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111.
Marco Dani 《European Law Journal》2017,23(3-4):189-212
The article examines the role of national constitutional courts in supranational litigation. It firstly illustrates their value and situates well‐known judicial doctrines affecting their jurisdiction in the context of the normative claims, policy agenda and institutional framework promoted by the European Union. Against this background, it gauges the potential of national constitutional courts in countering the process of intergovernmental and technocratic encroachment of national constitutional democracies characterising the most recent evolutionary stages of the European integration process. It is claimed that constitutional courts are in the position of reinforcing, resisting or correcting Union measures with a detrimental impact on national constitutional principles. After having identified in correction the approach more coherent with their constitutional mandate, the article highlights a disturbing paradox: in remaining faithful to their constitutional role, constitutional courts contribute to the sustainability of a comprehensive institutional setting corroding the idea of constitutional democracy on which they are premised. 相似文献
112.
113.
Maria Civita De Marco M.D. Gabriele Sani M.D. Giovanni Manfredi M.D. Isabella Pacchiarotti M.D. Valeria Savoja M.D. Andrea Balbi M.D. Lorenzo Mazzarini M.D. Adriana Borriello Ph.D. Giorgio D. Kotzalidis M.D. Roberto Tatarelli M.D. Paolo Girardi M.D. Stefano Ferracuti M.D. 《Journal of forensic sciences》2010,55(3):669-676
Abstract: In Italy, the “silent‐consent” principle of donor’s willingness regulates organ donation for postmortem transplantation, but civil incompetence excludes it. We investigated decisional capacity for organ donation for transplantation of 30 controls and 30 nonincompetent patients with schizophrenia as related to clinical symptoms, cognition, and functioning. Assessments were carried out through the Competence for Donation Assessment Scale (CDAS), Brief Psychiatric Rating Scale (BPRS), Scale for the Assessment of Positive Symptoms (SAPS), Scale for the Assessment of Negative Symptoms, Life Skills Profile (LSP), Raven’s Colored Progressive Matrices (RCPM), Wisconsin Card Sorting Test, Rey RI, Rey RD, and Visual Search. Patients and controls differed on the CDAS Understanding and Choice Expression areas. Patients showed significant inverse bivariate correlations between CDAS Understanding and scores on total BPRS, LSP self‐care scale, and RCPM cognitive test. Our results show that decisional capacity for participating in research does not predict decisional capacity for postmortem organ donation in patients with schizophrenic or schizoaffective psychosis; hence, before judging consent for donation, patients must be provided with enhanced information to better understand this delicate issue. 相似文献
114.
Marco Aurelio Guimarães José Arnaldo Soares-Vieira Ricardo Henrique Alves da Silva Martin Paul Evison 《Forensic Science International: Genetics Supplement Series》2009,2(1):165-166
At the Medical Legal Center in Ribeirão Preto, Brazil (CEMEL/FMRP-USP), unidentified decomposing bodies routinely undergo soft tissue removal (by immersion in water at 80–90 °C for 24 h) prior to an anthropological analysis intended to yield a biological profile of age, sex, ancestry, height, pathology and so on. In the event that this analysis is unsuccessful, samples may be submitted for DNA profiling. The tropical climate and the defleshing process may confound preservation, recovery and analysis of DNA, however. In order to establish an optimal standardized protocol for identification of decomposing human remains from a tropical climatic region, the outcome of anthropological and genetic analyses was compared, along with the utility of bone (mainly femur and sternum) and teeth (mainly molar) specimens for DNA analysis. In a sample (n = 39) of partially skeletonized remains, anthropological analysis was sufficient for identification in eight cases. In further six cases, DNA profiling was successfully attempted. As a consequence of our study, we recommend collection of 1–2 well preserved teeth prior to defleshing and anthropological analysis in these circumstances. 相似文献
115.
This article draws on the ‘visual turn’ in legal studies to argue for the centrality of visibility in the analysis of the regulation of gay and lesbian identities, with a specific focus on Hong Kong. Part I gives an overview of the ways in which gay visibility operates within the cityscape of Hong Kong. Parts II and III then focus on the case of Cho Man Kit v. Broadcasting Authority to examine the ways in which questions of visibility emerge in the courtroom.
相似文献116.
Marco Dugato Serena Favarin Antonio Bosisio 《European Journal on Criminal Policy and Research》2018,24(4):393-415
Risk terrain modelling (RTM) is emerging as an effective approach for predicting how and where crimes concentrate within cities and regions. However, in its previous applications there is a tendency to overestimate the influence of external environmental risks and preventive factors. Most studies applying RTM have investigated factors associated with the characteristics of the urban setting, whilst only a limited number have focused on identifying the risks associated with the availability and the characteristics of potential targets for criminals. This study uses RTM to identify the spatial risk and protective factors related to residential burglaries in the city of Milan, Italy. Factors considered are the neighbourhood- and target-related contextual factors, the exposure to crime and potential mitigating strategies. The results show that when the place and target of the offence are intrinsically related a target-oriented approach to select factors is useful for increasing the understanding of why some locations are most likely to experience future crimes. Indeed, the peculiarities of the target itself are integral to understan both the decision-making of criminals and the overall level of crime risk. Related policy implications are discussed. 相似文献
117.
Cosimo Marco Mazzoni 《Revista de derecho y genoma humano》2005,(22):115-132
This article fundamentally analyses the current protection that the Italian law offers to the embryo. Likewise, the author, contrary to those who are of the opinion that the embryo is a person subject to law, exposes his polemic theory in which he places the embryo within the scope of things. Specifically, he argues that the embryo has a quasi-personal category. In order to justify this, he analyses the moral and legal history of the statute of the embryo, he makes a difference between the biological life and the legal life. The author establishes that the concept of the person has been and will continue to be a very controversial concept, concluding with a study on the Italian legislation in respect to the protection of the embryo. 相似文献
118.
Irina Geiman B.S. Marco Leona Ph.D. John R. Lombardi Ph.D. 《Journal of forensic sciences》2009,54(4):947-952
Abstract: The applicability of Raman spectroscopy and surface‐enhanced Raman scattering (SERS) to the analysis of synthetic dyes commonly found in ballpoint inks was investigated in a comparative study. Spectra of 10 dyes were obtained using a dispersive system (633 nm, 785 nm lasers) and a Fourier transform system (1064 nm laser) under different analytical conditions (e.g., powdered pigments, solutions, thin layer chromatography [TLC] spots). While high fluorescence background and poor spectral quality often characterized the normal Raman spectra of the dyes studied, SERS was found to be generally helpful. Additionally, dye standards and a single ballpoint ink were developed on a TLC plate following a typical ink analysis procedure. SERS spectra were successfully collected directly from the TLC plate, thus demonstrating a possible forensic application for the technique. 相似文献
119.
Cristina Cattaneo Stefanie Ritz-Timme Peter Gabriel Daniele Gibelli Elena Giudici Pasquale Poppa Doerte Nohrden Sabine Assmann Roland Schmitt Marco Grandi 《Forensic science international》2009,183(1-3):e21-e24
The issue of juvenile pornography has seen an increase in the past few years of the number of expert opinions requested to forensic pathologists, paediatricians and other various experts within the forensic and medical fields concerning the age of represented individuals. Regardless of the entity of the problem, no actual method exists which can allow us to give an objective and scientific answer, particularly in the postpubertal stage. Using parameters related to sexual maturation can be very dangerous. Nonetheless some experts still insist with similar types of “expertises”. This study aims at verifying the ability of different experts in assessing age of postpubertal individuals represented in pornographic material. Results underline the difficulties and major uncertainties of age evaluation by visual observation of photographic material particularly when the subjects have reached the sexual maturation stage – and therefore in verifying whether the individual is above or below 18 years of age (an important age limit for most European countries as far as this type of crime is concerned). Furthermore the study stresses the need both to search for an alternate approach and to apply extreme caution in judicial evaluation. 相似文献
120.
Marco Pinfari 《冲突和恐怖主义研究》2017,40(2):122-138
This article presents and analyzes the “Obama supports terrorism” campaign, which was launched in Egypt in late June 2013 and was instrumental to the framing of some Islamist groups as terrorist both before and after the 3 July 2013 coup. The analysis of the visual material of the campaign highlights its reliance on various Western discourses from the War on Terror, including some whose religious and racial content is an odd fit for a non-Western, Muslim country like Egypt. Yet, despite the lack of a clear and unified causal narrative to justify such framing, the success of the campaign was crucially aided by the symbolic and rhetorical power its slogan, which provided a credible “schema of interpretation” for its supporters. 相似文献