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Topic: Proportionality

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	Proportionality (disambiguation) - Wikipedia, the free encyclopedia
		In law and politics, proportionality is a maxim in some theories of governance and a principle underpinning the constitution of the European Union.
		The principle of 'proportionality' is one of the fundamental principles of the jurisprudence developed by the European Court of Justice (ECJ).
		In physics, proportionality is a unified theory of matter and energy.
	en.wikipedia.org /wiki/Proportionality_(disambiguation) (386 words)

	Proportionality (mathematics) - Wikipedia, the free encyclopedia
		The circumference of a circle is proportional to its diameter, with the constant of proportionality equal to π.
		On a map drawn to scale, the distance between any two points on the map is proportional to the distance between the two locations the points represent, with the constant of proportionality being the scale of the map.
		The amount of force acting on a certain object from the gravity of the Earth at sea level is proportional to the object's mass, with the gravitational constant being the constant of proportionality.
	en.wikipedia.org /wiki/Proportionality_(mathematics) (602 words)

	[No title] (Site not responding. Last check: 2007-11-05)
		Proportionality is a special statutory proceeding that is conducted by the supreme court and there is no authority for a trial court to engage in a proportionality review in lieu of a special sentencing proceeding.
		The purpose of proportionality review of a death sentence under RCW 10.95.130(2)(b) is to ensure that the sentence is neither wantonly and freakishly imposed nor disproportionate when compared to the sentences imposed in similar cases.
		The proportionality of a death sentence does not depend on the State's seeking the death penalty in every case, or in a threshold proportion of cases, in which the death penalty could potentially be imposed.
	www.defender.org /DPAC/Case_Law/Proportionality.doc (662 words)

	Book Reviews
		Here, proportionality does not serve to establish a normative balance between the conflicting interests of states; rather, it serves to establish a functional limit, particularly of a humanitarian character, in order to avoid the excessive exercise of power by states in their enforcement activities.
		In fact, the criterion for determining proportionality, on the one hand, identifies the conditions under which a state may derogate from a legal obligation (abstract proportionality), and, on the other hand, serves to establish the limits to the possible actions that a state may take to respond to a state of necessity (concrete proportionality).
		The test of proportionality involves an assessment of the reasonableness of the actions taken by a state to defend its interests, and an assessment of the proportionality (in a strict sense) between the benefits of such actions and the harm done to other actors.
	www.ejil.org /journal/Vol13/No4/br1.html (3378 words)

	Australian Public Law (Site not responding. Last check: 2007-11-05)
		Secondly, in determining whether that requirement of reasonable proportionality is satisfied, it is necessary or conceivably desirable for the achievement of the legitimate object sought to be obtained and, in so doing, causes adverse consequences unrelated to the achievement of that object.
		The risk that assessment of proportionality may take a court into evaluation of policy and judgment on the desirability of the means employed by the law occasions the hesitation to embrace the notion of proportionality as a universal criterion for constitutional validity.
		The clearest examples of the way in which the proportionality test is applied in relation to constitutional guarantees and freedoms is provided by recent case law on Constitution section 92.
	www.ntu.edu.au /faculties/lba/schools/Law/apl/Constitutional_Law/proportionality.htm (6352 words)

	B'Tselem - Principle of Proportionality and Demolition for Alleged Military Purposes
		One of the fundamental principles of international humanitarian law is the principle of proportionality, which prohibits acts that will cause excessive injury, in relation to the military advantage anticipated from the acts, to people who are not taking part in the hostilities and to their property.
		One of the primary requirements of proportionality states that actions that will injure civilians may be taken only after alternative acts, whose resultant injury would be less, are considered and then rejected because they will not achieve the necessary military advantage.
		The argument that Israel breached the principle of proportionality when it implemented its policy in the Gaza Strip is supported by the comments made by Brigadier General Dov Zadka, head of the Civil Administration.
	www.btselem.org /english/Razing/Proportionality.asp (730 words)

	MAKING CONNECTONS: A CASE FOR PROPORTIONALITY
		In the science classroom, proportionality surfaces when density is explored, when balance beams are used, and when any two equivalent rates are compared.
		In the mathematics classroom, proportionality surfaces when properties of similar triangles are examined, when scaling problems are investigated, and when trigonometric functions are defined.
		Understanding proportionality by using several representations enables students to evaluate problem situations critically and to determine whether the context is proportional or nonproportional.
	education.umn.edu /rationalnumberproject/93_3.html (2566 words)

	Proportionality (disambiguation) article - Proportionality (disambiguation) disambiguation proportionality ... (Site not responding. Last check: 2007-11-05)
		Proportionality (disambiguation) article - Proportionality (disambiguation) disambiguation proportionality proportionality European Union - What-Means.com
		This is a disambiguation page; that is, one that points to other pages that might otherwise have the same name.
		Proportionality (disambiguation) article - Proportionality (disambiguation) definition - what means Proportionality (disambiguation)
	www.what-means.com /encyclopedia/Proportion (174 words)

	The Role of Proportionality in the Law of International Countermeasures
		In the prevailing opinion, proportionality is viewed as a quantitative link between the wrongful conduct and the response thereto.
		In the second part of the article, it is therefore argued that proportionality should be assessed on the basis of different standards, which correspond to the different functions pursued by countermeasures.
		In determining the proper function of countermeasures, and, consequently, the standard to be adopted for assessing the proportionality of the response, due consideration must be given to the structure of the breached rule and the consequences of the breach.
	www.ejil.org /journal/Vol12/No5/ab2.html (287 words)

	[No title]
		This statement recognized a proportionality principle within the Eighth Amendment, although the Court did not engage in a detailed analysis of the scope of the proportionality principle or the procedure for assessing the proportionality of a sentence.
		This rule directs that only an abbreviated form of proportionality review, consisting of a comparison of the two sub-parts of the gravity of the offense and the harshness of the penalty, is required when a defendant, in either an habitual or a non-habitual offender case, challenges the constitutionality of a life sentence.
		If a proportionality review were to consider the cumulative effect of all of the sentences imposed, the result would be the possibility that a defendant could generate an Eighth Amendment disproportionality claim simply because that defendant had engaged in repeated criminal activity.
	www.courts.state.co.us /supct/opinions/2000/00SC690.doc (14805 words)

	USATODAY.com - Proportionality the focus of revamped Title IX plan (Site not responding. Last check: 2007-11-05)
		Some other proportionality proposals have a close-is-good-enough tone that could ultimately make it easier for schools to comply with the law.
		Moyers' group is among those that filed a lawsuit asking that proportionality be eliminated.
		These groups contend proportionality is a major reason colleges cut men's minor sports and cap rosters on many men's teams.
	www.usatoday.com /sports/college/other/2002-12-04-title-ix_x.htm (663 words)

	Encyclopedia: Proportionality (mathematics)
		The word proportionality may have one of a number of meanings: In mathematics, proportionality is a mathematical relation between two quantities.
		In mathematics, a function is a relation, such that each element of a set (the domain) is associated with a unique element of another (possibly the same) set (the codomain, not to be confused with the range).
		In this case, k is called the proportionality constant or constant of proportionality of the relation.
	www.nationmaster.com /encyclopedia/Proportionality-(mathematics) (613 words)

	The Michigan Daily Online
		The buzzword around the country's wrestling population is proportionality, a term which describes one of three ways for a school to comply with Title IX.
		By far the most difficult way to achieve compliance, it is an interpretation of the law thatstates that the percentage of women in the university must equal the percentage of women in the different departments of extracurricular activities.
		When proportionality came to prominence as the sole interpretation of Title IX, the part of the amendment stating that a university is in compliance if women's interests are being met was ignored.
	www.pub.umich.edu /daily/2000/jan/01-27-2000/sports/12.html (1762 words)

	The NCAA News: News & Features (Site not responding. Last check: 2007-11-05)
		While there are many elements to be considered in Title IX compliance, most institutions choose to meet the "proportionality" prong of the three-part test as a way of complying with the "Participation Opportunities" section under the "Accom-modations of Interests and Abilities" category of the legislation.
		While compliance with the proportionality prong is the simplest to analyze since it is determined by a mathematical calculation, institutions may be better served to look at the other ways to comply with the "Accommodations of Interests and Abilities" category.
		However, in OCR's example, the institution that is found in compliance is only two points off of proportionality (they were trying for 50-50) when its women's enrollment jumps from a five-year average of 50 percent to 52 percent in a year.
	www.ncaa.org /news/1999/19990301/active/3605n03b.html (652 words)

	E Law - The Seriousness of the Offence: Proportionality in Sentencing Sexual Offenders in Western Australia
		The proportionality principle was recently codified in Western Australia to provide that the sentence imposed on an offender must be commensurate with the "seriousness of the offence".
		Legal scholars such as Andrew von Hirsch have posited that proportionality is achieved where "the seriousness of the offence" is defined in relation to the harm done (or risked) by the offence, and the degree of the offender's culpability.
		I argue that application of this standard of proportionality requires a realistic understanding of the nature of the crime for which an offender is sentenced, and where that crime fits in the continuum of gravity of the offence.
	www.murdoch.edu.au /elaw/issues/v3n1/whitney.html (14829 words)

	EXC3.1 Proportionality and war
		Proportionality has the same function in international law as in domestic law: It requires the agency doing the coercing-court, police, army-to allocate coercion in proportion to the wrong that is being remedied.
		The Additional Protocol I of 1977 extended the requirement of proportionality to non-combatants by defining a war crime to include the military destruction of a non-military target.
		Proportionality came up in a different way in the Gulf War over the legitimacy of an allied invasion of Iraq or an attempt to kill Saddam Hussein.
	www.biologyoflaw.com /content/Expansions/EXC31.htm (274 words)

	Human Rights Watch Presentation to the United States Sentencing Commission, March 14, 2002
		To be proportionate, a prison sentence: 1) should not exceed the gravity of the offender's specific conduct and his or her personal responsibility and culpability; 2) should be tailored to the conduct of the individual defendant and not reflect penalties for crimes or offensive conduct that offender did not in fact commit.
		They would be proportionate, on the other hand, for drug kingpinsÑe.g., persons importing large amounts of cocaine into the country.
		But it is extremely troubling from a proportionality perspective that the same activityÑe.g., selling rocks of crack to consumersÑcan get very different sentences simply based on whether local or federal prosecutors take the case.
	www.hrw.org /press/2002/03/ussc0314.htm (5652 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code (Site not responding. Last check: 2007-11-05)
		The principle of proportionality at issue in this case is grounded in the Eighth Amendment, which provides that "[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." U.S. Const.
		That the proportionality principle includes a guarantee against disproportionate sentences in the context of capital punishment is well-recognized by the United States Supreme Court.
		The Gaskins court defined the two sub-parts of an abbreviated proportionality review as "scrutiny of the offenses in question to determine whether in combination they are so lacking in gravity or seriousness so as to suggest that a life sentence is constitutionally disproportionate to the crime, taking into account the defendant’s eligibility for parole." Id.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=co&vol=2002sc/648&invol=1 (7570 words)

	Crimes Of War Project > The Book
		In armed conflict, the principle is used to judge first, the lawfulness in jus ad bellum of the strategic goals in the use of force for self-defense, and second, the lawfulness in jus in bello of any armed attack that causes civilian casualties.
		In the conduct of war, when a party commits a lawful attack against a military objective, the principle of proportionality also comes into play whenever there is collateral damage, that is, civilian casualties or damage to a nonmilitary objective.
		As formulated in Additional Protocol I of 1977, attacks are prohibited if they cause incidental loss of civilian life, injury to civilians, or damage to civilian objects that is excessive in relation to the anticipated concrete and direct military advantage of the attack.
	www.crimesofwar.org /thebook/proportion-princple.html (550 words)

	Glossary P
		In shift & share analysis, that part of the total 'regional shift' which is attributable to the (compositional) structure ("mix" of activities) of the region in combination with the general, usually national development of individual industries.
		Proportionality shifts or effects arise from the fact that, at the national level, some sectors grow (or decline) faster than others.
		As a result, regions specializing in (nationally) fast growing ("growth") industries will be subject to a positive proportionality shift (regardless how the industry actually does regionally), while regions specializing in slow-growing or declining industries (industries which grow, at the national level, slower than the all-industry average) will record a negative proportionality effect.
	faculty.washington.edu /krumme/gloss/p.html (2050 words)

	St. John's Law Review: Let's not bury Terry: A call for rejuvenation of the proportionality principle (Site not responding. Last check: 2007-11-05)
		That framework, which I call the proportionality principle, is very simple: A search or seizure is reasonable if the strength of its justification is roughly proportionate to the level of intrusion associated with the police action.
		If only the Court had applied Terry's proportionality framework in a consistent fashion and extended it to the entire Fourth Amendment universe, we'd be in much better shape than we are today.
		From the right they include the contentions that the proportionality idea places restrictions on types of police actions that should not be subject to any constitutional regulation and that it mandates judicial activism in the Lochnerian mold.
	www.findarticles.com /p/articles/mi_qa3735/is_199807/ai_n8806445 (1029 words)

	Research on Rational Number, Ratio, and Proportionality
		The purpose of this series of three two hour sessions will be to help frame current and future research on rational number, ratio and proportionality within the perspective of earlier important studies and the projects which have conducted them.
		A survey of rational number, ratio and proportionality related research reported in past PME proceedings will be discussed.
		The first of the RNP grants was obtained in 1979 to examine the impact of manipulative materials on children's understanding of rational number concepts.
	education.umn.edu /rationalnumberproject/98_1.html (1942 words)

	SSRN-Excessive Prison Sentences, Punishment Goals, and the Eighth Amendment: 'Proportionality' Relative to What? by ...
		Justices Scalia and Thomas believe that the concept of proportionality is unworkable; they assert that the concept is inherently tied to retributive sentencing goals, yet the Court's cases specify that the Constitution permits sentences to be based on a variety of non-retributive (crime-preventive) goals.
		This article identifies one retributive and two non-retributive proportionality principles which are implicit in Eighth Amendment decisions, and also in cases from many other fields of constitutional law.
		A third goal of the article is to increase awareness of proportionality principles that are implicit in U.S. law but rarely identified as such.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=623082 (451 words)

	EUR-Lex - Consolidated versions - Selected instruments taken from the Treaties - 3. PROTOCOLS Protocol on the ... (Site not responding. Last check: 2007-11-05)
		It shall also ensure compliance with the principle of proportionality, according to which any action by the Community shall not go beyond what is necessary to achieve the objectives of the Treaty.
		For any proposed Community legislation, the reasons on which it is based shall be stated with a view to justifying its compliance with the principles of subsidiarity and proportionality; the reasons for concluding that a Community objective can be better achieved by the Community must be substantiated by qualitative or, wherever possible, quantitative indicators.
		For Community action to be justified, both aspects of the subsidiarity principle shall be met: the objectives of the proposed action cannot be sufficiently achieved by Member States' action in the framework of their national constitutional system and can therefore be better achieved by action on the part of the Community.
	europa.eu.int /eur-lex/en/treaties/selected/livre345.html (1140 words)

	PinkMonkey.com Geometry Study Guide - 5.2 Ratio and Proportionality
		Proportionality : Compare the drawing of a bridge on a paper with the actual structure.
		They look similar because the ratios of height to width to length are the same in both the cases.
		The design on paper and the actual structure look the same because they are proportionate to each other.
	www.pinkmonkey.com /studyguides/subjects/geometry/chap5/g0505201.asp (350 words)

	[No title]
		This sort of proportionality review presumes that the death sentence is not disproportionate to the crime in the traditional sense.
		The Court of Appeals noted a distinction between the proportionality of the death penalty to the crime for which it was imposed, and the proportionality of a given defendant's sentence to other sentences imposed for similar crimes.
		We are also directed by OCGA § 17-10-35(c)(3) to consider "the defendant" in weighing the proportionality of a death sentence, and, therefore, the special individual characteristics of an appellant are appropriate for consideration.
	law.gsu.edu /psingleton/fall2000/section-5.htm (17514 words)

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