11 resultados para The Rehnquist Court - judicial activism on the right

em AMS Tesi di Dottorato - Alm@DL - Università di Bologna


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Investigating parents’ formal engagement opportunities in public schools serves well to characterize the relationship between states and societies. While the relationship between parental involvement and students’ academic success has been thoroughly investigated, rarely has it been seen to indicate countries’ governing regimes. The researcher was curious to see whether and how does parents’ voice differ in different democracies. The hypothesis was that in mature regimes, institutional opportunities for formal parental engagement are plenty and parents are actively involved; while in young democracies there are less opportunities and the engagement is lower. The assumption was also that parental deliberation in expressing their dissatisfaction with schools differs across democracies: where it is more intense, there it translates to higher engagement. Parents’ informedness on relevant regulations and agendas was assumed to be equally average, and their demographic background to have similar effects on engagement. The comparative, most different systems design was employed where public middle schools last graders’ parents in Tartu, Estonia and in Huntsville, Alabama the United States served as a sample. The multidimensional study includes the theoretical review, country and community analyses, institutional analysis in terms of formal parental involvement, and parents’ survey. The findings revealed sizeable differences between parents’ engagement levels in Huntsville and Tartu. The results indicate passivity in both communities, while in Tartu the engagement seems to be alarmingly low. Furthermore, Tartu parents have much less institutional opportunities to engage. In the United States, multilevel efforts to engage parents are visible from local to federal level, in Estonia similar intentions seem to be missing and meaningful parental organizations do not exist. In terms of civic education there is much room for development in both countries. The road will be longer for a young democracy Estonia in transforming its institutional systems from formally democratic to inherently inclusive.

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The chapters of the thesis focus on a limited variety of selected themes in EU privacy and data protection law. Chapter 1 sets out the general introduction on the research topic. Chapter 2 touches upon the methodology used in the research. Chapter 3 conceptualises the basic notions from a legal standpoint. Chapter 4 examines the current regulatory regime applicable to digital health technologies, healthcare emergencies, privacy, and data protection. Chapter 5 provides case studies on the application deployed in the Covid-19 scenario, from the perspective of privacy and data protection. Chapter 6 addresses the post-Covid European regulatory initiatives on the subject matter, and its potential effects on privacy and data protection. Chapter 7 is the outcome of a six-month internship with a company in Italy and focuses on the protection of fundamental rights through common standardisation and certification, demonstrating that such standards can serve as supporting tools to guarantee the right to privacy and data protection in digital health technologies. The thesis concludes with the observation that finding and transposing European privacy and data protection standards into scenarios, such as public healthcare emergencies where digital health technologies are deployed, requires rapid coordination between the European Data Protection Authorities and the Member States guarantee that individual privacy and data protection rights are ensured.

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The thesis represents the conclusive outcome of the European Joint Doctorate programmein Law, Science & Technology funded by the European Commission with the instrument Marie Skłodowska-Curie Innovative Training Networks actions inside of the H2020, grantagreement n. 814177. The tension between data protection and privacy from one side, and the need of granting further uses of processed personal datails is investigated, drawing the lines of the technological development of the de-anonymization/re-identification risk with an explorative survey. After acknowledging its span, it is questioned whether a certain degree of anonymity can still be granted focusing on a double perspective: an objective and a subjective perspective. The objective perspective focuses on the data processing models per se, while the subjective perspective investigates whether the distribution of roles and responsibilities among stakeholders can ensure data anonymity.

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This research investigates the use of Artificial Intelligence (AI) systems for profiling and decision-making, and the consequences that it poses to rights and freedoms of individuals. In particular, the research considers that automated decision-making systems (ADMs) are opaque, can be biased, and their logic is correlation-based. For these reasons, ADMs do not take decisions as human beings do. Against this background, the risks for the rights of individuals combined with the demand for transparency of algorithms have created a debate on the need for a new 'right to explanation'. Assuming that, except in cases provided for by law, a decision made by a human does not entitle to a right to explanation, the question has been raised as to whether – if the decision is made by an algorithm – it is necessary to configure a right to explanation for the decision-subject. Therefore, the research addresses a right to explanation of automated decision-making, examining the relation between today’s technology and legal concepts of explanation, reasoning, and transparency. In particular, it focuses on the existence and scope of the right to explanation, considering legal and technical issues surrounding the use of ADMs. The research analyses the use of AI and the problems arising from it from a legal perspective, studying the EU legal framework – especially in the data protection field. In this context, a part of the research is focused on transparency requirements under the GDPR (namely, Articles 13–15, 22, as well as Recital 71). The research aims to outline an interpretative framework of such a right and make recommendations about its development, aiming to provide guidelines for an adequate explanation of automated decisions. Hence, the thesis analyses what an explanation might consist of, and the benefits of explainable AI – examined from legal and technical perspectives.

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From several researchers it appears that Italian adolescents and young people are grown up with commercial television which is accused to contain too much violence, sex, reality shows, advertising, cartoons which are watched from 1 to 4 hours daily. Adolescents are also great users of mobile phones and spend a lot of time to use it. Their academic results are below the average of Ocse States. However the widespread use of communication technology and social networks display also another side of adolescents who engage in media activism and political movement such as Ammazzateci tutti!, Indymedia, Movimento 5 Stelle, Movimento No Tav. In which way does the world economic crisis -with the specific problems of Italy as the cutting founds for school, academic research and welfare, the corruption of political class, mafia and camorra organisation induce a reaction in our adolescents and young people? Several researches inform us about their use of internet in terms of spending time but, more important, how internet, and the web 2.0, could be an instrument for their reaction? What do they do online? How they do it? Which is the meaning of their presence online? And, has their online activity a continuity offline? The research aims are: 1. Trough a participant observation of Social Network profiles opened by 10 young active citizens, I would seek to understand which kind of social or political activities they engage in online as individuals and which is the meaning of their presence online. 2. To observe and understand if adolescents and young people have a continuity of their socio-political engagement online in offline activities and which kind of experiences it is. 3. Try to comprehend which was (or which were) the significant, learning experiences that convinced them about the potential of the web as tool for their activism.

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The present study locates the challenges faced by defendants during cooperation proceedings in the context of the unique structural system of the Court, and the inherent tensions and limitations that characterize the ICC’s functioning. The study is divided into two parts. The first part sets out the institutional and jurisdictional context in which cooperation plays out at the ICC. Chapter 2 addresses the ICC dependence on cooperation from an institutional, a political and a normative dimension, showing that compliance with requests for cooperation is ultimately tied to State political willingness and international political pressure; Chapter 3 delves into the connection between cooperation and the complementary jurisdiction of the Court, criticising the ‘positive approach’ to complementarity endorsed by the Prosecutor in order to enhance states cooperation. The second part of the study addresses the impact that cooperation occurring in the above-explained context has on the right to liberty of defendants and on equality of arms. Chapter 4 and 5 analyse the ICC’s law protecting the selected rights, as well as the practice regarding allegations of violations of these rights brought forward by some defendants. It concludes that, so far, the organs of the Court (i.e., the Prosecutor and the judges) have failed to engage with the structural tensions and limitations of the Court with a view of protecting the rights of suspects and accused.

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The thesis aims at exploring possible legal solutions to remove the obstacles to the free circulation of judgments in the civil justice area that arise from the remarkably diverging national rules on procedural time limits. As shown by the case-law of the CJEU, time limits have recently come under closer scrutiny. The interplay between national and EU law illustrates that time limits raise significant deficiencies connected with the right to a fair trial under Art. 6 ECHR and Art. 47 CFR – e.g. the effective recovery of claims, effective judicial protection, effective cross-border enforcement of judgments – which negatively impact EU cross-border civil litigation. In order to overcome some of the weaknesses of the current legal framework governing the cross-border enforcement of judgments and strengthen the parties’ fundamental procedural rights the PhD thesis intends to determine whether and, to what extent time limits can be harmonised at EU level. EU action on time limits would indeed favour the speed, efficiency and proportionality of cross-border proceedings without sacrificing the fairness of the judicial process and the equality of the parties

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In many communities, supplying water for the people is a huge task and the fact that this essential service can be carried out by the private sector respecting the right to water, is a debated issue. This dissertation investigates the mechanisms through which a 'perceived rights violation' - which represents a specific form of perceived injustice which derives from the violation of absolute moral principles – can promote collective action. Indeed, literature on morality and collective action suggests that even if many people apparently sustain high moral principles (like human rights), only a minority decides to act in order to defend them. Taking advantage of the political situation in Italy, and the recent mobilization for "public water" we hypothesized that, because of its "sacred value", the perceived violation of the right to water facilitates identification with the social movement and activism. Through five studies adopting qualitative and quantitative methods, we confirmed our hypotheses demonstrating that the perceived violation of the right to water can sustain activism and it can influence vote intentions at the referendum for 'public water'. This path to collective action coexists with other 'classical' predictors of collective action, like instrumental factors (personal advantages, efficacy beliefs) and anger. The perceived rights violation can derive both from personal values (i.e. universalism) and external factors (i.e. a mobilization campaign). Furthermore, we demonstrated that it is possible to enhance the perceived violation of the right to water and anger through a specifically designed communication campaign. The final chapter summarizes the main findings and discusses the results, suggesting some innovative line of research for collective action literature.

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The present work aims at reconstructing the archaeological contexts and analyzing the material culture of the site of Europos. This archaeological site is located in southern Turkey, at the border with Syria, along the right shore of the Euphrates River. The Classical city rose above the remains of the Hittite Karkemish. The present work collects the results of the archaeological expeditions launched by the British Museum in the late 19th and early 20th century, never published, and the ones of the new Turco-Italian Joint Expedition, started in 2011. Europos had an uninterrupted life from the 3rd century BC to the 10th century AD, throughout the Hellenistic, Roman and Byzantine periods, all examined in the present work.

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The dissertation explores the relationship between projects for urban blocks and the discourses on the city between the late 1960s and the 1980s, with a particular focus on the blocks of the Internationale Bauausstellung (IBA) Berlin 1979-87. The main research questions center on whether and how the block changed in connection with the emerging ideas of the city during this period and whether these changes had, in turn, effects on the whole city. Thus far, despite extensive research on the theories and the ideas of the city between the 1960s and 1980s, there is a lack of studies that interweave this research with insights into the block. To fill this gap, this dissertation examines how the block was thematized in the 1970s discourses on the city. It highlights projects for blocks designed between the late 1960s and the 70s in various European cities, particularly West Berlin. Then, it focuses on the blocks of the IBA Berlin 1979-87, examining them through theory, history, and drawings. The study of the examples reveals three distinctive aspects of all blocks considered in the dissertation: the overcoming of small private plots, the individualization of the buildings, and the accessibility of the courtyards from public streets. These aspects reflect the changing understandings of the city and of the urban spaces in the 1970s and 1980s, which resulted in new compositional logics of the block. When examined with critical distance, the blocks of the 1970s and 80s offer a lesson in architectural and urban composition which is still current. - The author has made every effort to contact the owners of the copyrights of the material in the dissertation. The author is available to the right holders with whom it was not possible to communicate as well as for any omissions or inaccuracies in quoting the sources.