In this thesis I argue against the proportionality test in human rights adjudication, and provide a framework for understanding the proportionality debate. I identify two accounts of proportionality. One sees proportionality as a doctrinal tool aimed at maximising rights and public interests. The other sees proportionality as allowing for open- ended moral reasoning. I analyse the two accounts and identify their main deficiencies. I argue against both conceptions, and conclude that defenders of proportionality are in the following dilemma: either proportionality is insensitive to important moral considerations related to human rights and their limitations, and thus it is an unsuitable tool for human rights adjudication; or proportionality can accommodate the relevant moral considerations, but at the price of leaving the judge undirected, unaided by the law. I will further argue that lack of guidance is a deficiency in legal adjudication, which has important negative effects.

The ethnic composition of the United States is diversifying (NCES, 2014), which is altering the types of ethnicities seen in America’s school system. Beginning in the late 1980s and continuing into the two decades following, educators of ethnic minorities (e.g., Black, Hispanic, Asian) began entering the field of education at a more rapid pace (Ingersoll & May, 2016). The number of educators considered ethnic minorities increased from 325,000 to 666,000 between 1987 and 2012 (Ingersoll & May, 2016); however, this number did not create a proportionality between the ethnicity of students and teachers. This has been linked to the achievement gap between ethnic minorities and Caucasian students in public high schools in America, according to researchers Gershenson, Holt, and Papageorge (2016). The hypothesis that a school division that employs a proportionate number of licensed ethnic minority teachers directly reflecting the population of ethnic minority students will aid in closing the achievement gap can only be considered by first determining whether differences exists between licensed ethnic minority teachers and ethnic minority students. This study investigated the ethnicities of teachers and those of students in high schools in each school division located in the Commonwealth of Virginia. The ethnicities of the teachers in each high school were collected by contacting the Human Resources department in each school division or by telephoning each high school. The ethnicity of students in Grades 9– 12 was collected using the Virginia Department of Education’s website. There were five key findings gleaned from this study. The first finding was that school divisions with the highest levels of representation between the ethnicities of students and teachers were either the largest of the reporting 24 school divisions, or in the smallest of the 24 reporting school divisions. The second finding shows that 45% or reporting school divisions had minority populations that were too small to report. Finding three shows the majority of high school students from participating school divisions identify as White, followed by Black and Hispanic. The fourth finding is that the majority of high school teachers from participating school division identify as White followed by Black. Finally finding five shows that teachers and students that identify as Native Hawaiian, American Indian, Asian, or as having two or more ethnicities were either underrepresented or not reported. / Ed. D. / The United States is becoming increasing diverse, which also changes the ethnic makeup of public schools. With this increase, came an interest into how the ethnicities of teachers in schools reflects that of the student populations. While there has been an increase in the number of educators considered ethnic minorities this number did not create a proportionality between the ethnicity of students and teachers. This gap in ethnic representation between students and teachers has been linked to the achievement gap between ethnic minorities and Caucasian students. It is believed that a school division that has a teaching staff whose ethnicity is reflective of the student population will aid in closing the achievement gap. This theory can only be considered by discovering whether differences between licensed ethnic minority teachers and ethnic minority students actually exist. This study investigated the ethnicities of teachers and those of students in high schools in each school division located in the Commonwealth of Virginia. The ethnicities of the teachers in each comprehensive high school was collected by using a survey sent to the 130 school divisions in the Commonwealth of Virginia. The ethnicity data for students in grades 9-12 was gathered from the Virginia Department of Education website. This study found that the largest and smallest school divisions had the highest levels of representation between the ethnicities of students and teachers. Almost half of reporting school divisions had minority population that were too small to report. The majority of teachers and students in the reporting school divisions are White, followed by Black. In addition teachers and students identifying as Native Hawaiian, American Indian, Asian or as having two or more ethnicities were underrepresented or not reported.

No / 33rd International Labour Process Conference, Athens, Greece

Thesis (Ph.D.)--George Mason University, 2008. / Vita: p. 140. Thesis director: Peter J. Boettke. Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Economics. Title from PDF t.p. (viewed July 18, 2008). Includes bibliographical references (p. 124-139). Also issued in print.

Thesis (Ph.D.)--Georgetown University, 2009. / Includes bibliographical references.

The ethnic demographic composition of the United States is changing (NCES, 2014). The increase in diversity in the country, has changed the ethnic demographic composition in public schools. In the 1980s the United States saw an increase in minority educators in public schools (Ingersoll and May, 2016) that continued to rise over the next two decades. Currently, the percentage of minority students in public schools exceeds the percentage of White students. Specifically, in the Commonwealth of Virginia 49% of public school students are ethnic minorities (TDVEP, 2017). The increase in diversity in both students and teachers did not create proportional representation between the two groups. The hypothesis that a school division with a proportionate ethnic demographic representation of teachers and students will increase student academic performance can be measured by determining whether a disparity between licensed minority teachers and minority students exist. This study investigated the status of student academic performance based on the ethnic demographic representation of public middle school teachers and students in the Commonwealth of Virginia. The ethnicities of teachers and students in all comprehensive middle school students were collected and reported by the Virginia Department of Education (VDOE). The Reading and Mathematics Standards of Learning Pass rates data were also collected and reported by the VDOE. There were seven key findings collected from this study. The first finding was when reviewing for disproportionality of targeted subgroups, the teacher student ratio indicated an overrepresentation of White teachers to White students. The second finding was five of the eight middle schools with the highest Hispanic disproportionality rates when considering the ratio of Hispanic teachers to Hispanic students were in the Commonwealth of Virginia's, Superintendent's Region 4. Finding three indicates that Asian students, even in schools with high disproportionality rates, exceeded state benchmarks for SOL pass rates in Reading and Mathematics. Finding 4 revealed seven of the eight middle schools (88%) with the highest disproportionality rates for Black students had reading SOL pass rates below the state benchmark. Finding 5 indicates that when reviewing the number of schools with disproportionate representation for any of the subgroups, disproportional representation of Hispanic teachers to students was the most frequently identified. The sixth finding was When reviewing the number of schools with disproportionate representation for any of the subgroups, disproportional representation of Black teachers to students was the second most frequently identified. Finally, finding seven displays Hispanic students in all eight schools with the highest disproportionality rates of Hispanic teachers to Hispanic students fell below the state benchmarks in SOL pass rates. / Doctor of Education / For the first time in decades, the percentage of minority students in public education has exceeded the percentage of White students in the United States public schools. The increase in the number of minority students in public schools changes the demographic makeup of schools across the country. While research has cited an increase in minority teachers in public schools, there has also been research to show the disparity between student and teacher demographics. Specifically, in the Commonwealth of Virginia, there is a greater disparity between teacher and student ethnic representation than its regional counterparts. The demographic gap between teachers and students in public schools has been connected to the achievement gap between minority students and White students. It is argued that schools that have a teaching staff whose ethnic demographics match the ethnicities of their student population show positive trends in student academic performance. This argument can only be measured by finding whether a disparity between licensed minority teachers and students exists. This study investigated the status of student academic performance based on the ethnic demographic representation of public middle school teachers and students in the Commonwealth of Virginia. The ethnicities of the teachers and students in Grades 6-8 each in each comprehensive middle school were gathered by the Virginia Department of Education (VDOE). The Reading and Mathematics Standards of Learning Assessment data were also gathered by the VDOE. This study found that there is an overrepresentation of White teachers and students. The most frequently identified disproportional representation teachers to student was Hispanic, followed by Black.

Whenever states’ rights to regulate and investor’s interests conflict with each other it is an unsolved question in investment treaty arbitration how one should balance those two positions. In particular, it is indefinite where to draw the line at what point states can actually exercise their rights without unlawfully violating the investor’s interests. A solution for this issue might be the proportionality test or analysis. Over the years, several tribunals approached proportionality, but took very different paths to understand and apply this legal concept. Especially, if one considers proportionality from its root in European and German law, some applications in investment treaty arbitration create confusion. Originating from a fixed methodological approach in the background of justifications of state measures, tribunals use proportionality in the process of defining and determining in contrast to the justification, as one would expect. Thus, it remains questionable which of those approaches is correct or if there is rather one correct application of proportionality in the context of investment treaty arbitration. This work argues in favour of proportionality being a legal concept which originates from German and European jurisprudence and migrated to international law. In international law it was established as a legal principle and subsequently adopted, inter alia, in investment treaty arbitration. Nevertheless, tribunals should be more careful when using proportionality. Especially, when naming and transferring a particular legal construct, it should not be used out of context. This endangers an award’s persuasiveness and furthers the fragmentation in international investment law. Tribunals should only refer to the ‘principle of proportionality’ or a ‘proportionality test/analysis’ when they actually apply it. And this application requires the concept to be used in the background of justification and not determination. Furthermore, the three/four significant steps must be followed in order to obtain the aimed proportional result.

The proportionality principle and the deprivation of liberty of a foreigner in administrative law This thesis concerns the proportionality of the deprivation of liberty of the foreigner in Czech Republic. It only covers those types of deprivation of liberty that are specifically applied on foreigners and that are covered by the administrative law. In the first chapter this thesis defines legal concepts of a personal freedom and a proportionality principle. The second chapter covers the level of the international law, namely the article 5 of the European Convention of Human Rights, define legal conditions that a deprivation of liberty must meet and offers a relevant judicature of the European Court of Human Rights. The third chapter covers a deprivation of liberty from a view of the Return Directive (No. 2008/115/EC), the Reception Conditions Directive (No. 2013/33/EU) and the Dublin Regulation (No. 604/2013) and offers judicature of the Court of Justice of the European Union. The fourth chapter comprehends the Czech law and covers three acts, that enable a deprivation of liberty of a foreigner - the Act on the Police of the Czech Republic No. 273/2008 Coll., the Asylum Act No. 325/1999 Coll. and the on the Residence of the Foreign Nationals in the Czech Republic No. 326/1999 Coll. This chapter also...

Essa dissertação é o resultado da análise de questões do Exame Nacional do Ensino Médio (ENEM), atualmente o mais importante exame de seleção do ensino superior no país. O objetivo desta dissertação é fazer um tratamento quantitativo e qualitativo das questões de provas do ENEM relacionadas ao conceito de proporcionalidade. As questões das provas de 2009 a 2018 foram analisadas e estruturadas em unidades, subunidades e categorias com base na metodologia Análise de Conteúdo de Laurance Bardin. A escolha do tema proporcionalidade se justifica por ser considerado uma das ideias fundamentais da Matemática e presente em situações do cotidiano e em aplicações em outras áreas. Documentos curriculares brasileiros, tais quais Parâmetros Curriculares Nacionais (PCN), Base Nacional Comum Curricular (BNCC), Currículo do Estado de São Paulo, destacam a importância de se tratar o conceito no ensino básico. O tema está também presente na Matriz de Referência de Matemática e suas Tecnologias do ENEM. Além disso, a escolha foi motivada também pelos indícios de ser um conceito bastante presente nas provas. Esperamos, com os resultados apresentados nessa dissertação, contribuir para pesquisas na área. / This dissertation is the result of the analysis of questions of the National High School Examination (Exame Nacional do Ensino Médio - ENEM), currently the most important selection exam for higher education in the country. The objective of this dissertation is to make a quantitative and qualitative treatment of ENEM questions related to the concept of proportionality. Test questions from 2009 to 2018 were analyzed and structured in units, sub-units and categories based on the Content Analysis methodology of Laurance Bardin. The choice of subject proportionality is justified by being considered one of the fundamental ideas of Mathematics and present in everyday situations and in applications in other areas. Brazilian curricular documents, such as National Curricular Parameters (Parâmetro Curricular Nacional - PCN), National Curricular Common Base (Base Nacional Comum Curricular - BNCC), Curriculum of the São Paulo state, highlight the importance of addressing the concept in basic education. The theme is also present in the Reference Matrix of Mathematics and its Tecnologies of ENEM. In addition, the choice was also motivated by the evidence of being a fairly present concept in the tests. With the results presented in this dissertation we hope to contribute for research in the area.

1 Abstract (in English langugage) In the presented dissertation thesis I tried to argue that if we want to apply the principle of proportionality correctly in case of a collision of fundamental rights or in case of a collision between a fundamental right and a countervailing interest, it is not sufficient only to refer to this principle within the argumentation. On the contrary, it is necessary to recognize a structure of this principle and to apply its components. In order to recognize the structure and components of the proportionality principle, it is necessary to understand the role and effects of human rights in legal orders. I assume that theoretical backgrounds of this principle contribute to the better understanding of the objective tension between the individual's autonomy and general will of the society. Another important aspect in the correct application of this principle is the institutional balance between the legislature and the judiciary and overcoming of the "counter-majoritarian problem". In the contemporary, not only Czech, but also foreign practice we may observe lots of examples in which courts do not pay appropriate attention to the proportionality principle. When solving hard cases, sometimes they made only a reference to this principle without further elaboration. From the...