bluuebunny/crossref_metadata_2025 huggingface dataset:
Design of a transversely pumped, high repetition rate, narrow bandwidth dye laser with high wavelength stability
Authors: Bhatnagar R. , Singh Nageshwar , Chaube R. , Vora H. S.
Published: November 2004

The paper presents the design and performance of a transversely pumped, narrow bandwidth, high wavelength stability tunable dye laser that neither uses low expansion coefficient materials for construction nor incorporates any active control on the wavelength or the dye solution and environmental temperature as generally used in such lasers. The scheme essentially involves designing the mechanical assembly in such a way that, when bolted together it forms a massive monoblock, enclosing all the optical components and the dye laser axis within itself. This ensures the environmental temperature changes can only affect the output characteristics over long time scale. Short term (pulse to pulse) fluctuations in wavelengths and bandwidths, generally associated with the dye flow instabilities, were minimized by using a specially designed a dye cell made of a near 360°-curved rectangular duct, in which the turbulent flow is transformed itself into laminar flow as it reaches the dye laser axis. The laser was operated with Rhodamine 6G-ethanol-ethylene glycol solution, pumped by a copper vapor laser operating at 5.6 kHz. The dye laser output, consisting of three axial modes, separated by about 990 MHz, was stable over the observation period of about 90 min. Maximum long term (>1 h) fluctuation in Δν/ν was about ±3.6×10−6. The bandwidth of the individual mode varied between 245 MHz to 315 MHz.
PVDF sensor in laser ablation experiments
Authors: Gião M. A. P. , Rodrigues N. A. S. , Riva R. , Schwab C.
Published: November 2004

This article presents the use of piezoelectric PVDF films as a sensor for the vapor stream in laser ablation experiments. The analysis of the PVDF electric signal gives the translational temperature and the vapor drift velocity of the ablated plume. A PVDF sensor was used in a tungsten ablation experiment, using HyBrID copper laser, and it was obtained a translational temperature of 9×104 K and a drift velocity of 4×105 cm/s.
Optimum design and construction of a Zeeman slower for use with a magneto-optic trap
Authors: Dedman C. J. , Nes J. , Hanna T. M. , Dall R. G. , Baldwin K. G. H. , Truscott A. G.
Published: November 2004

A method for optimizing the design and construction of a Zeeman slower coil is presented. Unlike traditional designs, the measured magnetic field profile very accurately matches the desired field profile, enabling significant advantages for loading a magneto-optic trap.
High-pressure cell for fluorescence fluctuation spectroscopy
Authors: Tekmen Mohac , Müller Joachim D.
Published: November 2004

We introduce a high-pressure cell for fluorescence fluctuation spectroscopy. The pressure cell consists of a cylindrical, fused silica microcapillary and a modified pressure plug, which connects the cell to a pressure generating apparatus. The capillary serves both as the body and the optical window of the cell. The pressure cell is mounted onto the stage of an optical microscope. The small diameter of the capillary allows the use of high numerical aperture objectives, which are required for fluorescence fluctuation experiments. The pressure stability of the cell has been tested up to 4 kbar. We performed two-photon excitation experiments on simple dyes as a function of pressure. The diffusion coefficient was determined by fluorescence correlation spectroscopy. We also used the same cell to measure the pressure dependence of fluorescence lifetimes.
Greenhouse gas growth rates
Authors: Hansen James , Sato Makiko
Published: November 2004

We posit that feasible reversal of the growth of atmospheric CH
4
and other trace gases would provide a vital contribution toward averting dangerous anthropogenic interference with global climate. Such trace gas reductions may allow stabilization of atmospheric CO
2
at an achievable level of anthropogenic CO
2
emissions, even if the added global warming constituting dangerous anthropogenic interference is as small as 1°C. A 1°C limit on global warming, with canonical climate sensitivity, requires peak CO
2
≈ 440 ppm if further non-CO
2
forcing is +0.5 W/m
2
, but peak CO
2
≈ 520 ppm if further non-CO
2
forcing is -0.5 W/m
2
. The practical result is that a decline of non-CO
2
forcings allows climate forcing to be stabilized with a significantly higher transient level of CO
2
emissions. Increased “natural” emissions of CO
2
, N
2
O, and CH
4
are expected in response to global warming. These emissions, an indirect effect of all climate forcings, are small compared with human-made climate forcing and occur on a time scale of a few centuries, but they tend to aggravate the task of stabilizing atmospheric composition.
Aristotle on Business
Authors: Meikle Scott
Published: November 2004

Aristotle's treatment of trade in the Politics book one is usually regarded as especially hostile, and this is put down to snobbery and political prejudice on his part. The Greeks often regarded trade as a degrading thing for a free man to engage in, and it would be surprising if Aristotle's view of trade were entirely unconnected with this Greek sensibility. But there should be something more definite than a loose general affinity if a charge of prejudice is to be taken seriously. A balance of hostile judgements over argued cases to back them up would be some sort of evidence for prejudice, and prima facie evidence against would be anything like a theory from which the hostile judgements followed as conclusions. Theories can be concocted to give the required conclusions, of course, and then we must try to decide how serious the theory is. It comes to this: is there so little in the reasons Aristotle gives for his condemnation of trade that they may be convincingly explained away and belittled as no more than expressions of attitudes?
The art of deceit: Pseudolus and the nature of reading
Authors: Sharrock A. R.
Published: November 2004

Reading is delusion. In order to read, we have to suspend certain standards of reality and accept others; we have to offer ourselves to deceit, even if it is an act of deception of which we are acutely aware. One way of considering this paradoxical duality in the act of reading (being deceived while being aware of the deception) is more or less consciously to posit multiple levels of reading, whereby the deceived reader is watched by an aware reader, who is in turn watched by a super-reader; and so it continues. The ancient art critics, obsessed as they were with deceptive realism, provide in anecdotal form a good example of such multiplicity of perception when they tell stories of birds trying to peck at painted grapes, horses trying to mate with painted horses, even humans deceived by the lifelikeness of works of art. Such stories act as easy but potent signifiers of ‘realism’ in ancient art criticism, by showing the reactions of a ‘naive reader’ (the animals) whose deception the aware reader can enter into but also see exposed. In verbal or visual art parading itself as realistic, the artistic pretence of a pose of reality is, at some level, intended to be seen as deceptive; when it is non-realistic, or anti-realistic, or even stubbornly abstract (which it rarely is), art still demands that the reader suspend ordinary perception. But deception alone is not enough: ‘deceit’ only becomes artistic when a viewer sees through it, for a work of art which is so lifelike thatno-onerealizes it is not real has not entered the realm of art. The appreciation of deception happens at the moment when the deception is undone, or by the imaginative creation of a less sophisticated reader who has not seen through the deceit. That is what happens in comedy, more overtly than in other artforms, but in the same way.
The manuscripts of Cicero's De oratore: E is a descendant of A
Authors: Renting D. S. A.
Published: November 2004

The manuscripts of Cicero's De oratore divide into two families: mutili and integri. The oldest representatives of the mutilated family are Avranches 238 (A; c. 830–50), Erlangen 380 (olim 848; E; c. 985), and London, Harley 2736 (H; written by Lupus of Ferrierès, c. 830–40). A and H are independent of each other, and the best witnesses to the text of the lost archetype (M). E too is considered to be an independent witness. Since the work of E. Ströbel, dating from the early eighties of the last century, the view has been generally held that E, though closely related to A, is not a descendant of it but a copy of a ‘gemellus’ of A. The stemma devised by Ströbel has remained essentially the same to the present day.
Alcibiades vs. Phrynichus
Authors: Lang Mabel L.
Published: November 2004

Thucydides' account (8.50–1) of the Athenian general Phrynichus' secret correspondence with the Spartan admiral Astyochus is both troubling and obscure. It may be summarized as follows: Phrynichus, having eloquently opposed Alcibiades' efforts to be recalled from exile and fearing that a repatriated Alcibiades would take vengeance on him, wrote to Astyochus revealing Alcibiades' pro-Athenian (anti-Spartan) activities. Astyochus handed the letter to Alcibiades, who then wrote to the ranking Athenians on Samos concerning Phrynichus' ‘treason’ and demanded his execution. Phrynichus then wrote again to Astyochus, now proposing to make it possible for the Spartans to destroy the whole Athenian force at Samos.
Octavian in the Fourth Georgic
Authors: Hollis A. S.
Published: November 2004

Some scholars have seen in ‘fulminat’ an allusion to Callimachus' βροντ⋯ν οὐκ ⋯μ⋯ν, ⋯λλ⋯ Δι⋯c (fr. 1.20 Pfeiffer), and that is reasonable enough, since Virgil contrasts the warlike fulminations of Octavian with mocking disparagement of his own very different lifestyle (563–4 ‘illo Vergilium me tempore dulcis alebat Parthenope studiis florentem ignobilis oti’). But it may have escaped attention that Virgil seems to be imitating some lines by another Hellenistic poet, Rhianus (mid to late third century B.C.); the parallel has thought-provoking implications.
Purification and pollution in Aeschylus' Eumenides
Authors: Sidwell Keith
Published: November 2004

‘The issues surrounding Orestes’ purification are some of the most difficult in all of Aeschylus’ wrote A. L. Brown in 1982. Despite the appearance since then of an overall treatment of pollution and three editions of the play, there continue to be disagreements about the matter. In this paper I suggest that we may be better able to understand the treatment of purification if we focus on the importance of Orestes’ pollution to the particular version of the story constructed in Eumenides.
Ammianus Marcellinus 15.13.1–2: some observations on the career and bilingualism of Strategius Musonianus
Authors: Drijvers Jan Willem
Published: November 2004

At the end of Book 15 of his Res Gestae Ammianus Marcellinus reports how Strategius Musonianus became the successor of the murdered Domitianus as Praefectus Praetorio Orientis (PPO). He tells that Strategius was a man versed in the two languages, i.e. Greek and Latin, and that because of this he had won a higher distinction than was expected. When Constantine the Great, so says Ammianus, was looking for an expert interpreter for his investigation into the Manichaean and similar heresies, he chose Strategius as a person recommended to him as competent. Constantine was so pleased with Strategius' skilful work that he gave him the honourable nickname Musonianus, which became his official name. This assignment was the start of a great career which eventually led to his denomination as PPO under Constantius II.
History as lunch: Aristophanes, Knights 810–19
Authors: Marr John
Published: November 2004

In this passage the Sausage-Seller is commenting disparagingly on the boast of Paphlagon/Cleon that he has done far more good for Athens (‘the city’) than Themistocles ever did. In lines 814–16 the Sausage-Seller seems to allude to certain laudable actions on the part of Themistocles, which greatly benefitted the city, and in 817–18, by contrast, he sets against these an allegedly deleterious recent proposal/ activity of Paphlagon/Cleon.
Two notes on the Crito: the impotence of the many, and ‘persuade or obey’
Authors: Penner Terry
Published: November 2004

So far, interpreters have not made the import of this last clause clear. F. J. Church (followed later by R. E. Allen) translates the last phrase ‘they act at random’. Burnet says of Adam (who understands ( after this phrase and translates ‘They treat a man just as it occurs to them’) that he seems to have been the first to point out that the meaning cannot be ‘they act at random’. Instead, ‘the phrase expresses indifference’. Adam′s idea, which Burnet here commends, is that the many are thoughtless in their treatment of the individual; and Adam compares 48C below: the many would lightly put someone to death and just as lightly bring him back to life again. The Burnet-Adam point is evidently that the many have a policy of acting indifferently, or just as it occurs to them—by contrast with the ‘at random’ in Church′s translation, which suggests that they act without policy at all.
Euripides′ Hippolytus plays: which came first?
Authors: Gibert John C.
Published: November 2004

Lines 25–30 of the hypothesis to Euripides′ Hippolytus read as follows:
Libanius on Constantine again
Authors: Malosse Pierre-Louis
Published: November 2004

H.-U. Wiemer opposes the image which Libanius gives of Constantine in his fifty-ninth oration (Panegyric of Constantius and Constans) to that which emerges from his later works, especially those of the Theodosian period when hostility is obvious, mirroring the opinion of pagan circles, who held this Emperor responsible for most of the calamities endured by the Empire in the fourth century. As the epideictic genre required, in 344/5 or in 348/9 the father had to be praised so that the sons could be praised too. However, Wiemer claims that ‘the panegyric of 344/5 already foreshadows the critical view’, by remaining silent about Christianity, the founding of Constantinople, and the tax policy on the one hand, and on the other hand by clearly declaring Constantine responsible for the war against Persia, which troubled the entire reign of Constantius. I wish to supplement these remarks with a few others and to suggest that the portrait of Constantine inOration59 presents us with a case of ‘disguised intention’—a rhetorical proceeding based on ὑποδήλωσις and παραψόγους: the orator tries to convey a message that is different from his apparent intentions, even opposite to them.
A Note on Aeschlyus, Agamemnon 403–5 ≈ 420–2
Authors: Gannon Joseph F.
Published: November 2004

Aeschylus' constant metrical practice shows that either Ag. 404/5 in the strophe, or 421/2 , correspondingly in the antistrophe, is corrupt in the manuscript tradition..
An interpolated line of Terence at Cicero, De finibus 2.14
Authors: Brown P. G. McC.
Published: November 2004

Hanc quoque ‘iucunditatem’, si vis, transfer in animum (‘iuvare’ enim in utroque dicitur, ex eoque ‘iucundum’), rnodo intellegas inter ilium qui dicat

Tanta laetitia auctus sum ut nihil constet

et eum qui

Nunc demum mihi animus ardet,

quorum alter laetitia gestiat, alter dolore crucietur, esse ilium medium [Quamquam haec inter nos nuper notitia admodum est] qui nee laetetur nee angatur, itemque inter eum qui potiatur corporis expetitis voluptatibus et eum qui crucietur summis doloribus esse eum qui utroque careat.
Ovid, Heroides 6.1–2
Authors: Leigh Matthew
Published: November 2004

It is a characteristic of Ovid's Heroides for each epistle implicitly to establish the dramatic time, context and motive for its composition by the particular heroine to whom it is attributed. In this way the poet is able to exploit the tension between the heroine's inevitably circumscribed awareness of the development of her story and the superior information which can be deployed by a reader acquainted with the mythical tradition or master-text which dictates what is actually going to follow: Penelope hands over a letter to a man whom the reader familiar with Homer can identify as Ulysses even if she cannot, Ariadne wonders whether Naxos is infested with tigers at a moment shortly before Dionysus and his tiger-driven chariot will arrive.
An allusion to the Kaisereid in Tacitus Annals 1.42?
Authors: Wardle D.
Published: November 2004

Tacitus gives lavish treatment to the mutiny of the German legions in the aftermath of Augustus' death in a.d. 14 and provides an excellent centrepiece in a speech (given in oratio recta) by Germanicus to the troops of the Lower German army at Ara Ubiorum (Cologne). After the harsh treatment of a delegation from Rome, Germanicus responded to requests that he send Agrippina and Caligula to safety. As the family was leaving the camp the troops surrounded Germanicus, who moved them to repentance by his speech. Previous writers have already discussed particular debts to Livy and to Virgil, but none has, I think, pointed to the most likely source for Germanicus' opening remarks: ‘Non mihi uxor aut filius patre et re publica cariores sunt…’. Goodyear dismisses the sentiment as a variety of the ‘commonplace’. that the state was more important than the individual and refers the reader to Béranger. However, none of these passages is as close or as pointed as the examples I consider below.
Juvenal, thePhaedrus, and the truth about Rome
Authors: Hardie Alex
Published: November 2004

In Juvenal's third satire the main speaker, Umbricius, delivers a speech of farewell (asyntacticon) as he prepares to leave Rome. In it, he mounts a sustained attack on life in the capital. By contrast, he praises Italian country towns, a combination oflaudatioandvituperatiowhich is foreshadowed in the prefatory praise of provincial Cumae (2–5) and denigration of Rome (5–9).
Thucydides 3.12.3
Authors: Winton R. I.
Published: November 2004

The Oxford text of this passage reads as follows:

This gives the received text and punctuation. No generally agreed meaning has been found in the opening sentence as it thus stands; nor have any of the numerous alternative versions which have been proposed gained widespread support. In this paper I suggest that good sense can, after all, be made of this passage in its received form.
Relatio Vs. Oratio: Tacitus, Ann. 3.12 and the Senatus Consultum De Cn. Pisone Patre
Authors: Damon Cynthia
Published: November 2004

Tiberius' speech at the outset of the trial of Cn. Calpurnius Piso, as Tacitus reports it at Annals 3.12, sheds light on two discrepancies between relatio and response in the recently published senatus consultum de Cn. Pisone patre (hereafter SCPP).
The death of Cyrus the Younger
Authors: Bassett Sherylee R.
Published: November 2004

Plutarch's excerpt of Ctesias' version of the death of Cyrus makes fascinating reading. Although Ctesias has an unenviable reputation among scholars from antiquity onwards for fabrication and self-promotion, his description of the effects of trauma to the temple match well the clinical signs listed in a modern study of such injuries. Since he was a doctor from a family of doctors, this is not surprising, but it does suggest that his account here can be relied upon.
A note on schol. ad Pl.Ion 530A and Rep. 373B
Authors: Korenjak M.
Published: November 2004

ῥαΨῳδ⋯σαι λ⋯γεται καí τó φλυαρ⋯σαι, τò áπλ⋯ς †λαβεíν (1. λαλεîν) κπ´ παγγεîλαι χωρíς †ἒργου τινός. This is how W. C. Greene (Scholia Platonica, Haverford, 1938) prints the last sentence of the Schol. ad Ion 530a ῥαψδν, which is repeated (with small changes) ad Rep. 373b and in Photius, Suda, Et. Magn., and Lex. Bekk. s.v.αφῳδοί.
Ovid'sHeroides6: preliminary scenes from the life of an intertextual heroine
Authors: Bloch David J.
Published: November 2004

Ovid regarded theEpistulae Heroidumas a collection with a consistent theme. He indicates as much atAm.2.18.18–26, where he describes the unified conception of nine or ten of theHeroidesas the result of Amor's insistence that he be an elegiac poet:
Lysimachus, the Getae, and archaeology
Authors: Delev P.
Published: November 2004

Among the principal successors to Alexander the Great, Lysimachus is probably the one that has suffered most by neglect in the scanty literary sources at our disposal. His wars with the Getae and their king Dromichaetes are among the few events in his long career which have received more than a casual notice in the historical tradition; no wonder that they have been examined repeatedly both in the context of Lysimachus' political biography and of the history of the region and its Thracian population, the Getae. However, many aspects of the circumstances remain obscure and dubious, and their discussion has more than once ended with the expression of hope that one day new archaeological finds might permit the solution of some of the associated riddles. The recent archaeological discoveries near Sveshtari in north-eastern Bulgaria seem now to warrant a re-examination of these problems.
Callinus and militia amoris in Achilles Tatius' Leucippe and Cleitophon
Authors: Christenson David
Published: November 2004

Right so far as Homer is concerned, and Paulus, a poet of Justinian's court best known for his epic poem (modelled after Homer) composed on the occasion of the rededication of the Church of St Sophia, clearly evokes Callinus. But the commentators have overlooked the pointed use of μχρι(ς) τυος + the present indicative in Achilles Tatius’ τᾰ κατᾰ Λευκππην κα κλειοøντα. Examination of the examples there suggests that Achilles Tatius could make greater demands on his readers than is sometimes generally assumed for the Greek novelists.
Antigone's Final Speech (Sophocles,Antigone891–928)
Authors: Cropp Martin
Published: November 2004

O tomb, O bridal chamber, O cavernous dwelling, eternal prison to which I am journeying to meet my own, those perished in their great numbers and received by Persephone amongst the dead. I am the latest of them, and my descent the worst by far, before my allotment of life has reached completion. Yet, as I go, I boldly feed on hopes of proving dear to my father when I reach him, and dear to you, mother, and to you, dear brother. For when you died, it was I with my own hands who washed you and adorned you, I who poured your tomb-libations. But now for tending your body, Polynices, this is my reward.
The Shield of Turnus (Aeneid7.783-92)
Authors: Gale M. R.
Published: November 2004

Much has been written about the lengthy ecphrasis of the shield of Aeneas at the end of the eighth book of theAeneid. It is less frequently remarked that the ecphrasis balances a shorter – but perhaps no less significant – description of Turnus’ arms at the end of the preceding book. If Aeneas’ shield is emblematic of the imperial destiny which rests upon his shoulders, a similarly symbolic value may also be attributed to the decoration on the armour of his opponent.
The Nurturing Male: Bravery and Bedside Manners in Isocrates'Aegineticus(19.24–9)
Authors: Sternberg Rachel Hall
Published: November 2004

Scenes from Euripidean tragedy can lead us to imagine that sick-nursing was women's work in ancient Greece. In theHippolytus, a matronly Nurse attends the fretfully ill Phaedra; in theOrestes, Electra cares for her brother. Several prose sources, moreover, seem to corroborate this view of gender roles. We learn in Xenophon'sOeconomicus(7. 37) that the mistress of the household was expected to nurse sick slaves. Demosthenes, in a letter (3. 30), mentions two courtesans who are caring for the consumptive Pytheas. And the speaker inAgainst Neairanotes explicitly ‘how much a woman is worth during illnesses, when she is there for a man who is suffering’ (Dem. 59. 56).
Remembering and Forgetting: The Vatican, the German Catholic Hierarchy, and the Holocaust
Authors: Braham Randolph L.
Published: November 2004

This study critically reviews We Remember: A Reflection on the Shoah, a statement the Vatican issued on March 16, 1998. Following a summary of the many positive developments in Catholic-Jewish relations since the Second Vatican Council's landmark Nostra Aetate of 1965, the article analyzes the 1998 pronouncement, focusing on a perceived attempt by the Vatican to absolve the Church of responsibility in the Holocaust. The study addresses the distinction the Vatican makes between Christian anti-Judaism and Nazi antisemitism, as well as its positive interpretation of the role Pope Plus XII and the German Catholic Church played during the Nazi era. Finally, it summarizes other statements by several national Catholic episcopates since the mid-1960s that address the anti-Jewish stance of their followers during the Nazi era. All of these contributed to a historic reconciliation between Catholics and Jews, but points of disagreement remain to be addressed.
Goldhagen and Sarte on Eliminationist Ant-Semitism: False Beliefs and Moral Culpability
Authors: Kamber Richard
Published: November 2004

In Hitler's Willing Executioners, Daniel Goldhagen advances the “cognitive” thesis that Germans who tormented and executed Jews during the Holocaust were motivated primarily by their mistaken beliefs that Jews, by their very nature, were harmful to Germany and thus deserved to be eliminated. This article contends that Goldhagen's “cognitive” thesis significantly mitigates moral culpability and fails to explain how “ordinary” perpetrators could sustain their mistaken beliefs in the face of horrific, contrary evidence. It also suggests that Jean-Paul Sartre's analysis of anti-Semitism in terms of bad faith (a self-sustained passion to be deceived) provides a better explanation of how such perpetrators could sustain their beliefs and actions, and shows that Sartre's analysis, unlike Goldhagen's, preserves moral culpability.
The Mystery of Heinrich Müller: New Materials from the CIA
Authors: Naftali Timothy , Goda Norman , Breitman Richard , Wolfe Robert
Published: November 2004

In April 2001, the National Archives released twenty Central Intelligence Agency “Name Files” as part of the 1998 Nazi War Crimes Disclosure Act. Many more such releases will follow. While all of the files contain items of interest to students of the Nazi period and the Cold War, the file for Hitler's Gestapo Chief, Heinrich Müller, is most interesting for what it does not contain. While it is impossible to say for certain how or even whether Müller died in Berlin in the war's final days, the strongest possibility is that such was indeed his fate. What seems very clear is that Müller wasnever recruited or even found—dead or alive—by any United States authority. The analysis below, written by historical consultants to the Interagency Working Group charged with implementing the 1998 Act, is not intended as a riposte to recent media speculation that U.S. intelligence protected Müller after 1945. On the other hand, the authors feel that such claims cannot withstand historical scrutiny.
The Devil in the Details: The Gas Chambers of Birkenau, October 1941
Authors: Allen Michael Thad
Published: November 2004

What were the models for the gas chambers, and when were they first implemented? Examining technical details of the ventilation systems of the Birkenau morgues, this article argues that from the beginning of October 1941 the SS planned Morgue 1 of Crematoria II and III as a gas chamber for the extermination of human beings. The precedents were Zyklon-B chambers for delousing clothing, a technology widely known throughout a network of specialized firms. Far from pursuing the halting and somewhat inconscient development of gas chambers in Birkenau heretofore presented in the historical literature, the SS first took an interest in Zyklon-B chambers in the summer of 1941, and by early October the Central Building Directorate of Auschwitz intentionally and systematically had adapted such equipment to the gassing of human beings.
The “Gemeinde Problem”: The Jewish Restitution Successor Organization and the Postwar Jewish Communities in Germany, 1947–1954
Authors: Takei Ayaka
Published: November 2004

In May 1945, little more than ownerless synagogues, deserted cemeteries, and bombed-out buildings remained of the once-prosperous German Jewish community. In order to prevent the German states from claiming heirless Jewish property in the U.S.-occupied zone, the Jewish Restitution Successor Organization was created. However, a small number of “reestablished” Jewish communities asserted their right to succeed to the communal properties. This article examines the legal and political confrontation that followed.
New Sources on the Holocaust in Italy
Authors: Breitman Richard
Published: November 2004

In 2000 the United States National Archives opened a collection of intelligence documents containing new evidence about the October 1943 roundup and deportation of more than 1,000 Jews in Rome. This article draws upon British decodes of radio messages exchanged between SS and SD officials in Rome and Berlin to identify key participants in the decisions to deport and murder Italian Jews, and to revise the chronology of these decisions. It also shows that this evidence could have been useful in post-World War II trials of a number of Nazi officials, such as Ernst Kaltenbrunner, Karl Wolff, and Wilhelm Harster. Finally, it suggests that the attitudes of the Italian public represented a significant obstacle for Nazi officials seeking to carry out the Final Solution in Italy.
Antisemitism and the Institutional Catholic Church
Authors: Dietrich Donald J.
Published: November 2004

Constantine's Sword: The Church and the Jews, James Carroll (Boston: Houghton Mifflin, 2001), xii + 756 pp., $28.00.

Under His Very Windows: The Vatican and the Holocaust in Italy, Susan Zuccotti (New Haven: Yale University Press, 2001), xi + 408 pp., $29.95.

The Catholic Church and the Holocaust, 1930–1965, Michael Phayer (Bloomington: Indiana University Press, 2000), xviii + 301 pp., $29.95.

The Popes Against the Jews: The Vatican's Role in the Rise of Modern Antisemitism, David Kertzer (New York: Alfred A. Knopf, 2001), vii + 355 pp., $27.95.
Redeeming the Unredeemable: Auschwitz and Man's Search for Meaning
Authors: Pytell Timothy E.
Published: November 2004

Viktor Frankl's Auschwitz memoir has been criticized for misrepresenting the cultural significance of the Holocaust. “The real hero of Man's Search for Meaning,” Lawrence Langer once remarked, was “not man but Viktor Frankl.” Incorporating little-known biographical details and an analysis of how Frankl “worked through” his experiences in earlier writings, this article illuminates how Frankl arrived at his particular version of survival. It reinforces Langer's contention that Frankl distorted the reality of Auschwitz in an attempt to prove his own psychological and philosophical theories.
The Recognition of Foreign Divorces in Ireland: The Return of Travers v. Holley
Authors: Hill Jonathan
Published: November 2004

Over the course of the last hundred and fifty years or so the general trend in the laws of Western European countries has been, first, to make provision for judicial divorce and, second, to make it easier for parties to a marriage which has broken down to obtain such a divorce. This coupled with increased mobility has added to the significance of the law relating to the recognition of foreign divorces. The law's essential task is to strike the right balance between, on the one hand, being too restrictive, thereby creating “limping” marriages (i.e., marriages which are valid in one or more countries, but not others) and, on the other, being too generous, thereby sanctioning “quickie” divorces or divorces of convenience.1
Evidentiary Privileges in International Arbitration
Authors: Mosk Richard M. , Ginsburg Tom
Published: November 2004

Evidentiary rules employed in judicial proceedings are not strictly applied in international arbitration. Although this flexibility with regard to evidentiary matters is often considered a benefit of international arbitration, in certain situations it can lead to unpredictability and conflicts with national law. One such area is the application of evidentiary and testimonial privileges in international arbitration.1There is very little authority addressing how international arbitrators should proceed when presented with a claim of privilege.
I. The Preparatory Commission for the International Criminal Court
Authors: Warbrick Colin , McGoldrick Dominic , Byron Christine , Turns David
Published: November 2004

The Preparatory Commission (PrepCom) was established by Resolution F of the Final Act of the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court (ICC). Under this resolution the PrepCom is intended to “take all possible measures to ensure the coming into operation of the International Criminal Court without undue delay”, and “to make the necessary arrangements for the commencement of [the Court's] functions”.1
The Abm Treaty: Changed Circumstances, Extraordinary Events, Supreme Interests and International Law
Authors: Müllerson Rein
Published: November 2004

The Cold War years may have been in a way a good period for international lawyers and other international relations specialists: things were rather predictable and any fundamental change seemed to be out of the question. Today much has changed. What was just recently unforeseeable has become a reality in which unforeseeability is the norm. What about international law in this context?
The Administration of Kosovo and East-Timor by the International Community
Authors: Ruffert Matthias
Published: November 2004

The intensive debate about the legality of NATO air strikes from March to June 1999 in the context of use of force, Chapter VII competences and humanitarian intervention1including their implication in the domestic constitutional law of NATO members,2may be concealed another development the importance of which in modern Public International Law should not be underestimated: since the time when the Yugoslav/Serbian army left Kosovo, the province has been under direct administration by the international community.3Only a little time later the same phenomenon of international administration came into being in East-Timor, a Portuguese colony until 1975 and claimed by Indonesia afterwards.4
III. Case Concerning the Arrest Warrant of April 00 (Democratic Republic of the Congo v. Belgium)
Authors: Evans Malcolm D. , Wickremasinghe Chanaka
Published: November 2004

An initiating Application filed by the Democratic Republic of Congo (DRC) against Belgium on 17 October 20001 potentially raises similar issues to those raised by the Pinochet case,2 namely the scope of “universal” jurisdiction in relation to serious international crimes against individuals (in this case “grave breaches of the 1949 Geneva Conventions and the 1977 Protocols thereto and crimes against humanity”) and the question of immunity where State officials (in this case a Foreign Minister) are accused thereof. As such it may represent an opportunity for the Court to give an authoritative ruling on these highly controversial and sensitive issues of international law, which seem to be raised with increasingly regularity before national courts. However for now such a ruling is a matter for the future, as on 8 December 2000 the Court dismissed the DRC application for provisional measures, and thus made no comment on the substantive issues of the case. Instead it found that certain intervening factual developments had removed from the application for provisional measures the requisite elements of irreparable prejudice to the rights of the applicant and urgency, thus obviating any need for an Order to be made at this stage.
Environmental Regulation, Investment Protection and ‘Regulatory Taking’ in International Law
Authors: Waelde Thomas , Kolo Abba
Published: November 2004

This article addresses a currently very controversial issue—the question of environmental regulation of foreign investment and the limits on such national regulation by international law, in particular by recently completed and negotiated multilateral investment Treaties (MITs). It contributes to the emerging discussion on how and where to draw the line between legitimate non-compensable national regulation aimed at protecting the environment, or ‘human, animal or plant life or health’1on one hand, and regulation which is ‘tantamount’ to expropriation requiring compensation, on the other. It is a question that is largely responsible for the 1998 collapse of the negotiations for a Multilateral Agreement on Investment (MAI) within the OECD.2This experience is currently the main obstacle for negotiating multilateral investment agreements—and it has already become a problem for the proper implementation of the already existing ones—in particular the novel and far-reaching investor-state arbitration under Chapter XI of NAFTA and Art. 26 of the Energy Charter Treaty.3
The United Kingdom's Human Rights Act 1998 in Theory and Practice
Authors: McGoldrick Dominic
Published: November 2004

Thisessay assesses the significance of the United Kingdom's Human Rights Act (HRA) 1998 on legal theory and practice. Part II considers its constitutional context and significance; Part III deals with whether the European Convention on Human Rights has been ‘incorporated’. Part IV deals with its entry into force. The two principal methods used by the HRA to relate to (1) statutory interpretation and (2) a duty on public authorities or those exercising public functions. We consider these in turn. Part V analyses the interpretative obligation contained in the Act, the power for higher courts to make a ‘declaration of incompatibility’, and effects of such a declaration. Part VI explores the new statutory duty imposed by the Act. Part VII assesses the Act's remedial provisions. Part VIII notes the particular provision made for freedom of expression and freedom of religion. Part IX discusses the issues of ‘horizontal effect’ and the ‘margin of appreciation’. Part X concludes with an assessment of the significance of the HRA on legal theory and practice—just how big a difference has it made and will it make?
United Nations Mandated Naval Interdiction Operations in the Territorial Sea?
Authors: McLaughlin Rob
Published: November 2004

The practice of imposing economic sanctions in order to influence the actions of states and other parties—historically with varied levels of actual effectiveness—has a long and chequered history.2Given, however, that more than 90 per cent of the world's trade is carried by sea,3it is one particular form of sanction management—the ‘so called economic weapon’ of naval blockade— which tends to dominate the implementation of sanctions regimes.4Yet despite the frequency with which naval forces are used to implement maritime sanctions—or perhaps because of the long but erratic history of naval embargo and blockade—the regime as a whole remains haunted by some uncertainties as to its conceptual basis. As WL Martin observes, ‘some measures such as “pacific blockade”, have at times acquired a technical meaning’ which has left them ill-equipped to deal with and adjust to new developments in blockade practice.5Even prior to 1914, the notion of ‘blockade’ was a dualist concept. On one hand, it was clearly a weapon of war.6
The Legal Recognition of Same-Sex Couples—The French Perspective
Authors: Richards Claudina
Published: November 2004

Legislative reforms have been introduced in several European states to tackle the question of the legal recognition of same-sex relations, with the Nordic countries taking the lead.1 Changes in the attitude of the general public towards gays and lesbians, as demonstrated by the publicity and popularity of Gay Pride marches throughout Europe, has brought the issue to the fore of the political and legal arenas. France has been no exception, with the public debate on the recognition of same-sex couples culminating in the recent adoption of the law relating to the Pacte Civil de Solidarité (PACS) which provides for the registration of a couple's partnership regardless of sex.
Foreign Relations and the Judiciary
Authors: Collins Lawrence
Published: November 2004

It is not generally appreciated that Francis Mann was not an international lawyer at all by training. His thesis at Berlin University was in company law. It was only after he had been in England for some time that he began to write about private international law,1and his interest in public international law was developed as a result of his friendship with Sir Hersch Lauterpacht. It was not until 1943 that he published anything about public international law, and in that year he published a substantial article in two parts on the relationship between national law and international law, in which he built on the previous work on Judicial Aspects of Foreign Relations by Louis Jaffe2and on acts of state by Sir William Holdsworth.3Subsequently he came to make this subject his own, at least in England,4where the subject has never attracted the attention which it has attracted in the United States.5
Misfeasance in Public Office, Governmental Liability, and European Influences
Authors: Andenas Mads , Fairgrieve Duncan
Published: November 2004

The protection offered to individuals by remedies in public law and tort law is developing in all jurisdictions. The past few years have witnessed an increasingly important European dimension to the tort liability of public authorities. European Union law and European Human Rights law have added to the constitutional protection of tort claims against public authorities already established as a matter of domestic law in many European countries.
Suspects, Defendants and Victims in the French Criminal Process: The Context of Recent Reform
Authors: Hodgson Jacqueline
Published: November 2004

The recent reform adopted by the French Parliament, the Loi of 15 June 2000, touches upon a wide range of matters from investigation and detention through to trial and appeal, all within a project designed to ‘reinforce the presumption of innocence and the rights of victims’.1 It is part of a broader reform package which originally included strengthening the independence of the procureur2 from the hierarchical control of the Minister of Justice and changing the way in which magistrats3 are selected,4 together with the measures already enacted in June of 1999 to simplify and clarify aspects of criminal procedure and to reduce delay.5 A large part of the June 2000 reform seeks to strengthen the rights of the accused and the safeguards designed to ensure her proper treatment at all stages of the criminal process. Such rhetoric and aspirations stand in contrast to the Home Office and government discourse to which we have become accustomed on this side of the Channel, a discourse dominated by macho language expressing a desire to ‘get tough’ and ‘crackdown’ on crime and presumed criminals.6 Against the backdrop of almost mandatory defence disclosure and the curtailment of the right to silence in this jurisdiction, provisions which strengthen the rights of the accused and provide her with more information about the case against her together with greater opportunities to influence the pre-trial investigation, will make English criminal justice scholars nostalgic for a time when the rights of the accused were seen as something other than ‘a criminal's charter’.
Resolution 242: A Legal Reappraisal of the Right-Wing Israeli Interpretation of the Withdrawal Phrase with Reference to the Conflict Between Israel and the Palestinians
Authors: McHugo John
Published: November 2004

In the Six Day War in June 1967, East Jerusalem, the West Bank and the Gaza Strip came under Israeli military occupation, as well as the Sinai Peninsula and the Golan Heights. On 22 November that year, the UN Security Council unanimously passed Resolution 242, which it was hoped would provide a route to a permanent peace. It seems clear that Resolution 242 now has binding force1 and that it is accepted by all parties today that Resolution 242 sets out the principles which must be applied in order to reach a settlement. The Resolution is recited in the preambles to the Oslo Accords.2 This means that, in addition, it is binding on Israel and the PLO by agreement.3
FromCentrostoUeberseering: Free Movement of Companies, Private, International Law, and Community
Authors: Roth Wulf-Henning
Published: November 2004

Not many decisions of the Court of Justice have stirred such an intensive academic debate in Germany1as the Court's well-knownCentrosjudgment,2dealing with a Danish couple that had registered a private limited company in England and had then applied to register a branch in Denmark. The Danish authorities refused a registration for the reason that under Danish law a ‘foreign limited company’ which does not transact business in its state of incorporation has to fulfil certain requirements of Danish company law, in particular the paying-up of the minimum capital fixed at DKK 200.000. The competent Danish Court referred the question to the Court of Justice whether the Danish regulation was compatible with Article 52 (now Article 43) ECT in conjunction with Article 58 (now Article 48) ECT.
Adversarial and Inquisitorial Models of Civil Procedure
Authors: Jolowicz JA
Published: November 2004

There is a widespread belief in this country that while England and the other common law countries have an adversarial system of civil procedure, continental countries use the inquisitorial system. The fact is, however, that the only kind of situation in which a truly inquisitorial procedure can be envisaged is exemplified when a policeman who, arriving at the scene of a fracas, opens the proceedings with the time honoured formula, ‘What's going on here?’ Short of that, there is nothing to which an inquisitorial judge can direct his inquiry unless and until a complaint of some kind is addressed to him. Even writers on French administrative law, whose procedure is claimed to be inquisitorial, find it difficult to avoid language that might be thought more appropriate to an adversary system. So for example, it is said that notice of the complaint must be given to all those whom the claimant indicates as his opponents.
Can Anti-Suit Injuctions Survive European Community Law?
Authors: Ambrose Clare
Published: November 2004

An injunction to restrain foreign proceedings is probably the most powerful remedy available in an English court for dealing with a jurisdictional dispute. It is certainly the most controversial because the court is interfering with proceedings in another jurisdiction and no comparable remedy exists in civil law systems. The influence of European Community law has intensified the controversy because it has become increasingly doubtful whether the remedy is compatible with the scheme for allocating jurisdiction under the Brussels Convention (or its successor, the Brussels I Regulation) The House of Lord's decision inTurner v Grovitis an important development because their Lordships have made a reference to the European Court of Justice asking, ‘Is it consistent with the Brussels Convention for the courts of the United Kingdom to grant restraining orders against defendants who are threatening to commence or continue legal proceedings in another Convention country when those defendants are acting in bad faith with the intent and purpose of frustrating or obstructing proceedings properly before the English courts?’ (The issue is probably identical to that which would arise under the Brussels I Regulation and references herein to the Convention are generally equally applicable to the Regulation).
Genocidal Intent Before the Icty
Authors: Tournaye Cécile
Published: November 2004

Several crimes recognized in international criminal law are intimately linked to the horrors of the holocaust. Persecution, extermination, and genocide are historically intertwined notions that in all minds refer to the ordeal of the Jewish people before and during the Second World War. This is particularly so with genocide. The 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the ‘Genocide Convention’) is a legal answer to the holocaust. Yet, as any legal notion, genocide goes beyond the characterisation of a specific historical tragedy. It is fated to evolve through legal interpretation, which operates pursuant to certain rules and principles that only subsidiarily rely on the drafting history.