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Letteratura scientifica selezionata sul tema "Dissenting opinions"

Autore: Grafiati

Pubblicato: 4 giugno 2021

Ultima modifica: 29 luglio 2024

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Articoli di riviste sul tema "Dissenting opinions"

Nefedieva, E. A., e Yu G. Khamnuev. "Judge’s dissenting opinion of the Constitutional Court: characteristics of a legal institute". Siberian Law Herald 3 (2021): 14–17. http://dx.doi.org/10.26516/2071-8136.2021.3.14.

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The institute of judicial dissenting opinions in the different fields of procedure law was actively studied from 2005 to 2021 in Russia. At the same time, dissenting opinions are regulated sparsely and fragmentarily in law. A content analysis of scientific articles about dissenting opinions helped to form a relevant selection of articles about the institute of dissenting opinions. A semantic analysis of the articles showed that dissenting opinions was studying mostly in the constitutional judicial procedure. The institutional characteristics of dissenting opinions were not studied separately. It has been proved that a dissenting opinion in a constitutional court has institutional characteristics which settled in the theory of law. The regulation of this institute is a homogeneous nature, the rules are systematically arranged, interrelated, isolated in separate articles of the law. Thus, these conclusions will help to find gaps and defects in the current regulation of dissenting opinions in constitutional judicial procedure.

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Simanjuntak, Louis Fernando, Elis Rusmiati e Budi Arta Atmaja. "Dissenting Opinion of Corruption Court Judges as a Form of Freedom and Legal Reform in Indonesia". Corruptio 4, n. 2 (22 dicembre 2023): 117–26. http://dx.doi.org/10.25041/corruptio.v4i2.3050.

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The existence of dissenting opinions is a step in organizing law enforcement. This is also an important issue in organizing judicial power in relation to the 1945 Constitution and Law No. 48/2009 on Judicial Power. In Indonesia itself, judges are allowed to give dissenting opinions, although there has never been a clear definition of dissenting opinions. In Anglo-Saxon law, dissenting opinions have become commonplace, and these dissenting opinions often form new laws. This is in line with the term "judge made law". Therefore, the existence of dissenting opinion is very important, because it can continue to update the existing law.This research includes normative or doctrinal legal analysis because it wants an accurate and clear picture of the judge's dissenting opinion on the verdict of a corruption case. To explain and find answers to problems, theories are used as the basis for analysis, namely Legal Certainty Theory, Judicial Power Theory, Evidence Theory, Legal Construction Theory, and Sentencing Theory.The impact of the application of dissenting opinions by judges is an instrument towards a better quality of law enforcement, not just a matter of majority and minority in the consideration of judges but a consideration of whether or not a criminal offense has been proven. Therefore, further regulation of the conception of dissenting opinions in Indonesia is important. Legal reform of the Criminal Procedure Code in Indonesia and dissenting opinions must be regulated in the Criminal Procedure Code, precisely in the decree article 197, so that it becomes part of the consideration of a decision. The mechanism for entering dissenting opinions needs to be further regulated so that it becomes a form of transparency to the public.

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Goryacheva, Anastasia, e Natalia Kisliakova. "Non-recognition of Dissenting Opinions in CAS as a Controversial and Unresolved Matter". Journal of International Arbitration 39, Issue 2 (1 marzo 2022): 233–62. http://dx.doi.org/10.54648/joia2022010.

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In this article the authors cover the problem of expressly established non-recognition of dissenting opinions (separate opinions) in the Court of Arbitration for Sport (CAS) being uncommon for arbitration institutes. In particular, the authors analyse approaches to dissenting opinions in various national legal systems and arbitration institutes (as well as other dispute resolution bodies) which mainly allow dissenting opinions (as described below). The main focus and goal of this article is to explore possible considerations that might have led to non-recognition of dissenting opinions in CAS proceedings and whether this is common in arbitration and international justice. Having researched this question, the authors conclude that the origins of such a substantive influence on the existing regulation could be: (1) the CAS’s precedent role; and (2) the influence of Swiss law as lex arbitri. The authors also conduct substantial analysis of existing views, asking whether the lack of dissenting opinion is a positive or a negative feature and conclude that the dissenting opinion is still very controversial regarding its impact. The chosen topic is important because the approach of various dispute resolution bodies seems not to be unanimous and there is no global tendency in this respect. The topic is especially timely, considering the recent decision of a Frankfurt Court of Appeal which refused to enforce an International Chamber of Commerce (ICC) award due (among other reasons) to the existing dissent which in the opinion of the court violated public policy. dissenting opinions, separate opinions, concurring opinions, arbitral awards, the Court of Arbitration for Sport (CAS), sports arbitration, international arbitration, decision, award, alternative dispute resolution, arbitrators, deliberation, joint or individual opinions

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Harahap, Arbi Mahmuda, Catur Wido Haruni e Sholahuddin Al-Fatih. "Juridical Analysis of Dissenting Opinions of Constitutional Judges in Constitutional Court Decisions". Jurnal Scientia Indonesia 8, n. 1 (30 aprile 2022): 89–114. http://dx.doi.org/10.15294/jsi.v8i1.36048.

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This research will raise the issue that will be studied is, First, the regulation of dissenting opinion in the Constitutional Court's Event Law. Second, the legal power of dissenting opinion in the Constitutional Court Decision. Third, the legal implications of dissenting opinion in the Constitutional Court Decision. This resulted in the conclusion First, the arrangement of dissenting opinions in the constitutional court's guidelines in this case in the FMD cannot be found as a whole. The arrangement of dissenting opinion in the PMK independence of constitutional judges in conveying their opinions is still maintained. Second, explicitly, there is no setting on dissenting opinion. The phrase used in Law No. 24 of 2003 concerning the Constitutional Court is "the opinion of different members of the panel of judges". Third, the legal implications of dissenting opinion in the Constitutional Court's decision are legal uncertainty, violation of the hierarchy of laws and regulations, and the absence of legal order. The formulation of dissenting opinion is necessary to clarify its position in the law of events in the Constitutional Court. This can only be done if the legal instruments that govern it give full legitimacy to constitutional judges in dissenting. The author's advice in this study is to strengthen the legal power of dissenting opinion, as a preventive measure against future legal reforms to ensure certainty, justice. and the usefulness of the law for the whole society

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KARPENKO, Konstantin V. "DISSENTING OPINION IN THE CONSTITUTIONAL JUSTICE AND THE EVOLUTION OF LEGAL SCIENCE". Tyumen State University Herald. Social, Economic, and Law Research 7, n. 4 (2021): 167–82. http://dx.doi.org/10.21684/2411-7897-2021-7-4-167-182.

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The article deals with the influence of the dissenting opinions of constitutional judges on the development of legal science. This issue is usually very important for constitutional and legal science as its understanding and practical resolution influence the authority of constitutional justice in a state. The dissenting opinion of any judge is their right to express their reasoned disapproval of the rendered decision, formulated in writing and attached to the court decision. Dissenting opinions in constitutional proceedings are of increased importance, because decisions of constitutional courts are aimed to protect law and order in general and are addressed to entire population. The dissenting opinions of constitutional judges contribute to the development of legal science in two aspects. On the one hand, they can contain new ideas, theories and approaches to law, with the help of which new categories and concepts are introduced into scientific discussion. On the other hand, dissenting opinions make often wide references to foreign experience in resolving legal conflicts. In this case, dissenting opinions fit into the framework of comparative legal research and allow taking into account the judicial practice and judicial argumentation of other countries and legal systems. Both aspects contribute to the expansion of the doctrinal base of legal science, pose and solve new problems, increase the need for scientific discussion. This study is based on a formal-dogmatic scientific method, which is aimed at disclosing the true meaning of legal positions of judges presented in dissenting opinions. A systematic method is also used, which allows to identify and classify single areas of scientific knowledge. The author also applies the comparative legal method, which consists in comparing different legal positions in the dissenting opinions of judges. The novelty of the research is in determination of contribution of dissenting opinions of constitutional judges to the development of legal science.

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Nefedyeva, Evgeniya. "The Purpose and the Functions of the Institute of Dissenting Opinion of Judge in the Constitutional Proceeding". Academic Law Journal 22, n. 4 (27 dicembre 2021): 369–78. http://dx.doi.org/10.17150/1819-0928.2021.22(4).369-378.

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At the end of October 2021, the Constitutional Court of the Russian Federation celebrated its 30-year anniversary. Dissenting opinions of constitutional judges was playing an important role in the establishment and development of constitutional justice in Russia, democratic foundations and principles and the protection of human rights. Judges actively used their right to express dissenting opinions. Thus, during the whole period of the Constitutional Court›s work 27 of 32 judges used the right to express dissenting opinions. 418 dissenting opinions were published. However, quantitative indicators do not fully reflect the purpose and role of this institution for the development of Russian law and science. Functions and goals of the legal institute allows to determine its mission in the legal regulation and help to evaluate the effectiveness of its work. In other words, we can understand the purpose for which this institute is built into the relevant legislative regulation. In this article, author identifies the sole purpose of the institute of dissenting opinion in constitutional proceeding: the development of law and the rule of law. By further decomposing the purpose, three groups of functions of this institution are identifi ed: intrasubjective, organizational and external, which are divided into a number of subfunctions. The practice of the Constitutional Court of previous years demonstrates that in the case of granting to a judge the right to express dissenting opinion with its further publication, not only all three groups of functions of this institution are fulfi lled, but also the achievement of the institution's purpose is inevitable. In the current legal regulation, after the 2020 reform, two groups of functions are blocked and are not fulfi lled due to the fact that dissenting opinions are no longer published. This leads to the conclusion that the judge's right to express a dissenting opinion is not properly implemented, and the institution itself is not working effectively.

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Hinkle, Rachael K., e Michael J. Nelson. "How to Lose Cases and Influence People". Statistics, Politics and Policy 8, n. 2 (20 dicembre 2017): 195–221. http://dx.doi.org/10.1515/spp-2017-0013.

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Abstract Dissenting opinions are common in the US Supreme Court even though they take time and effort, risk infuriating colleagues, and have no precedential value. In spite of these drawbacks, dissents can potentially contribute to future legal development. We theorize that dissenting justices who use more memorable language are more successful in achieving such long-term impact. To test this theory, we amass an original dataset of citations to dissenting opinions extracted directly from majority opinion text. We further leverage these texts to build an algorithm that quantifies the distinctiveness of dissenting language within a dynamic context. Our results indicate that dissents using more negative emotion and more distinctive words are cited more in future majority opinions. These results contribute to our understanding of how language can influence long-term policy development.

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Bradbury, Michael E., e Julie A. Harrison. "The FASB's Dissenting Opinions". Accounting Horizons 29, n. 2 (1 gennaio 2015): 363–75. http://dx.doi.org/10.2308/acch-51037.

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SYNOPSIS This paper provides a commentary on the results of a content analysis of dissenting opinions in Financial Accounting Standards Board (FASB) standards. During 1973 to 2009 the FASB issued 171 financial accounting standards. Half of these standards contained dissenting opinions. We identify and classify dissenting opinions based on whether the arguments are conceptual (conceptual framework-related or non-framework-related) or non-conceptual (e.g., scope, due process). We examine whether the types and frequencies of arguments change over time in response to the development of the FASB's conceptual framework and provide a commentary on the role of these opinions and the usefulness of analyzing them for research and practice. Our main finding from our analysis is that conceptual arguments are the most frequently used in the dissenting opinions, both before and after the introduction of the conceptual framework. However, of note is that many of the arguments raised, while conceptual in nature, are not from the conceptual framework. We suggest this indicates either a need for the conceptual framework language to be more widely used by the authors of dissenting opinions and/or the emergence of new conceptual arguments that may be relevant for future revisions of the conceptual framework.

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Kelemen, Katalin. "Dissenting Opinions in Constitutional Courts". German Law Journal 14, n. 8 (1 agosto 2013): 1345–71. http://dx.doi.org/10.1017/s2071832200002297.

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Although long considered alien to the civil law tradition, the publication of separate dissenting or concurring opinions is now permitted by the majority of European constitutional courts, the only exceptions being the Austrian, Belgian, French, Italian, and Luxembourgish constitutional courts. The decades-long history of dissenting opinions in the practice of several European constitutional courts calls for an analysis. While there is an extensive literature in the United States regarding the use of dissenting opinions, comprehensive empirical research is still absent in Europe. American scholars have conducted research from several different points of view. Legal scholars have dealt primarily with the relationship between dissenting opinions and the doctrine of binding precedent, and have tried to solve the problem of the precedential value of plurality decisions, e.g. decisions lacking a reasoning shared by the majority of the judges. Political scientists, for their part, have studied the policy-making role of judges and strategic opinion-writing. Scholars of law and economics have analyzed the costs and benefits of writing separately. Even judges themselves have often expressed their own thoughts in essays or conference speeches on the matter.

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Goźdź-Roszkowski, Stanisław. "Marriage, Liberty and Constitution: a Corpusassisted Study of Value-Laden Words in Legal Argumentation". Research in Language 17, n. 1 (30 marzo 2019): 71–91. http://dx.doi.org/10.2478/rela-2019-0006.

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This paper investigates the interplay between judicial argumentation and evaluative or emotive language identified in two US Supreme Court landmark cases on the right of same-sex couples to marry. The analysis of both majority and dissenting opinions leads to two main observations. First, marriage and liberty are indeed emotive words and they represent two major sites of contention between the concurring and dissenting judges. Second, there are important differences within the argumentative strategies employed by the judges. While (re)defining the concepts remains the major argumentative goal for both types of opinion, the majority opinions tacitly integrate the redefined concept of marriage into their argumentation. It is the dissenting opinions that explicitly raise the issue of (re)definition in order to defend and retain the original sense of marriage.

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Più fonti

Tesi sul tema "Dissenting opinions"

Lynch, Andrew Law Faculty of Law UNSW. "The impact of dissenting opinions upon the development of Australian constitutional law". Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/21996.

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This thesis aims to assess the role played by disagreement in the High Court???s constitutional law decisions. It does so firstly by considering the theoretical arguments in favour of allowing expression of dissent and those which urge judicial restraint and observance of precedential values. The tensions between change and conformity, and also the individual and institutional aspects of adjudication, intersect when the Court divides. The complex nature of disagreement on a multimember judicial body is further examined in the context of devising an empirical methodology for the quantification of dissent on the High Court. The thesis selects a period of a little over twenty years for detailed examination. Within that timeframe, it measures the prevalence and nature of disagreement amongst the Justices of the Court, with particular emphasis upon constitutional cases. From these results, various streams of opinion are examined for subsequent significance. In particular, the thesis contrasts the practice of persistent dissent from the Court???s approach to an issue, with those occasions when a minority Justice yields to the demands of stare decisis. The impact of dissent upon the development of the Court???s constitutional interpretation is evaluated. Although the study finds that direct reversals in the law in favour of an earlier dissent occur very rarely, it argues that dissents may still exercise a powerful influence on the Court???s pronouncements. The contribution which minority opinions make to judicial deliberation is to inevitably alter the context of the Court???s decision. Consideration of two specific case studies illustrates that this may result in the law taking a more moderate path or may actually lead to greater efforts by a majority to strengthen the cogency of its approach. In either scenario, dissent plays a far more subtle role than suggested by the myth of a ???Great Dissenter??? and the dramatic redemption of his or her lone opinions. To only assess the value of dissenting judgments against that standard is to fail to appreciate the true nature of their influence in many cases and their importance to the work of the High Court.

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Moro, Viviane Tozzi. "O direito de apontar o árbitro de parte e a independência deste". Master's thesis, 2019. http://hdl.handle.net/10362/73613.

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One of the features of arbitration, and one of its advantages, is the possibility for the parties to decide on how they will conduct the procedure, choose the number of arbitrators and which arbitrators will judge the dispute, dissociating themselves from the pre-established rules and the slowness of the state judicial system. After the arbitral tribunal formation, the arbitrators have the duty of independence and impartiality throughout the trial. Practice shows, however, that the parties do not always fully rely on the impartiality and independence of the arbitrator who has been appointed by the other party. It may also occur that the arbitrator is tempted to defend the party that has appointed him, mainly by issuing dissenting opinions, which shows that he or she does not agree with all or part of the arbitral award. This tesis analyzes the right of the parties to appoint their arbitrator, as well as the relationship of trust of the parties in the arbitral tribunal and the impartiality and independence of the arbitrators.
Um dos pressupostos da arbitragem, e uma de suas vantagens, é a possibilidade de as partes decidirem livremente acerca da forma como conduzirão o procedimento, o número de árbitros e quais os árbitros que irão apreciar o litígio, desvinculando-se das regras pré-estabelecidas e da morosidade do sistema judiciário estatal. Após a formação do tribunal arbitral, os árbitros têm o dever de independência e imparcialidade em todo o julgamento. A prática revela, no entanto, que nem sempre as partes confiam integralmente na imparcialidade e independência do árbitro que foi indicado pela outra parte. O árbitro pode, ainda, se sentir tentado a defender a parte que lhe indicou, principalmente com a emissão de votos dissidentes, na qual demonstra não concordar com toda ou parte da sentença arbitral. Este trabalho se propõe a analisar o direito das partes indicarem seu árbitro, bem como a relação de confiança das partes no tribunal arbitral e a imparcialidade e independência dos árbitros.

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Libri sul tema "Dissenting opinions"

Kimura, Doreen. Dissenting opinions. Vancouver: 3 Wolves Press, 2002.

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Wijayanta, Tata. Perbedaan pendapat dalam putusan pengadilan. Sleman, Yogyakarta: Pustaka Yustisia, 2011.

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Wendell, Holmes Oliver. The dissenting opinions of Mr. Justice Holmes. Holmes Beach, Fla: Gaunt, 1996.

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A, Anzon, e Italy Corte costituzionale, a cura di. L' opinione dissenziente: Atti del seminario svoltosi in Roma, Palazzo della consulta, nei giorni 5 e 6 novembre 1993 : con un'antologia di opinioni dissenzienti di giudici costituzionali e internazionali. Milano: A. Giuffrè, 1995.

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Sansó, Hildegard Rondón de. El otro lado de la razón. Valencia: Vadell Hermanos Editores, 1994.

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1941-, Marzuki M. Laica, e Indonesia. Mahkamah Konstitusi. Sekretariat Jenderal dan Kepaniteraan., a cura di. Dari Timur ke Barat memandu hukum: Pemikiran hukum Wakil Ketua Mahkamah Konstitusi Prof. Dr. H. M. Laica Marzuki, S.H. Jakarta: Setjen dan Kepaniteraan, Mahkamah Konstitusi, 2008.

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Regina, Graycar, a cura di. Dissenting opinions: Feminist explorations in law and society. Sydney: Allen & Unwin Australia Pty, 1990.

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Rolf, Lamprecht. Richter contra Richter: Abweichende Meinungen und ihre Bedeutung für die Rechtskultur. Baden-Baden: Nomos, 1992.

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Capitoli di libri sul tema "Dissenting opinions"

Tauer, Carol A. "Donum Vitae: Dissenting Opinions on the “Simple Case” of In Vitro Fertilization". In Infertility, 125–46. Dordrecht: Springer Netherlands, 1997. http://dx.doi.org/10.1007/978-94-009-0269-5_9.

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Bodansky, Daniel. "Dissenting Opinion of Gavan Griffith QC". In Permanent Court of Arbitration Award Series, 93–132. The Hague: T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-435-6_4.

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Lopate, Phillip. "Coda: What “Golden Age”? A Dissenting Opinion". In When the Movies Mattered, a cura di Jonathan Kirshner e Jon Lewis, 164–76. Ithaca, NY: Cornell University Press, 2019. http://dx.doi.org/10.1515/9781501736117-011.

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Machacek, Rudolf. "Pro und Kontra Dissenting Opinion für den Verfassungsgerichtshof". In Staatsrecht und Staatswissenschaften in Zeiten des Wandels, 361–71. Vienna: Springer Vienna, 1992. http://dx.doi.org/10.1007/978-3-7091-6682-6_29.

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Tochtermann, Peter. "Dissenting opinions". In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0185.

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A dissenting opinion expressed separately by a judge of a panel in accordance with Article 78 of the Agreement shall be reasoned, given in writing and shall be signed by the judge expressing this opinion.

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"Dissenting opinion". In Reports of Judgments, Advisory Opinions and Orders, 91. United Nations, 2022. http://dx.doi.org/10.18356/9789210012614c008.

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"Dissenting opinion". In Judgments, Orders and Advisory Opinions: Vol. 6, 1930, 173–222. United Nations, 2022. http://dx.doi.org/10.18356/9789210012607c005.

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"Dissenting opinion of Judge Yusuf". In Reports of Judgments, Advisory Opinions and Orders, 38–43. United Nations, 2023. http://dx.doi.org/10.18356/9789210013789c007.

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"Dissenting opinion by Count Rostworowski". In Reports of Judgments, Advisory Opinions and Orders, 128–61. United Nations, 2022. http://dx.doi.org/10.18356/9789210012614c013.

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Atti di convegni sul tema "Dissenting opinions"

Kowalski, Patryk. "Polish Voivodship Administrative Court’s Dissenting Opinions in Direct Tax Cases (2004-2018). Quantitative and Qualitative Analysis". In 8th International Conference on Modern Approach in Humanities. Acavent, 2020. http://dx.doi.org/10.33422/8th.mah.2020.02.16.

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Musgrave, David Christopher. "The Social Brain & Team Decision Making: Lessons from Neuroscience on Safe, Reliable Work". In Offshore Technology Conference. OTC, 2022. http://dx.doi.org/10.4043/32097-ms.

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Abstract As teams plan and coordinate work, some do so better than others when ensuring a group process that is free from error. Generally, the saying ‘two brains are better than one’ is very true, but only if a focus on inoculating against social-brain hazards is installed within the work system. Examples include avoiding groupthink and other related error traps that lead to flawed planning, increased risk, or catastrophe. Many work-related critical errors stem from the natural functioning of the brain, including when several team members come together to communicate about the work but succumb to social norms embedded in our habitual interactions with peers. It is important for organizations to apply enhanced communication processes to detect latent conditions to ensure operations are planned safely, anomalies are detected through focused attention and discussion, and so that dissenting opinions are raised despite human biology that prompts us all to remain quiet and not disrupt the status quo, or question well regarded others. Companies around the world are improving the way important communications occur to ensure the most critical tasks execute as planned and operations are kept in control. The discipline of Human Performance Improvement has allowed organizations to now take better control of the human factor with a focus on communication, job task design enhancement, and employee education on error prevention. Science based interventions that harness the power of the social brain and improve decision quality and foster situational awareness, yield powerful results that allow employees to detect weak signals amongst equipment but also the team, and other latent error conditions that are aligning to create a brewing storm leading to upset operations, injuries, or catastrophe. We know a lot about how human beings naturally interact at work, so keeping the helpful portion of this in place and addressing natural limitations built within our neuroscience are the key to sustainably safe operations respectful of the people who run them. Results include: Capacity-Yield/On time performance improvements of 27% to 65%Rework/waste reductions of 27% to 45%Absenteeism reductions of 15% to 37%Talent retention improvement of 21% to 60%Productivity increases of 18% to 47%Recordable injury reductions of 25% to 95% As our systems and work design continues to improve, the greater the impetus to apply human performance science to address the human side of how work really gets done. Most interventions focus on awareness training, and presentation of academic models to people who execute the work. A better approach harnesses the science but integrates it into the natural way work happens. Knowing how people tick, paired with practical tweaks to systems makes all the difference.

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Roberts, Bryony, Lindsay Harkema e Lori Brown. "Spatializing Reproductive Justice". In 112th ACSA Annual Meeting. ACSA Press, 2024. http://dx.doi.org/10.35483/acsa.am.112.42.

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Coined in 1994 by a caucus of Black women activists, reproductive justice is the “human right to maintain personal bodily autonomy, have children, not have children, and parent the children we have in safe and sustainable communities”.1 After the overturn of Roe v. Wade, access to reproductive healthcare is radically restricted across the U.S., compounding systemic race, gender, and class-based inequities that have always made healthcare inaccessible for many. The landmark Dobbs v. Jackson Women’s Health Organization decision in 2022 rolled back nearly 50 years of reproductive rights protections and unleashed a plethora of laws that make it more difficult to access reproductive health care, riskier to assist those seeking care, and precarious to teach about issues of race, gender, and sexuality. As stated in the dissenting opinion by Justices Breyer, Sotomayor, and Kagan, “Whatever the exact scope of the coming laws, one result of today’s decision is certain: the curtailment of women’s rights, and of their status as free and equal citizens.”2 In the U.S. today, bodily autonomy and academic freedom are geographically situated. Within this context of curtailed freedoms, architects and educators must confront the spatial realities of these restrictions. New dialogues must emerge at architecture’s intersectional edges – between designers, activists, social justice advocates, legal experts, public health practitioners, and students – to explore how the built environment can better support human lives.

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Rapporti di organizzazioni sul tema "Dissenting opinions"

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On the occasion of Associate Justice Stephen Breyer retiring at the end of this US Supreme Court term, Jonathan Band, who represents and advises the Association of Research Libraries (ARL) on copyright issues, wrote a reflection on Breyer’s impact on the application of copyright law to libraries. In this brief paper, Band reviews Breyer’s majority opinion in Kirtsaeng v. Wiley (2013), which clarified that the first-sale doctrine applied to copies manufactured abroad, and the dissenting opinion Breyer wrote in Golan v. Holder (2012), in which the associate justice drew heavily on amicus briefs filed by the library community and provided language on the important role of libraries in preserving cultural heritage that can be cited in future cases. These two opinions, Band concludes, “reflect a deep understanding of the impact of copyright on libraries, an appreciation for the historic mission of libraries in promoting cultural heritage and making information accessible to the public, and an effort to apply the copyright law in a manner that does not interfere with this mission.”

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