bluuebunny/crossref_metadata_2025 huggingface dataset:
Vorbemerkungen zur Architektur von Schulhäusern
Authors: Egger Jan
Published: June 2019

Die Erstellung von Schulgebäuden ist ein komplexes Unterfangen, in das unterschiedliche staatliche und nichtstaatliche Akteure eingebunden sind. Typischerweise entstehen Schulgebäude in Wellen der Bildungs- und/oder Bevölkerungsexpansionen. Ihre Architekturen werden geprägt durch Fragen des Auftrags der Gebäude: Für welche Unterrichtsformen und welche Vorstellungen ,guten Unterrichts‘ wurden sie gebaut? Gleichzeitig erhebt sich die Frage ihrer Repräsentation: Wie stellen sich Schule und Gemeinde als Bauherrschaft dar? Solche Fragen prägen wesentlich den Möglichkeitsraum, in welchem Schulgebäude entstehen. Sie sollen im Folgenden skizziert werden.
Schulhäuser als Orte pädagogisch initiierter Sozialisationsprozesse – Theoretische Annäherung und Ableitung der Fragestellung
Authors: Egger Jan
Published: June 2019

Das folgende Kapitel dient der Annäherung an den Forschungsgegenstand Schulhaus aus einer architektur- und bildungstheoretischen sowie einer methodologischen Perspektive, die konstitutionstheoretische Voraussetzungen enthält. Das Ziel ist die Ableitung und Klärung der Fragestellung über die Ausformulierung der theoretischen Annahmen, die für das Verständnis des Untersuchungsgegenstandes bestimmend sind. Zu klären ist, was die Architektur als Untersuchungs- und Analysegegenstand an Ergebnissen verspricht, was nicht über andere, zugänglichere und erprobte Daten erreicht werden könnte.
Architektur als Protokoll und Protokollierung von Architektur – Methode und Forschungsdesign
Authors: Egger Jan
Published: June 2019

Die Herausforderungen einer empirischen Architektursoziologie sind nicht nur konstitutionstheoretischer Natur. Architekturanalysen sind auch in methodischer und analytischer Hinsicht eine ambitionierte Aufgabe. Dies liegt zum Ersten daran, dass Architektur synchron und diachron zugleich wirkt. Zum Zweiten liegt es daran, dass Architektur ein nichtsprachliches Protokoll ist.
Schule Schmitten im Kanton Freiburg – Siedlungsbau ist Schulhausbau und vice versa
Authors: Egger Jan
Published: June 2019

Die Schulanlage Schmitten im Kanton Freiburg umfasst insgesamt fünf Schulhäuser und weitere Baukörper wie Bibliothek und Kindergartenpavillon, die fast nahtlos die architektonische Entwicklung der Schulbauten von 1841 bis in die Gegenwart abdecken. Der Fall Schmitten ist deshalb ertragreich, da sämtliche Schulgebäude seit der Einführung der öffentlichen Schule noch vorhanden sind und zugleich ein eigenständiges Schulhaus neuester Bauart diesen Überblick über den Schulhausbau komplementiert. Dies ermöglicht es, an einem Beispiel die Entwicklung der Schule anhand ihrer Architektur zu betrachten und zu dechiffrieren.
Personality predictors of creative achievement and lawbreaking behavior
Authors: Lebuda Izabela , Karwowski Maciej , Galang Adrianne John R. , Szumski Grzegorz , Firkowska-Mankiewicz Anna
Published: June 2019

This article investigates how Big Five personality traits are related to creative achievements and lawbreaking behavior in a large sample (N = 1669) of Polish adults. Structural equation modelling with personality modelled as a bi-factor structure demonstrated a weak, yet significant link (r = .21) between latent factors of creative achievements and lawbreaking behavior. A general factor of personality was unrelated to creative achievement, but negatively linked to lawbreaking behavior. Lawbreaking behavior was also negatively predicted by conscientiousness and agreeableness, while only openness positively predicted creative achievement. A person-centered analysis illustrated three distinct personality profiles: resilient, undercontrolled, and overcontrolled that differed in both lawbreaking behavior and creative achievements.
The associative polymer flooding: an experimental study
Authors: Abirov Rustem , Ivakhnenko Aleksandr P. , Abirov Zhandos , Eremin Nikolai A.
Published: June 2019

This study investigates the sandpack displacement of low viscosity oil (1.68 cP) by brine and aqueous solutions of associative polymers. Polymer flooding has been thoroughly investigated in many laboratory and field tests. Polymer flooding is one of the most widely used enhanced oil recovery (EOR) methods. The method of polymer flooding is not used for development of oil fields with gas caps, fractured reservoirs, high permeability and active bottom-water drive. In the application of polymer flooding, coefficient of oil recovery is increased by 3–10%. Hydrolyzed polymers undergo the significant thermal and chemical degradation at high temperature and salinity. In recent years, researchers have turned their attention to associative polymers. An application of associative polymers to withstand degradation in high temperature and high salinity conditions can enhance oil recovery in high heterogeneous fields. This article presents the results of studies of oil displacement by associative polymers in a two-layer core model. In laboratory studies, the core selected from a sandy reservoir of the South Turgay Basin of the Republic of Kazakhstan was used. Solutions of the following polymers were studied: hydrolyzed polyacrylamide (HPAM) and associative polymer. The physicochemical conditions of the experiments corresponded to the reservoir conditions of the sand layer of the South Turgay Basin: temperature of 82 °C and the salinity of the brine 92,000 ppm. Experiments revealed that the associative polymer is more stable in simulated reservoir conditions than the HPAM polymer. Associative polymer flooding was recommended for pilot testing at the reservoir of the South Turgay Basin.
The costs of dementia subtypes to California Medicare fee‐for‐service, 2015
Authors: Chen Yingjia , Wilson Leslie , Kornak John , Dudley R. Adams , Merrilees Jennifer , Bonasera Stephen J. , Byrne Christie M. , Lee Kirby , Chiong Winston , Miller Bruce L. , Possin Katherine L.
Published: June 2019

Introduction

Dementia is among the costliest of medical conditions, but it is not known how these costs vary by dementia subtype.

Methods

The effect of dementia diagnosis subtype on direct health care costs and utilization was estimated using 2015 California Medicare fee‐for‐service data. Potential drivers of increased costs in Lewy body dementia (LBD), in comparison to Alzheimer's disease, were tested.

Results

3,001,987 Medicare beneficiaries were identified, of which 8.2% had a dementia diagnosis. Unspecified dementia was the most common diagnostic category (59.6%), followed by Alzheimer's disease (23.2%). LBD was the costliest subtype to Medicare, on average, followed by vascular dementia. The higher costs in LBD were explained in part by falls, urinary incontinence or infection, depression, anxiety, dehydration, and delirium.

Discussion

Dementia subtype is an important predictor of health care costs. Earlier identification and targeted treatment might mitigate the costs associated with co‐occurring conditions in LBD.
Using an Unmanned Aircraft System (Drone) to Conduct a Complex High Altitude Search and Rescue Operation: A Case Study
Authors: McRae Jake N. , Gay Christopher J. , Nielsen Brandon M. , Hunt Andrew P.
Published: June 2019

Unmanned aircraft systems, also known as unmanned aerial vehicles or drones, are becoming increasingly common consumer products; their potential applications to search and rescue operations are becoming ever more apparent. A consumer drone was used to locate a mountaineer after he and his climbing partner were separated while summiting Broad Peak in the Karakoram Mountains of northeastern Pakistan, the world's 12th highest summit. The use of a commercial drone in the search for the missing climber allowed for a quick rescue mission, eliminating the need for a fully mobilized rescue party while significantly reducing the risk to the climbers charged with rescuing him. Without the drone, the rescue party would have faced immense challenges, including a vast search area and altitudes near the limits of human physiologic function. With real-time imagery and global positioning system capabilities, drones may become an invaluable tool in search and rescue operations, helping to reduce response time and maintain the safety of responders at high altitude and in many other types of difficult terrain.
Calculated Pressure Distributions and Shock Shapes on Conical Wings with Attached Shock Waves
Authors: Squire L. C.
Published: June 2019

Recently Messiter has proposed a first-order correction to simple Newtonian theory for the pressure distribution on the lower (compression) surfaces of lifting conical bodies. Although the basic theory holds for bodies with and without attached shock waves, solutions have so far only been obtained for bodies with detached shocks. In the present paper an approximate method of applying the theory to bodies with attached shocks is given. In spite of the approximations involved the calculated shock shapes and pressure distributions are in good agreement with some exact solutions for flat wings, except near the incidence for shock detachment. Like the detached shock case, the present solution can be applied to Nonweiler wings in certain off-design conditions. The combined results for the detached shock and for the attached shock enable the off-design behaviour of Nonweiler wings to be discussed in a systematic manner.
The Isobars in Boundary Layers at Supersonic Speeds
Authors: Myring D. F. , Young A. D.
Published: June 2019

For boundary layer flows over curved surfaces at moderately high supersonic speeds the existence of normal pressure gradients within the boundary layer becomes important even for small curvatures and they cannot be ignored. The describing equations are basically parabolic in form so that the simplifications inherent in hyperbolic flows would not at first sight seem to be relevant. However, the equations of motion for a two-dimensional, supersonic, rotational, viscous flow are analysed along the lines of a hyperbolic flow and the individual effects of viscosity and vorticity are examined with regard to the isobar distributions. It is found that these two properties have compensating effects and the experimental evidence presented confirms the conclusion that inside the boundary layer the isobars follow much the same rules as those which determine the isobars in the external hyperbolic flow. Since for turbulent boundary layers the fullness of the Mach number profile produces almost linear Mach lines in the boundary layer, this provides a simple extension to the methods of analysis, and the momentum integral equation is reformulated using a swept element bounded by linear isobars. The final equation is similar in form to the conventional one except that the momentum and displacement thicknesses are now defined by integrals along the swept isobars, and all normal pressure gradients due to centrifugal effects are accounted for.
On the Initial Structure of the Interaction between Wings and Bodies at Supersonic Speeds
Authors: Stewartson K.
Published: June 2019

Using the methods of the linearised theory of supersonic flow, the shape of the pressure curve (or the potential curve) on the root chord of a wing, extending symmetrically from a fuselage of circular cylindrical cross-section, and near its leading edge is calculated in the following three cases: (a) the wing has a rounded leading edge and is non-lifting, (b) the wing is a flat plate at incidence with a supersonic leading edge, (c) the same as (b) except that the leading edge is subsonic. In all cases the fuselage is non-lifting and the plan form of the wing is a half delta. The results in (a) and (b) can be expressed in terms of elementary functions; the results in (b) and (c) are tabulated.
The Triangular Equilibrium Element in the Solution of Plate Bending Problems
Authors: Morley L. S. D.
Published: June 2019

Further details are given of a recently developed triangular equilibrium element which is then applied, in conjunction with the complementary energy principle, to the finite element analysis of some plate bending problems. The element is demonstrated to have a straightforward and satisfactory application and to possess advantages over the conventional triangular displacement element.
A Driver Gas Contamination Probe for Shock Tunnels
Authors: Stalker R. J.
Published: June 2019

A probe is described which will detect contamination, by driver gas, of the test section flow in a shock tunnel. It is a continuously sampling device, which responds to the difference between the ambient speed of sound in the driver gas and the test gas. The probe is compact, easy to construct, and can be used for detection of driver gas in routine testing. The theory of the probe is explained, and experiments are reported which confirm its effectiveness.
U.S. National Commission for UNESCO Conference: Africa and the United States
Authors: Simon  , Ottenberg Phoebe
Published: June 2019

The Eighth National Conference of the U.S. National Commission for UNESCO was held in Boston, October 22-26, 1961 , in cooperation with Boston University. The theme of the conference was “Africa and the United States: Images and Realities.” The conference was attended by over two thousand persons. More than sixty Africans took part, many of whom are prominent in political, educational, or cultural affairs in their home countries. This was probably the largest conference on Africa ever held in the United States, and its participants represented an unusually broad range of interests. Included were educators, journalists, social scientists, technical experts, industrialists, foundation representatives, librarians, artists, writers, government officials, and well-informed layment. The range and scholarliness of the papers presented indicated that there is a growing body of persons in the United States who have had personal contact with African affairs, and also that the United States is beginning to come of age in its understanding of the African continent, not only in the social sciences but in the arts, in the communications field, and in science and technology as well as in other areas.
DIAMETER OF COMMUTING GRAPHS OF SYMPLECTIC ALGEBRAS
Authors: GENG XIANYA , FAN LITING , MA XIAOBIN
Published: June 2019

Let $F$ be an algebraically closed field of characteristic $0$ and let $\operatorname{sp}(2l,F)$ be the rank $l$ symplectic algebra of all $2l\times 2l$ matrices $x=\big(\!\begin{smallmatrix}A & B\\ C & -A^{t}\end{smallmatrix}\!\big)$ over $F$, where $A^{t}$ is the transpose of $A$ and $B,C$ are symmetric matrices of order $l$. The commuting graph $\unicode[STIX]{x1D6E4}(\operatorname{sp}(2l,F))$ of $\operatorname{sp}(2l,F)$ is a graph whose vertex set consists of all nonzero elements in $\operatorname{sp}(2l,F)$ and two distinct vertices $x$ and $y$ are adjacent if and only if $xy=yx$. We prove that the diameter of $\unicode[STIX]{x1D6E4}(\operatorname{sp}(2l,F))$ is $4$ when $l>2$.
The Origin, Environment and Description of the Mashona Cattle of Rhodesia
Authors: Oliver J.
Published: June 2019

The Mashona cattle of Rhodesia are a strain of the Sanga type, which is found in specific areas of Central and Southern Africa. They are descended from protogenic Bos taurus, Bos indicus and Bos brachyceros cattle which were cross-bred in ancient times. in spite of the pandemics which ravaged herds at the turn of the last century, it seems that Mashona cattle have changed little since first brought to the country. An account is given of the Central African environment and the way it affects the physiological processes of cattle. Because Mashona cattle have lived in the Rhodesian environment for many centurites they are well adapted to it. A description is given of Mashona cattle which are being developed as a distinct breed in Rhodesia.
Climatic Factors and Potato Growth
Authors: Gooding E. G. B.
Published: June 2019

In connection with the processing of potatoes grown at Tarland, Aberdeenshire, certain field data were obtained over a period of eight years. It was found that the yield per acre was inversely correlated with rainfall and positively correlated with sunshine for the period May to September; the indications were that the period May to July was more important in this respect, high rainfall and low sunshine during this period depressing the crop more than high rainfall in the August to September period. It has been possible, statistically, to separate the effect of rainfall from that of sunshine (and temperature), and an analysis shows that sunshine (or temperature) is die dominant factor. The number of tubers produced was greatest in those years when sunshine was high and rainfall low. The dry matter content of die tubers was also highest when the sunshine was high and the rainfall low, the closest inverse correlation being with the rainfall for the month of August. The combination of high yield of potatoes and high dry matter content meant that the actual food produced was highest in the drier, more sunny, years.
God, Faith and the Theological Object — An Historical Dialectic
Authors: Welch Claude
Published: June 2019

What is the proper “object” for theological attention? It was the overwhelming judgment of Protestant thinkers in the 19th century that for theology God and faith belong inseparably together. Theology deals with God, but in so far as God is the object for theology, man as believer is also always given in his concrete choosing and affirming and apprehending that is faith. God is available as an “object” only from and with the point of view of a subject.
The Changing Status of Moral Authority
Authors: Burrill Donald R.
Published: June 2019

King Creon had, for political reasons, forbidden the burial of Polyneices. But Antigone, for religious ones, defied Creon and buried her brother. She justified her act by drawing a distinction between the changing regulations of a human ruler and the eternal laws of heaven. Creon speaks: “Knowest thou the edict that forbade this deed?” Antigone answers: I knew it. Why, how else? for it was public. Creon: And such laws thou couldst dare to overstep? Antig.: Yes; for it was not Zeus that published them … I did not deem your edicts of such force That a mere mortal could o'erride the Gods' Unwritten, never-failing ordinances. For these live not today nor yesterda But always; none knows when they first came forth.
דחיח In lQS And τò κοινόν: An Instance of Early Greek and Jewish Synthesis
Authors: Dombrowski Bruno W.
Published: June 2019

Whenever Western Semitic people, i.e., primarily Phoenicians and Hebrews, and later Jews, considered it advisable or faced the necessity to adjust their social groupings to virtually superior institutions of the Greek-speaking realms of the Eastern Mediterranean, they were soon confronted with the problem of how to reproduce the respective Greek sociological terms in their native tongue.

Regarding this kind of Semitization of terms as a consequence of Hellenization, my interest was recently drawn to the relationship of hayyaḥad and to koinon. This apparently deserves further examination.
Theological Language and the Nature of Man in Jean-Paul Sartre's Philosophy
Authors: Hopkins Jasper
Published: June 2019

There is no more prominent atheist today than Jean-Paul Sartre. Yet serious students of Sartre's philosophy are struck by his unabashed use of theological idiom. This use is so extensive that Professor Hazel Barnes in her translator's introduction to Being and Nothingness comments:

Many people who consider themselves religious could quite comfortably accept Sartre's philosophy if he did not embarrass them by making his pronouncement, “There is no God,” quite so specific.
New Evidence For an Old Recension of Reigns
Authors: Klein Ralph W.
Published: June 2019

Scholars have explained a series of supplements in Paraleipomena B′ (hereafter Par) containing material not in the Massoretic Text of Chronicles by one of the following alternatives: (a) the translator of Chronicles had a Hebrew text expanded with passages from 2 Kings; or (b) Greek passages related in some undefinable fashion to 4 Reigns were added to Par. The supplements in Par do, in fact, bear a tantalizing resemblance to Reigns, but they also differ considerably in vocabulary, grammatical forms, and length; and they presuppose independent contact with a Hebrew text distinct from the Massoretic Text of Kings. The debate still stands at this impasse.
Some Points on Equity-Linked Contracts
Authors: Bailey W. G.
Published: June 2019

I. Equity-linked contracts have been the subject of discussions at the Faculty of Actuaries (J. B. Maclean, T.F.A.23, 327), the Institute of Actuaries Students' Society (R. H. Blunt and L. H. Lane, J.S.S.14, 259) and the Institute of Actuaries (J.I.A.84, 37). The papers delivered and the discussions devoted considerable space to the question of the desirability, from the point of view of both the industry and the public, of the issue of such contracts.

Since these discussions, several offices have entered the market both for assurances and for ‘self-employed’ annuity contracts, and this paper, recognizing the de facto position, is concerned with practical points arising from the issue of the contracts.
An Investigation into the Mortality of Impaired Lives During the Period 1947-63
Authors: Preston T. W. , Clarke R. D.
Published: June 2019

This report presents the results of an investigation into the mortality of impaired assured lives during the period 1947-63. A preliminary account, outlining the nature of the investigation, was given by the first author in his Presidential Address to the Assurance Medical Society in 1955, and a report on the results up to the end of 1958 was given in a paper by the second author, which was presented to both the Institute and the Faculty of Actuaries in 1961 (J.I.A. 87, 196, and T.F.A. 27, 20). Earlier this year the first author read a paper to the Assurance Medical Society which gave the statistical results up to the end of 1963. These same statistics form the basis of the present paper, but the text has been revised and expanded. Certain passages in the present paper, notably §§ 7, 8, 9 and 11 which describe the recording and tabulation of data, have been reproduced from Clarke's 1961 paper.
Putting Computers on to Actuarial Work
Authors: Benjamin Sidney
Published: June 2019

Most of the activity of actuaries with computers to date has been concerned with putting actuarial work on to computers, or—at one stage further back—putting life office data on to a computer data-processing system. This paper attempts to contemplate the next stage, the effect of computer knowledge and familiarity on the profession and its techniques.
The Problem of Solvency in Life Assurance
Authors: Ammeter Hans
Published: June 2019

In the train of the economic integration of Europe, a lively discussion has, for some time, been carried on about appropriate criteria of solvency for insurance undertakings in respect of life and non-life assurance. The conflict over the proposals for solvency requirements in non-life assurance still occupies the foreground. Here it is the proposed directive put up for discussion by the E.E.C. authorities which is of particular importance. This directive puts forward quantitative conditions for the solvency reserves of companies carrying on non-life business.
Some Notes on the Fusion of Life Assurance Funds
Authors: Kitton J. H. , Beattie J. M.
Published: June 2019

The merger, a few years ago, of two large composite insurance company Groups brought together under one ultimate control three substantial life assurance funds each fully operative and transacting all types of ordinary life assurance and annuity business. Those three funds have now been fused together by the legal transfer of the life businesses of two of the companies in the Group to the parent company and, as this fusion seems to be the first of its kind which has been undertaken for many years, and certainly the first of such size in the life assurance history of Great Britain, it has been suggested that the operation is of sufficient interest to actuaries generally as to warrant the submission of a paper to a sessional meeting. We are, however, conscious of the fact that, whilst the operation may have added to our history as a practical application of the law and some of our principles, it has not added either to previous knowledge or to our technique. The law governing the operation has remained virtually unchanged since the comprehensive review of life company amalgamations by the late K. J. Britt in the paper he submitted to the Institute in April 1931 (J.I.A. 62, 276) and probably the whole of the technical aspects involved have been expounded by Redington in the masterful review of the principles of life office valuations which he submitted in April 1952 (J.I.A. 78, 286).
Premium Rates and Insurance Protection in Britain and Canada
Authors: Pedoe Arthur
Published: June 2019

That great numbers of His Majesty's subjects, whose subsistence principally depends on the salaries, stipends, and other incomes payable to them, during their natural lives, or on the profits arising from their several trades, occupation, labour, and industry, are very desirous of entering into a society for insuring the lives of each other, in order to extend after their decease the benefit of their present incomes to their families and relations, who may otherwise be reduced to extreme poverty and distress, by the premature death of their several husbands, fathers and friends, which humane intention the petitioners humbly apprehend cannot be effectually carried into execution without His Majesty's royal authority to incorporate them for that purpose.

This is the preamble to the petition presented to the Secretary of State's office of the British Parliament in April 1757 by the promoters of ‘The Corporation for Equitable Assurances on Lives’, the seed from which modern life insurance has sprung. It is undoubtedly the clearest statement made as to the purpose and justification of the life insurance industry and stands as a challenge to those engaged in it.
The Bayesian Approach to Statistics
Authors: Moore P. G.
Published: June 2019

For the last thirty years the teaching of statistics in universities in this country has been dominated by the relative frequency theory of probability, exemplified in Richard von Mises's book, Probability, Statistics and Truth. This statistical definition along the lines of the long run frequency concept of probability can be illustrated by asking what meaning is to be given to the statement ‘the probability of getting a head on a single toss of a penny is one half.’ The relative frequency adherent would answer something like ‘in a long sequence of repeated tosses, the proportion of outcomes that are heads is one half’. In the last ten years, however, an alternative approach has come to the fore, under the general title of the Bayesian Approach to Statistics. A Bayesian adherent would answer something along the lines that he would be ‘prepared to offer even money on getting a head on a single toss’.
Knowledge which Reached a High Degree of Probability
Authors: Bein D.
Published: June 2019

In the decisions of the Israel Supreme Court delivered since the establishment of the State, one sometimes comes across the express or implied statement of the rule that:

“the knowledge possessed by the accused at the time of the act that his conduct would lead to a consequence which the legislature desired to prevent, is by a construction of the law regarded as intention to bring about this consequence. ‘Knowledge’ in this context does not necessarily mean ‘full and certain’ knowledge that this consequence is inevitable but on the other hand it must be knowledge which reached a high degree of probability.”

The object of this article is to clarify a few aspects of this rule (which, for the sake of brevity, will be referred to as the rule of “constructive intention”).
Investment Property Converted into Business Use—Income Tax and Valuation Method
Authors: Neéman Y.
Published: June 2019

The courts and the legislature in both Israel and Britain have recently been occupied with the problem of the valuation of investment property upon conversion to business use. The problem involves the whole complex of income tax and capital gains taxation and goes to the root of the income tax system. Different approaches to the basis of valuation in “converted property” cases have been taken by the American Internal Revenue Code, under the British Finance Act and according to the Israel Income Tax Ordinance. The main object of this study is to analyse and compare the similarities and differences of these tax systems and try to draw conclusions which will suggest the lege ferenda to be applied in Israel. I shall first examine the American practice, then deal with the British views and finally consider the approach adopted by the Israel courts.
Criteria of Liability for Breach of Contract
Authors: Livneh Ernst
Published: June 2019

The Israel law on damages for breach of contract is contained in arts. 106–11 (112) of the Ottoman Code of Civil Procedure, 1879 (OCCP), and the law on damages for torts in the Civil Wrongs Ordinance, 1944, (CWO)— enactments from two different worlds, built upon different foundations. The tests of liability are as follows.

OCCP

art. 109. “If the non-performance of an agreement be not due to bad faith on the part of the person who has undertaken to perform it, the damages awarded against him shall be equivalent only to the direct and determinate loss suffered by the other party owing to such non-performance.”

art. 110. “If the non-performance of the agreement be due to fraud or bad faith on the part of the person bound to perform it, he shall be liable to pay damages which shall include both direct loss caused to the other party by such non-performance and also profits of which he may have been deprived owing to such non-performance.”

CWO

sec. 60, prov. (a), “…where the plaintiff has suffered damage, compensation shall only be awarded in respect of such damage as would naturally arise in the usual course of things and which directly arose from the defendant's civil wrong;…”

Among all the criteria of liability for damages (which will hereafter be analysed) one only is common to both laws—“direct” damage. But neither law is original; it will be more interesting, and more instructive for the elucidation of their meaning, to go back to the sources and to compare both sets of provisions with their source, and the sources with each other.
Law and Religion in Israel
Authors: Rubinstein Amnon
Published: June 2019

The status and place of religion in the law of Israel has been the subject of public controversy, leading to highly emotional outbursts and fervent debate. It is not surprising, therefore, that lawyers and serious writers have shunned this stormy field and have preferred calmer subjects. But this is not the only reason for avoiding a legal discussion of religion in Israel. The subject is strewn with difficulties, legal and extra-legal. The absence of a constitution and the almost unlimited power of the Knesset have resulted in a patchwork of laws which make generalization almost impossible. The provisions of law relating to religion in Israel are not governed by any general scheme. History, political expediency, party politics and, even more, chance are responsible for an amorphous body of laws which baffles outsiders as well as some Israelis dissatisfied with the present state of the law in this field. The present writer belongs to those who resent the use of secular laws to curb religious freedom and to enforce religious practices on non-religious persons. Nevertheless, it is hoped that the present account and analysis of the state of the law is not tainted by personal bias and that in this article a wall separating, if not State and church, at least opinion and fact, is established.
On Rape and the Sanctity of Matrimony
Authors: Livneh Ernst
Published: June 2019

“The morning after a certain night on which Soames at last had asserted his rights and acted like a man, he breakfasted alone….

He ate steadily, but at times a sensation as though he could not swallow attacked him. Had he been right to yield to his overmastering hunger of the night before and break down the resistance which he had suffered now too long from the woman who was his lawful and solemnly constituted help-mate?

The incident was really of no great moment; women made a fuss about it in books; but in the cool judgment of right-thinking men, of men of the world, such as he recollected often received praise in the Divorce Court, he had but done his best to sustain the sanctity of marriage, to prevent her from abandoning her duty ….”

In these hints Galsworthy the artist describes the attitude of English society in 1886. Galsworthy the member of Lincoln's Inn writing in 1906 also knows it as the attitude of English law: a married person has the right of connubium at any time, not dependent on his spouse's love or willingness, and nothing a husband does to compel his wife to have with him normal sex relations will be considered as rape upon her.
Foreign Money Loans: The Rate of Conversion
Authors: Levontin A. V.
Published: June 2019

“I should have thought this result, in the language of one of your Lordships, ‘manifestly impossible’; but rules of law have to be tested in these days, and must survive the application of first principles.” Lord Atkin, in Banco de Portugal v. Waterlow & Sons, Ltd. [1932] A.C. 452, 486–87.

With the arrival upon the scene of the House of Lords' decision in Tomkinson v. First Pennsylvania Banking and Trust Co. [1961] A.C. 1007 it is now settled that whenever judicial occasion may arise to convert foreign into English money, the conversion should be performed in accordance with the rate of exchange prevailing on the day when the money first became due and was not paid. This “breach-date rate” is preferred to the rate at commencement of suit, to the rate during trial or at judgment, to the rate on the day of actual payment, and to any other possible rate. It is to be followed regardless of whether the shift in the exchange results in appreciation or in depreciation of English money vis-à-vis the foreign money in question, as also without regard to whether it is the creditor or the debtor who benefits therefrom. Conversion in accordance with this rate is also preferred to an adjustment of the rights of the parties on equitable lines, as by judicial compromise between creditor and debtor.
The Treatment Of Mentally-Sick Offenders: A Comparative Analysis Of Israel Law, Part II
Authors: Levy Yuval
Published: June 2019

This question is closely connected with substantive law. It is interesting to note that whilst the Israel legislature has purported to revise only the procedure with respect to criminal insanity, the substantive issues were also attacked by the courts soon after the enactment of the procedural innovations in 1955, thus perhaps also reflecting the close interdependent relationship between the procedural and the substantive aspects of the problem. The setting up of a somewhat detailed procedural machinery has, curiously enough, led to far-reaching liberalization of the tests of irresponsibility by the Israel courts who, after a persistently strict adherence to the McNaghten Rules, are now willing to add the test of “irresistible impulse” by an ingenious interpretation of the Criminal Code Ordinance (the terms of which have not been changed in this respect since its enactment in 1936), straining the “natural” meaning of its provisions almost to breaking point.

The first attempt to achieve this far-reaching change of policy was made by Justice Agranat (as he then was) in the Mandelbrot Case but despite his scholarly and forceful opinion he was overruled by the majority of the court. The same issue, however, came up again in the Mizan Case, where a panel of five Justices (two dissenting) confirmed Justice Agranat's minority opinion in the MandelbrotCase, thus incorporating in substantive law the additional test of pressure of irresistible impulse derived from mental illness.
The International Corporation—Its Status in International Law
Authors: Lador-Lederer J. J.
Published: June 2019

The problem of personality in international law is destined, apparently, to remain an obstacle to development, control and responsibility-norms binding on international non-State and non-IGO entities. In short, is this international social phenomenon still subject to the dogma of “States only” in international law? Or, conversely, is international law still the law for inter-State relations only? This writer's views are on record with an analysis of the NGO-phenomenon; he would like to add a few observations on the subject of International Corporations (IC), and on the impact they might possibly have on the general problem of personality of the non-State international entity.

When, thirty-six years ago, the structure and organization of the Bank for International Settlements (BIS), Basle, had been settled by a team of noted draftsmen, Sir John Fischer Williams noted in a paper on this subject: “We theorists have to take heed to build our doctrines on tendencies rather than on ‘facts’; otherwise, when we have finished constructing our systems, it may happen that the facts are no longer what they were when we started building, and the system is out of date before it is established.” In the meantime, several other corporations of a similar nature have been set up but in spite of a number of valuable papers on this subject, we are still without a systematic integration of what has gone on around us—although it is now clear that the traditional pedagogic categories have become unsatisfactory.
The Rabbinical Courts in the State of Israel
Authors: Chigier M.
Published: June 2019

In order fully to understand and appreciate the place of the Religious Courts in modern Israel, we must go back to the time when Palestine was ruled by the Porte of Constantinople and Moslem law was the law of the country. Thereafter we have to consider the period of British Mandatory rule of Palestine and the changes then introduced in the legal system.
Two Paradoxes in the Recognition of Foreign Judgments
Authors: Levontin A. V.
Published: June 2019

An oft-repeated proposition asserts that fraud “vitiates the most solemn proceedings of courts of justice. Lord Coke says it avoids all judicial acts, ecclesiastical or temporal”. Fraus omnia corrumpit. That great master of the common law, Willes J., said in 1863: “…a judgment or decree obtained by fraud upon a court binds not such court, nor any other; and its nullity upon this ground, though it has not been set aside or reversed, may be alleged in a collateral proceeding.”

Nevertheless, such declarations cannot be accepted without reservation. Let us illustrate. A man sues for detention of his goods. The defendant asserts that plaintiff's case is a concocted deception; that the documents are forged and that the plaintiff himself and his witnesses are deliberately perjuring themselves. The defendant maintains, in fact, that the goods in question are, at the very time of trial, being concealed by the plaintiff. The court goes fully into the testimony, rejects the allegations of perjury and fraud, and awards the plaintiff damages. The absolute truth will perhaps never be known. What we do know is that the unsuccessful defendant is henceforth estopped by res judicata. He cannot resist the effect of the judgment, still less can he set it aside, unless he can avail himself of fresh evidence, discovered since the trial; and unless, moreover, he can satisfactorily account for not having known this evidence and made use of it at the trial. This has been clear law since at least early in the 17th century when it was expressly laid down by Bacon L. C. Indeed, the need for new evidence furnishes a major distinction between impeachment (or “review”, as it is also called) of a judgment, on the one hand, and an appeal proper, on the other. This distinction is further reflected in the rule that appeals must be lodged within a prescribed period of time—not so impeachments or reviews.
Summary Procedures in Israel and Abroad
Authors: Livneh Ernst
Published: June 2019

The new Israel Civil Procedure Rules, 1963 re-enact in rr. 269–82, with certain amendments, rr. 241–50 of the Palestinian Civil Procedure Rules, 1938 dealing with “Summary Procedure on Specially Endorsed Statement of Claim”, which in their turn were a colonial version of Order XIV of the English Rules of the Supreme Court. A glance at some recent judgments in Israel shows a surprising number of cases in which doubts have arisen as to the application and scope of the Summary Procedure in general and the defendant's right to be heard in particular. One may wonder whether litigants and lower courts quite understand the rules of the game or whether the game is after all not as easy as might be expected of a summary procedure. And indeed, compared with institutions in continental Europe, where scores of thousands of claims are disposed of without discussion and complaint, our Summary Procedure seems inelegant and burdensome on plaintiff and defendant alike. It is the object of this study to compare it, and the procedure under the English Order XIV, with those European institutions. In view of the gap between Anglo-Israel and Continental notions of civil procedure it may be useful also to sketch the history of the various forms of action, viz. the (summary) trial by documents, the non-litigious executory instruments and the conditional command to pay.
Some Reflections on the British Rule inSharkeyv.Wernherwith Special Reference to its Effects on Israel Tax Law
Authors: Lapidoth Arye
Published: June 2019

Although legally the Israel Supreme Court is not bound by its own decisions, in practice it will normally follow them. It is therefore not surprising that when the Supreme Court recently deviated from a previous decision, the case raised considerable interest as well as some controversy. The case in question isCohenv.Assessing Officer, which was heard before a bench of five judges. By a majority of three to two the Court deviated from a decision which had been unanimously reached, by a bench of three judges, inBen Zviv.Assessing Officer. Both cases dealt with a tax problem which confronted the Israeli revenue for the last ten years. As will be shown, the problem is not limited to Israel Law. Indeed, one of the main points considered by the Court was the meaning and effect of the controversial decision of the House of Lords inSharkeyv.Wernher. This was the problem involved.

It is a basic rule of Israel tax law that a man who sells land for a profit is not liable to pay income tax unless the profit has been derived from “any trade…or from any transaction or adventure in the nature of trade”.
A Survey of the Definition of International Straits and the Issue of “Status Mixtus”
Authors: Moser Mibi B.
Published: June 2019

The issue of free navigation through international waterways is not academic nor need any hypothetical questions be posed. The concept of free navigation and international interest continues to confront the concept of sovereignty and national interest. To solve some of the acute problems thus engendered, it has become necessary to establish a body of rules within the scope of international law.

This paper is devoted to one category of international waterways, the so-called international straits. “Still waters run deep” and it seems as if narrow strips of water are often the most troublesome.

The most recent controversy concerning free navigation through straits arose in 1967 between Israel and the U.A.R. over the Tiran Straits. In the absence of an international power able to enforce the so-called international rule of free navigation or to convince the parties that the rule did not apply, the conflict was resolved by force of arms.

No agreement exists between the littoral States as to the legal status of the Gulf of Aqaba and the Straits. The most cited document in this connection is the Geneva Convention on Territorial Sea and Contiguous Zone of 1958. Examination of the preparatory and subsequent material of the 1958 Geneva Conference on the law of the sea, leads to the conclusion that the problem of straits in international law is not so much a question of substantive rule as a problem of defining international straits. The rule as such of free navigation is well established and was articulated long ago by Grotius. The right of innocent passage and the freedom of the high seas is today basically derived from the rule as defined by Grotius.
The Sources and Nature of Jewish Law and its Application in the State of lsrael, Part II
Authors: Elon Menachem
Published: June 2019

E. Public Participation as a Factor in the Development of Jewish Law An additional important factor in the development of Jewish Law was the participation of the communal leaders and men of affairs in some of the Jewish legal institutions and in particular the major role of the community and its leaders in Jewish legislation. I have already referred at some length to the existence of the lay courts, on a considerable number of which halachic scholars sat alongside the lay leaders, business men and artisans, as well as to the institution of arbitration, in various areas of the Diaspora. Although in certain places and at certain periods these institutions induced limitations upon and even prejudiced the orderly development of the system of Jewish Law—and sometimes a proper juridical régime in general—nevertheless it would appear that when these institutions worked in harmony with the scholars and the courts constituted of qualified judges, this cooperation contributed not a little to the close adaptation of Jewish Law to the problems of everyday life, an event which was accompanied by great and fruitful development. In pre-emancipation Jewish society, which was as a group traditionally-minded, recognizing the higher virtues of and bound by the Halachah, such cooperation largely existed.
Articulate Brachiopods of the St. Clair Limestone (Silurian), Arkansas, and the Clarita Formation (Silurian), Oklahoma
Authors: Amsden Thomas W.
Published: June 2019

The St. Clair Limestone and Clarita Formation contain large, Upper Silurian (Wenlockian) brachiopod faunas. The St. Clair Limestone crops out in two areas in north-central Arkansas; one is the type area near Batesville, in parts of Independence, Stone, and Izard Counties, the other is near Gilbert, Searcy County. The Clarita Formation, Fitzhugh Member, crops out in the Arbuckle Mountain region and Criner Hills of south-central Oklahoma. The articulate brachiopod fauna of the St. Clair Limestone comprises 45 species and subspecies referred to 35 genera and subgenera, and that of the Clarita Formation, Fitzhugh Member, comprises 23 species and subspecies referred to 22 genera and subgenera. The combined St. Clair-Clarita fauna totals 51 species and subspecies, of which 17 are new; 40 genera and subgenera are represented, of which 9 are new:Orthostrophella, Onychotreta(Eilotreta),Onychotreta(Lissotreta),Placotriplesia, Boucotides, Leangella(Opikella),Virginiata, Dicamaropsis, andHomoeospirella.The faunas of the St. Clair and Clarita are remarkably similar; all but six of the Clarita species are present in the St. Clair, and the two formations are closely related in age. Strata of this age are probably widely distributed in the Midcontinent area of the United States, although the brachiopod evidence for this is meager. The generic suite represented in the St. Clair-Clarita brachiopod faunas is similar to that of the Wenlock of Great Britain and the Slite and Mulde Marlstones of Gotland; the stage of development represented by the St. Clair species ofDicoelosiais also similar to that ofD. bilobafrom the Wenlock Limestone and Slite and Mulde Marlstones. The St. Clair-Clarita brachiopod fauna does not show any marked similarity to brachiopod faunas known to be in the Silurian of Bohemia, and, in fact, correlation with the Czechoslovakian Silurian section is at present uncertain.
Shandy
Authors: E. A. M.
Published: June 2019

The Gleaning on p. 427 of The Gazette for December, 1965, has produced three notes on a very individual teacher. In an age when “aids” flourish, we do well to return from time to time to the teacher in the class-room, on whom everything depends. These notes are printed in full (apart from introductions) as a tribute to the past and as an encouragement to the eccentrics of the present.