic mission, opposes the Alt-Right’s racial/ethnic prejudice; but, a highly visible movement goes farther, embracing an authoritarianism that would forcibly exclude these voices from the public sphere. This authoritarian element has influenced institutions historically committed to free expression and dialogue, notably universities and the ACLU. We discuss these paradoxes by analysing the discourse and actions of each movement, drawing from our study of hundreds of posts and articles on Alt-Right websites and our online exchanges on a leading site (AltRight.com). We consider related news reports and scholarly research, concluding with the case for dialogue. 相似文献
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Liberal democratic performance is understood as the delivery of liberal democratic values, and not as regime longevity or government efficacy. Measuring it is a matter of how far liberal democratic governments achieve in practice the values they endorse in principle.
It is recognized that the performance of liberal democratic governments varies widely. But extant attempts to measure this variation suffer problems of reliability and validity, and the object of measurement is often unclear.
By defining the range of liberal democratic values we demonstrate that performance is multidimensional and that trade-offs across different values can create distinct performance profiles. The narrow gauge of the extant meaures – usually of just one or two values – is often disguised by single scales that masquerade as summary performance indicators. 相似文献
It is recognized that the performance of liberal democratic governments varies widely. But extant attempts to measure this variation suffer problems of reliability and validity, and the object of measurement is often unclear.
By defining the range of liberal democratic values we demonstrate that performance is multidimensional and that trade-offs across different values can create distinct performance profiles. The narrow gauge of the extant meaures – usually of just one or two values – is often disguised by single scales that masquerade as summary performance indicators. 相似文献