bluuebunny/crossref_metadata_2025 huggingface dataset:
The Judge's Discretion in Sentencing: Israel's Basic Laws and Supreme Court Decisions
Authors: Kannai Ruth
Published: February 2016

In the Israeli legal system, trial courts determine offenders' punishments. Israeli law only sets maximum penalties for crimes and offenses, and rarely provides for mandatory punishment. Even the few instances of mandatory punishment are subject to the judicial discretion recently bestowed by amendment 39 of the Penal Law authorizing the court to impose a sentence lighter than the mandatory punishment, under special circumstances. The broad discretion bestowed by amendment 39 created a situation in which in practice the law would no longer provide for substantive mandatory sentencing. In view of this, the reform of amendment 39 was revised before it went into effect by Amendment 44 of the Penal Law. The current law stipulates that under mitigating circumstances the court may set a penalty lighter than the mandatory one prescribed by law, but that the court must state its reasons for so doing. Discretion is witheld in cases of mandatory life imprisonment for murder, the most important instance of mandatory punishment in our legal system. The law further stipulates that only in three well-defined circumstances may the court pass a reduced sentence for murder.
Reparation and Criminal Justice: Can they be Integrated?
Authors: Walther Susanne
Published: February 2016

The role of the victim within the public criminal justice process has traditionally been one of supporting public prosecution. Without the victim's cooperation, police and prosecutors would neither be informed about the occurrence of crimes, nor be able to bring sufficient evidence to secure convictions or extra-judicial settlements. In Germany, for instance, about 90% of all prosecutions are initiated by private complaint.

Compared to what the victim gives the state, the state traditionally gives little to the victim. While the victim's procedural position has been strengthened in Germany in recent decades, namely by the expansion of the right to join the prosecution as a collateral complainant, procedural participation alone has not been sufficient to satisfy the victim's need to be made whole. Victimological research indicates that the victim has a profound interest in compensation of damages. However, since according to our traditional understanding, the victim's claims and the State's claims against the offender are inherently different in nature, they ought to be governed by different types of principles and proceedings. Doctrinally, the criminal courts settle theState'sconflict with the offender, while the victim's conflict with the offender is a matter for the civil law and the civil courts. Therefore, the legal consequences of crime, it is believed, reflect primarily the needs of the general public and not the “private” interests of the victim (whether defined as to receive: compensation; reparation; satisfaction; vindication).
Why Must Trials be Fair?
Authors: Trechsel Stefan
Published: February 2016

Why should fairness be a dominant interest of criminal proceedings? Such questions are shocking, and asking them arouses perplexity. Fairness is quite an obvious value, unquestioned in law, criminal proceedings, in human rights and in everyday life.

It is certainly not the purpose of this paper to cast any doubt upon the basic assumption that trials must be fair. However, there is a certain attractiveness in looking for an answer to a question when the answer appears to be obvious. There is also a chance that an analysis of the background of a norm will strengthen that norm and the motivation to respect it. Such a study may even add colour and contour to the norm and assist in its interpretation.
Settling Criminal Cases Without a Trial
Authors: Swart Bert
Published: February 2016

According to Article 13 of the International Covenant on Civil and Political Rights and Article 6 of the European Convention on Human Rights everyone is entitled to a fair and public hearing by an independent and impartial tribunal in the determination of any criminal charge against him. The essence of both provisions could be rephrased by saying that criminal sanctions may only be imposed on a person by an independent and impartial tribunal and only if that person has been able to defend himself against a charge during a hearing that satisfies all requirements of a fair trial.

Realities, of course, are rather different. In almost all national systems of justice there is an increasing tendency to develop procedures that allow for imposing sanctions without the necessity of a criminal trial. Their main purpose is usually to relieve the system of a burden of cases with which it cannot really cope. Basically, there are two strategies to reduce the workload of courts and public prosecutors. The first is to invite the suspect to waive his right to trial in exchange for certain favours. This usually occurs in the form of an agreement between the public prosecutor and the suspect, while quite often the cooperation of the court that would have tried the case is also required. The second solution is to grant sanctioning powers to administrative bodies and to allow individual persons an appeal against their decisions to an independent and impartial tribunal.
Confrontation and the Definition of Chutzpa
Authors: Friedman Richard D.
Published: February 2016

You may know the standard illustration of chutzpa — the man who kills both his parents and then begs the sentencing court to have mercy on an orphan. In this article, I discuss a case of chutzpa that is nearly as outlandish — the criminal defendant who, having rendered his victim unavailable to testify, contends that evidence of the victim's statement should not be admitted against him because to do so would violate his right to confront her. I contend that in a case like this the defendant should be deemed to have forfeited the confrontation right. On the same grounds, if the jurisdiction applies a rule against hearsay, he should be deemed to have forfeited the right to invoke it against evidence of the statement.
Liability in Bailment in Israeli Law — Rethinking Benefit
Authors: Renner Shirley
Published: February 2016

While “classical” tort law deals with the liability of those unlawfully in possession of goods for their damage or loss, the law of bailment deals with the liability of those lawfully in possession of goods for their damage or loss.

The Israeli statute relating to bailment, The Bailees Law, more closely resembles the law of bailment in common law, than its civil law counterpart, the law of deposit. Similar to the law of bailment in common law, Israel's Bailees Law covers both possession where the primary object is the safekeeping of goods, e.g., a warehouseman, and possession where the primary object is other than safekeeping of goods, e.g., chattel hire, hire of work and labour to be performed upon a chattel, and a pledge.

In terms of liability for the loss of or damage to the goods, the Israeli statute roughly resembles the “traditional” law of bailment in the common law, which distinguishes different kinds of bailment according to the existence and location of benefit received.
Leading Decisions of the Supreme Court of Israel and Extracts of the Judgment
Authors: Leissner Omi Morgenstern
Published: February 2016

Israel Women's Network v. The Government of Israel (1994) 48(v) P.D. 501

The petitioner, the Israel Women's Network, petitioned the Supreme Court of Justice against the appointment of a new member to the Ports and Railways Council and against the appointment of two new directors on behalf of the State to the board of directors of the State-controlled Oil Refinery. All three of the new appointees were men, such that neither of the two councils included a single woman in their composition. The petitioner disputed the constitutionality of these appointments arguing that in the particular circumstances and in line with sec. 18A of the Government Companies Law, the appointees ought to have been women. By a majority decision the Supreme Court held that the respondent did not fulfill the duty of affirmative action required by sec. 18A of the Law, and that the cancellation of the appointments made was justified.
Judicial Review and Political Accountability: The Case of the High Court of Justice in Israel
Authors: Dotan Yoav
Published: February 2016

The inter-relation between government policies, public opinion and court decisions are the subject of intense discussion in academic literature. Constitutional theorists maintain that courts are required to defend individual rights, especially minority rights. Courts are also expected to refrain from excessive interference in decision-making processes conducted by the other two branches of government. Both these themes are derived from the assumption that courts, unlike the legislature and the executive branch, are not representative institutions. They are not required to reflect the preferences of the majority in their decisions. Rather, the reverse is expected: to confront decisions which endanger the rights of minorities. The “success” of courts in maintaining their institutional autonomy — according to this view — is evaluated by their ability to withstand political pressures and effect their counter-majoritarian role.

Political scientists, on the other hand, are concerned with the extent to which courts in fact fulfill this counter-majoritarian role. Some argue that the counter-majoritarian function of the court is no more than a doctrinal aspiration, perhaps even a myth. Constitutional courts, they argue, serve more to legitimize socio-political reforms and broader cultural propensities which were previously endorsed by the political establishment and public opinion, than to confront majoritarian decisions. Others maintain that, while courts are not wholly insulated from public opinion, they still manage, on many occasions, to retain their institutional autonomy vis-à-vis political pressures.
The Israeli Basic Laws' (Potentially) Fatal Flaw
Authors: Avnon Dan
Published: February 2016

For generations the question of the political form worthy of its apparentteloshas occupied the best legal, philosophical and rabbinical minds of the Jewish tradition. Resolution of the political question presupposes resolution of the theological question of whether the Jewish people indeed have a uniquetelos, and whether thistelosis linked to a particular political or social form. This ongoing deliberation is one of the defining features of the inter-generational dialogue within the Jewish heritage.

When the Zionist movement declared its intention to initiate the founding of a Jewish State in Zion, this decision caused unprecedented turmoil in Jewish communities. For some, the creation of a political entity in the Land of Israel signaled a brash and unwelcome rejection of the Orthodox belief that the return will occur only in the days of the Messiah, until which time political inaction is the appropriate conduct.
The Role of the Supreme Court in a Democracy
Authors: Barak Aharon
Published: February 2016

There are three constitutional branches: the legislative branch, the executive branch, and the judicial branch, and they are the product of our constitution, our Basic Laws. They are of equal status, and the relationship between them is one of “checks and balances”. This system is designed to assure that each branch operates within the confines of its authority, for no branch may have unlimited powers. The purpose of checks and balances is not effective government; its purpose is to guarantee freedom.

In this system of powers, the task of the judicial branch is to adjudicate conflicts according to the laws. For that purpose, the judicial branch has to perform three principal functions. The first is concerned with determining the facts. From the entirety of the facts, one should determine those facts which are relevant to adjudicating the conflict. The second function is concerned with determining the law. The third function is concerned with applying the law to the facts, and drawing the appropriate judicial conclusion.
Canada's Constitutional Revolution: From Legislative to Constitutional State
Authors: Weinrib Lorraine Eisenstat
Published: February 2016

… ‘true’ democracy recognizes the power of the constitution — fruit of the constituent authority — to entrench the fundamental human rights and the basic values of the system against the power of the majority. Such a limitation of majority rule does not impair democracy but constitutes its full realization.

In 1982, Canada's written constitution acquired a bill of rights. The Canadian Charter of Rights and Freedoms, 1982 emerged as the product of a prolonged debate as to the propriety and desirability of protecting, by judicial review, an array of constitutional norms as part of the “supreme law” of Canada. The richness of that debate precipitated a new constitutional model that enlisted not only the courts, but the legislature and executive as well, in the project of rights-protection.
Constitutional Rights and Finnish Criminal Law and Criminal Procedure
Authors: Lahti Raimo
Published: February 2016

The constitutional aspects of criminal law and criminal procedure only began to receive serious attention in Finland in the 1990s. The remarkable change in legal thinking and practice in this respect was connected to two major legislative reforms: firstly, Finland ratified the European Convention on Human Rights and Fundamental Freedoms (ECHR) in 1990 and, secondly, new provisions on fundamental (basic) rights were incorporated in the Finnish Constitution in 1995. A fully revised new Constitution of Finland was enacted in 1999 (to be entered into force on 1 March 2000), but the substance of fundamental rights and freedoms was confirmed already in the constitutional reform of 1995.

Those aspects had not, however, been completely overlooked before. Most of the relevant human rights treaties were eventually ratified in Finland (e.g., the International Covenant on Civil and Political Rights, CCPR) and, when ratified, they were incorporated into the domestic legal order. Nevertheless, courts or administrative authorities very seldom referred to human rights treaties or constitutional rights before the late 1980s; a tradition of invoking constitutional rights in the courts was lacking. Instead, human rights treaties and constitutional rights were primarily regarded as binding the legislator.
Pardoning Policy: Key Constitutional Implications and Some Theoretical Considerations
Authors: Sheleff Leon
Published: February 2016

The ultimate stage of the criminal justice system — that of pardon, as well as amnesty, clemency, sentence reduction and early release — is one of the most neglected areas of criminological and penological concern. Indeed, there is a paradoxical symbolism in the fact that this final stage of the punitive process remains at the margins of academic concern. Essentially, for many prisoners, the actual penalty that they will serve is determined at this stage. The phenomenon of pardon is a variegated one, with many diverse expressions, and there is a pressing need for an overall integrative analysis.
The Impact of the Basic Law: Human Dignity and Liberty on the Law of Criminal Procedure and Evidence
Authors: Harnon Eliahu
Published: February 2016

In March 1992, Israel's Parliament, the Knesset, enacted Basic Law: Human Dignity and Liberty. Some believe that this Basic Law has created a constitutional revolution in Israel, while others feel this view to be exaggerated. In any event, there is general agreement that the Basic Law, with its 13 brief sections, has effected many significant changes in numerous areas of law.

It is well known that criminal procedure and some parts of the law of evidence are particularly sensitive to constitutional changes. To what extent is this also true in Israel as a consequence of the Basic Law and interpretations given to it?

More particularly, what precisely does the Basic Law say, and what has the Supreme Court inferred from the principles of human dignity and liberty beyond the express provisions of the Basic Law? What influence does the Basic Law exert on new legislation and indeed on legislation preceding the enactment of the Basic Law itself? May one expect that the Supreme Court will adopt the idea that the Basic Law embodies an exclusionary rule of evidence obtained in breach of a constitutional right? These, and other relevant questions, will be discussed below. First, however, we shall refer briefly to the legal and social background of the Basic Law.
Unjustified Retribution
Authors: Knowles Dudley
Published: February 2016

In a number of related papers Michael S. Moore has advanced a powerful theory of retributive punishment. The position as stated is simple: “retributivism is the view that we ought to punish offenders because and only because they deserve to be punished”. Desert is a necessary and sufficient condition for just punishment. However simple and straightforward the view, it still needs to be defended and Moore has been energetic in defending his corner against traditional objections and against replies that his account has attracted since first publication. His latest effort invites readers to pursue these problems in still greater depth. This is an invitation I am happy to accept. First I want to reexamine the charge that there is circularity in his account and second, I want to look more closely at the intuitions which ground his acceptance of the principle of desert.

One worrying thought, for Moore, is that he may be begging the question. His argument proceeds by inviting us to consider a range of cases. In “The Moral Worth of Retribution” the focus is on a couple of savage murders. In “Justifying Retributivism” we are asked to practice Kant's thought-experiment: how should we deal with the last murderer before we leave the island; and ponder the fate of Dostoyevsky's nobleman who set his dogs to tear a child to pieces.
The Claim of Irresistible Desire and the Agranat Doctrine
Authors: Parush Adi
Published: February 2016

In this article, I will consider several of the general questions raised by the rule that has long guided Israeli courts when faced with a claim of irresistible desire. The claim can be portrayed thus: “Indeed, the defendant perpetrated the act constituting the offence, and did so consciously (as distinct from certain situations of automatism), while aware of the nature of his conduct and knowing that his conduct was unlawful (as opposed to instances of mistake of fact or law). However, although there was no justification for his conduct (as distinct from certain situations of necessity), he has an excuse in that the conduct was the result of a desire he was unable to resist”.

This claim may be employed as a defence intended to show that the defendant is not morally culpable for his conduct. But, in this article, I shall consider the claim of irresistible desire as a defence intended to exempt the defendant from criminal responsibility. The two are not necessarily related. Criminal responsibility — as opposed to moral culpability — is a function of law. And what the law establishes in one country may differ from what it establishes in another.
Double Criminality in Extradition Law
Authors: Gardocki Lech
Published: February 2016

1. The principle of double criminality is traditionally bound with institutions of international criminal law. Double criminality is a requirement not only with extradition, but also with the transfer of criminal proceedings and with execution of foreign sentences. International criminal law employs a range of “double conditions”, the common denominator of which is the requirement that two legal systems share a certain set of values or legal prescriptions. In addition to double criminality, international law uses such terms as “double punishability”, the “double possibility of criminal proceedings” and the “double possibility of the execution of penal judgment”. Among these concepts, double criminality is the most important and universal condition applied in the basic institutions of international criminal law, such as extradition, the transfer of proceedings, and the execution of foreign penal judgments.
The Double Criminality Rule Revisited
Authors: Williams Sharon A.
Published: February 2016

Extradition law and process is the complex vehicle for the return by one state of accused or convicted fugitives from the criminal justice of another state. From an international law perspective, it is for the most part, a treaty matter bearing on the rights and duties of states and the emphasis is on inter-state cooperation, reciprocity and mutuality of obligations. However, it is also part of the domestic criminal law process and as the result will be the potential or actual deprivation of the liberty or even the life of the fugitive, if the requesting state retains the death penalty, today extradition is seen as necessarily protecting the human rights of the fugitive.

The focus of this article is on the protection given to the fugitive by the double or dual criminahty rule under the extradition law of Canada. Two major issues will be analyzed. Firstly, whether the crime for which the extradition request is made by the foreign state is an extraditable crime meeting the requirement of double criminality and secondly, whether the extradition judge in Canada is mandated to inquire into and seek evidence of the foreign criminal law.
The Legacy of Feist Revisited – A Critical Analysis of the Creativity Requirement
Authors: Pessach Guy
Published: February 2016

One of the most significant court decisions in copyright law has been the United States Supreme Court's decision in Feist Pub., Inc. v. Rural Tel. Serv. Co., and its path-breaking approach towards the requirement of originality. The grant of copyright protection, in an intangible work, is conditioned upon the fulfillment of the prerequisite of originality. Until the Feist decision, Anglo-American copyright law had a long tradition of interpreting the requirement of originality as imposing a minimum standard of labor, skill or judgment in the production of a work that is not a copy of another work. In Feist, a watershed decision, which had international impact and influence, the United States Supreme Court first introduced the requirement of creativity into Anglo-American copyright law. According to the court's ruling, only works that entail a minimum standard of creativity could pass the threshold of originality and therefore be eligible for copyright protection.
THE LIBYAN CONNECTION: SETTLEMENT, WAR, AND OTHER ENTANGLEMENTS IN NORTHERN CHAD
Authors: SCHEELE JUDITH
Published: February 2016

Historically, connections between southern Libya and northern Chad have always been close, if only due to the fundamental need for connectivity that characterises most Saharan economies. Drawing on so far mostly inaccessible archival records and oral history, this article outlines the implications of this proximity, arguing that it led to intimate entanglements within families and an ongoing confusion of property rights. This in turn resulted in increased rather than diminished hostility during the years of war that opposed the two countries, as people attempted to define uncertain boundaries, and were – and still are – competing for access to similar resources, moral, symbolic, social, and economic.
Genetically engineering milk
Authors: Whitelaw C. Bruce A. , Joshi Akshay , Kumar Satish , Lillico Simon G. , Proudfoot Chris
Published: February 2016

It has been thirty years since the first genetically engineered animal with altered milk composition was reported. During the intervening years, the world population has increased from 5bn to 7bn people. An increasing demand for protein in the human diet has followed this population expansion, putting huge stress on the food supply chain. Many solutions to the grand challenge of food security for all have been proposed and are currently under investigation and study. Amongst these, genetics still has an important role to play, aiming to continually enable the selection of livestock with enhanced traits. Part of the geneticist's tool box is the technology of genetic engineering. In this Invited Review, we indicate that this technology has come a long way, we focus on the genetic engineering of dairy animals and we argue that the new strategies for precision breeding demand proper evaluation as to how they could contribute to the essential increases in agricultural productivity our society must achieve.
Single-dose infusion ketamine and non-ketamine N-methyl-d-aspartate receptor antagonists for unipolar and bipolar depression: a meta-analysis of efficacy, safety and time trajectories
Authors: Kishimoto T. , Chawla J. M. , Hagi K. , Zarate C. A. , Kane J. M. , Bauer M. , Correll C. U.
Published: February 2016

Background

Ketamine and non-ketamine N-methyl-d-aspartate receptor antagonists (NMDAR antagonists) recently demonstrated antidepressant efficacy for the treatment of refractory depression, but effect sizes, trajectories and possible class effects are unclear.

Method

We searched PubMed/PsycINFO/Web of Science/clinicaltrials.gov until 25 August 2015. Parallel-group or cross-over randomized controlled trials (RCTs) comparing single intravenous infusion of ketamine or a non-ketamine NMDAR antagonist v. placebo/pseudo-placebo in patients with major depressive disorder (MDD) and/or bipolar depression (BD) were included in the analyses. Hedges’ g and risk ratios and their 95% confidence intervals (CIs) were calculated using a random-effects model. The primary outcome was depressive symptom change. Secondary outcomes included response, remission, all-cause discontinuation and adverse effects.

Results

A total of 14 RCTs (nine ketamine studies: n = 234; five non-ketamine NMDAR antagonist studies: n = 354; MDD = 554, BD = 34), lasting 10.0 ± 8.8 days, were meta-analysed. Ketamine reduced depression significantly more than placebo/pseudo-placebo beginning at 40 min, peaking at day 1 (Hedges' g = −1.00, 95% CI −1.28 to −0.73, p < 0.001), and loosing superiority by days 10–12. Non-ketamine NMDAR antagonists were superior to placebo only on days 5–8 (Hedges' g = −0.37, 95% CI −0.66 to −0.09, p = 0.01). Compared with placebo/pseudo-placebo, ketamine led to significantly greater response (40 min to day 7) and remission (80 min to days 3–5). Non-ketamine NMDAR antagonists achieved greater response at day 2 and days 3–5. All-cause discontinuation was similar between ketamine (p = 0.34) or non-ketamine NMDAR antagonists (p = 0.94) and placebo. Although some adverse effects were more common with ketamine/NMDAR antagonists than placebo, these were transient and clinically insignificant.

Conclusions

A single infusion of ketamine, but less so of non-ketamine NMDAR antagonists, has ultra-rapid efficacy for MDD and BD, lasting for up to 1 week. Development of easy-to-administer, repeatedly given NMDAR antagonists without risk of brain toxicity is of critical importance.
Mobility and the kinetic politics of migration and development
Authors: Suliman Samid
Published: February 2016

The basic claim of this article is that when the ‘migration-development nexus’ is conceived through a ‘mobilities’ lens, a different account of politics is possible. I refer to this different account of politics as ‘kinetic politics’, to denote that polity formations and political relations are not spatially determined (that is, by processes of boundary formation and relations that travel across these boundaries), but are constituted through movement as people come and go. I argue for a methodological reorientation towards understanding the kinetic politics of development, in order to apprehend the ways in which migrants and migrancy are implicated in the constitution of the polities through which ‘development’ is organised. The recognition of movement as a transversal political relation that cuts across territorial boundaries has implications for the ways in which development is analysed and pursued. I propose that this line of inquiry opens up space to think critically about whether or not formal political membership will remain tethered to problematic territorial and technocratic approaches to ‘sustainable’ development. Might there be space for thinking about migrancy as the basis for rights, and political community as inherently kinetic?
Combining reward shaping and hierarchies for scaling to large multiagent systems
Authors: HolmesParker Chris , Agogino Adrian K. , Tumer Kagan
Published: February 2016

Coordinating the actions of agents in multiagent systems presents a challenging problem, especially as the size of the system is increased and predicting the agent interactions becomes difficult. Many approaches to improving coordination within multiagent systems have been developed including organizational structures, shaped rewards, coordination graphs, heuristic methods, and learning automata. However, each of these approaches still have inherent limitations with respect to coordination and scalability. We explore the potential of synergistically combining existing coordination mechanisms such that they offset each others’ limitations. More specifically, we are interested in combining existing coordination mechanisms in order to achieve improved performance, increased scalability, and reduced coordination complexity in large multiagent systems.

In this work, we discuss and demonstrate the individual limitations of two well-known coordination mechanisms. We then provide a methodology for combining the two coordination mechanisms to offset their limitations and improve performance over either method individually. In particular, we combine shaped difference rewards and hierarchical organization in the Defect Combination Problem with up to 10 000 sensing agents. We show that combining hierarchical organization with difference rewards can improve both coordination and scalability by decreasing information overhead, structuring agent-to-agent connectivity and control flow, and improving the individual decision-making capabilities of agents. We show that by combining hierarchies and difference rewards, the information overheads and computational requirements of individual agents can be reduced by as much as 99% while simultaneously increasing the overall system performance. Additionally, we demonstrate the robustness of this approach to handling up to 25% agent failures under various conditions.
A reinforcement learning approach to coordinate exploration with limited communication in continuous action games
Authors: Rodríguez Abdel , Vrancx Peter , Grau Ricardo , Nowé Ann
Published: February 2016

Learning automata are reinforcement learners belonging to the class of policy iterators. They have already been shown to exhibit nice convergence properties in a wide range of discrete action game settings. Recently, a new formulation for a continuous action reinforcement learning automata (CARLA) was proposed. In this paper, we study the behavior of these CARLA in continuous action games and propose a novel method for coordinated exploration of the joint-action space. Our method allows a team of independent learners, using CARLA, to find the optimal joint action in common interest settings. We first show that independent agents using CARLA will converge to a local optimum of the continuous action game. We then introduce a method for coordinated exploration which allows the team of agents to find the global optimum of the game. We validate our approach in a number of experiments.
To fish or not to fish? Resource degradation and income diversification in Benin
Authors: Stoop Nik , Houssa Romain , Verpoorten Marijke
Published: February 2016

The authors study the impact of natural resource degradation on income diversification in Beninese fishing communities. Using survey data and econometric analysis, they show that fishermen are more likely to diversify their income when the degradation of the fish stock is more severe. However, the level of income diversification that they find is surprisingly low and far from sufficient to relieve the stress on the lakes. The latter relates to low levels of formal education among fishermen and the unregulated use of highly productive, but damaging, fishing gear. These two factors result in a high return to fishing relative to non-fishing activities, even amid degradation.
Weight and skin colour as predictors of vitamin D status: results of an epidemiological investigation using nationally representative data
Authors: Rajan Sonali , Weishaar Tom , Keller Bryan
Published: February 2016

Objective

Current US dietary recommendations for vitamin D vary by age. Recent research suggests that body weight and skin colour are also major determinants of vitamin D status. The objective of the present epidemiological investigation was to clarify the role of age as a predictor of vitamin D status, while accounting for body weight and skin colour, among a nationally representative sample.

Design

We calculated the mean serum 25-hydroxyvitamin D levels for the US population by age and weight, as well as by weight and race/ethnicity group. Multiple regression analyses were utilized to evaluate age and weight as predictors of vitamin D status: serum 25-hydroxyvitamin D levels with age alone, age and body weight, and age, body weight and their two-way interaction were modelled for the entire sample and each age subgroup. Graphical data were developed using B-spline non-linear regression.

Setting

National Health and Nutrition Examination Survey (31 934 unweighted cases).

Subjects

Individuals aged 1 year and older.

Results

There were highly significant differences in mean vitamin D status among US residents by weight and skin colour, with those having darker skin colour or higher body weight having worse vitamin D status. Although a significant factor, the impact of age on vitamin D status was notably less than the impact of body weight.

Conclusions

Vitamin D status varied predominantly by body weight and skin colour. Recommendations by nutritionists for diet and supplementation needs should take this into account if vitamin D-related health disparities are to be meaningfully reduced across the USA.
EDITORIAL
Authors: HARRIS ELLEN T.
Published: February 2016

As is now generally agreed, so-called ‘authentic’ performances of baroque music are modern in conception and sound. The point was argued convincingly during the 1980s by Laurence Dreyfus, Richard Taruskin and others (Dreyfus, ‘Early Music Defended against Its Devotees: A Theory of Historical Performance in the Twentieth Century’, The Musical Quarterly 69/3 (1983), 297–322; Taruskin, Daniel Leech-Wilkinson, Nicholas Temperley and Robert Winter, ‘The Limits of Authenticity: A Discussion’, Early Music 12/1 (1984), 3–25; Nicholas Kenyon, ed., Authenticity and Early Music: A Symposium (Oxford: Oxford University Press, 1988)). Radically separated from nineteenth-century performance traditions, the reconstructed ‘old’ sound was exciting and new, and, for me at least, there have been occasions when these ‘authentic’ performances have been revelatory, shedding light on music I thought I knew (although, to be fully confessional in terms of the era in which it all began, I also loved the Swingle Singers and Wendy (Walter) Carlos's Switched-On Bach).
‘AM I IN ROME, OR IN AULIS?’: JOMMELLI'SCAJO MARIO(1746) AS OPERATICCAPRICCIO
Authors: FORMENT BRUNO
Published: February 2016

In contrast to what its title suggests, Niccolò Jommelli'sCajo Mario(Rome, 1746) has little to do with the consul Caius Marius (157–86 BC). Instead, the opera transposes the myth of Iphigenia in Aulis to the Roman Republic, having Marius, his daughter, her lover and her villainous suitor assume the roles of Agamemnon, Iphigenia, Achilles and Ajax respectively. Thus configured, Jommelli's opera held the stage until 1772, enjoying fifteen revivals with most of the original music intact – a record in the composer's oeuvre. This essay seeks to clarify the reasons for that remarkable success. By juxtaposing Jommelli's score and Gaetano Roccaforte's libretto with a set of six paintings by the contemporary artist Antonio Joli (c1700–1777), it aims to show howCajo Marioshares compositional strategies with a connoisseur's genre in the fine arts: thecapriccio. In keeping with Joli'scapricci, which all deploy the same structural motif,Cajo Marioincorporates a narrative structure through which the ‘parallel universe’ of related works imposes itself on the opera's setting and action, making spectators wonder – as a character does in the course of the opera – whether they are gazing at an event from republican Rome or reliving a legend from ancient Greece.
The (Mis)Representation of African American Music: The Role of the Fiddle
Authors: DJEDJE JACQUELINE COGDELL
Published: February 2016

During the early twentieth century, research on African American music focused primarily on spirituals and jazz. Investigations on the secular music of blacks living in rural areas were nonexistent except for the work of folklorists researching blues. Researchers and record companies avoided black fiddling because many viewed it not only as a relic of the past, but also a tradition identified with whites. In the second half of the twentieth century, rural-based musical traditions continued to be ignored because researchers tended to be music historians who relied almost exclusively on print or sound materials for analyses. Because rural black musicians who performed secular music rarely had an opportunity to record and few print data were available, sources were lacking. Thus, much of what we know about twentieth-century black secular music is based on styles created and performed by African Americans living in urban areas. And it is these styles that are often represented as the musical creations for all black people, in spite of the fact that other traditions were preferred and performed. This article explores how the (mis)representation of African American music has affected our understanding of black music generally and the development of black fiddling specifically.
Mandatory Funding Would Boost U.S. Science Budget
Authors: Showstack Randy
Published: February 2016

Much of the White House's proposed 4.2% increase for federal research and development funding next year depends on Congress agreeing to a new "mandatory" funding category not subject to a budget cap.
Co-Occurring Autism and Intellectual Disability: A Treatment for Encopresis Using a Behavioral Intervention Plus Laxative Across Settings
Authors: Axelrod Michael I. , Tornehl Mary , Fontanini-Axelrod Angela
Published: February 2016

The current study investigated the effects of a behavioral intervention plus laxative therapy for 2 adolescents with Autism Spectrum Disorder (ASD), Intellectual Disability (ID), and chronic histories of constipation and frequent fecal accidents. The treatment consisted of regularly scheduled toilet sits, an incentive system for bowel movements in the toilet, and a cleanup procedure for fecal accidents, plus a laxative. The behavioral intervention was implemented at home by each participant’s parents and at school by educational staff. A multiple baseline design across participants was used to evaluate the effects of the treatment on participants’ frequency of soiling, frequency of successful bowel movements in the toilet, and successful self-initiated bowel movement in the toilet. The treatment resulted in improvements in both participants’ fecal incontinence. Specifically, both participants achieved full fecal continence after 9 and 10 weeks respectively. Moreover, treatment gains were maintained following the withdrawal of the behavioral intervention and laxative. Results indicate that a behavioral intervention implemented across settings and laxative therapy can have a profound effect on the encopresis of adolescents with co-occurring ASD and ID.
Brief Sleep Intervention to Enhance Behavioral Parent Training for Noncompliance: Preliminary Findings From a Practice-Based Study
Authors: Nelson Timothy D. , Van Dyk Tori R. , McGinnis J. Christopher , Nguyen Anhthony V. , Long Susanne K.
Published: February 2016

The purpose of this study was to conduct a preliminary evaluation of a brief behavioral sleep protocol for enhancing standard behavioral treatment for child noncompliance among children with behavior problems. Data were drawn from an archival analysis of pediatric cases treated for noncompliance or disruptive behavior problems in an outpatient behavioral health clinic. A total of 50 cases (mean age = 7.6 years) were identified in which the brief behavioral sleep protocol was delivered prior to behavioral parent training, and weekly parent ratings of child sleep and compliance were collected. Repeated-measures analyses indicated a significant immediate improvement in both child sleep and compliance ratings following the brief behavioral sleep protocol and prior to initiating behavioral parent training. Analyses examining changes from pretreatment to the end of all treatment (including both sleep and behavioral parent training) indicated large improvements in parent ratings of child compliance, with an effect size much larger than typical effect sizes in the literature for behavioral parent training alone. Treatment effects did not significantly differ across 3 clinicians delivering the interventions. Results of this preliminary evaluation suggest that the addition of a brief behavioral sleep protocol at the beginning of standard behavioral treatment for child noncompliance can substantially improve treatment outcomes. Further evaluation using rigorous clinical trial methods and norm-referenced measures is needed, but this study suggests that addressing sleep problems may be an important component of optimal treatment for child behavior problems.
Should a Teen With Nonadherence Be Listed for Kidney Transplant? Ethical Issues and Clinical Decision-Making
Authors: Cousino Melissa K. , Mednick Lauren
Published: February 2016

Nonadherence to a medical treatment regimen, a pervasive problem across pediatric chronic illnesses, is a common reason for referral to pediatric psychology. In the area of pediatric solid organ transplant, demonstrated adherence to a treatment regimen is often required for transplant listing because of significant medical risks associated with nonadherence to posttransplant treatment regimens, in addition to the scarcity of organs available. The current article details the psychological treatment course of an adolescent with end-stage renal disease and nonadherence to an aspect of his treatment regimen, which led to inability to be listed for transplant. Despite extensive intervention efforts guided by the adherence literature base, treatment success was not consistently maintained. The ethical questions and clinical decision-making that arose throughout the course of treatment as providers weighed risks and benefits of transplant listing are detailed.
Hsp90 modulates the stability of MLKL and is required for TNF-induced necroptosis
Authors: Zhao X M , Chen Z , Zhao J B , Zhang P P , Pu Y F , Jiang S H , Hou J J , Cui Y M , Jia X L , Zhang S Q
Published: February 2016

The pseudokinase mixed lineage kinase domain-like protein (MLKL) is a key component of tumor necrosis factor (TNF)-induced necroptosis and plays a crucial role in necroptosis execution. However, the mechanisms that control MLKL activity are not completely understood. Here, we identify the molecular chaperone Hsp90 as a novel MLKL-interacting protein. We show that Hsp90 associates with MLKL and is required for MLKL stability. Moreover, we find that Hsp90 also regulates the stability of the upstream RIP3 kinase. Interference with Hsp90 function with the 17AAG inhibitor destabilizes MLKL and RIP3, resulting in their degradation by the proteasome pathway. Furthermore, we find that Hsp90 is required for TNF-stimulated necrosome assembly. Disruption of Hsp90 function prevents necrosome formation and strongly reduces MLKL phosphorylation and inhibits TNF-induced necroptosis. Consistent with a positive role of Hsp90 in necroptosis, coexpression of Hsp90 increases MLKL oligomerization and plasma membrane translocation and enhances MLKL-mediated necroptosis. Our findings demonstrate that an efficient necrotic response requires a functional Hsp90.
Loss of Fas apoptosis inhibitory molecule leads to spontaneous obesity and hepatosteatosis
Authors: Huo J , Ma Y , Liu J-J , Ho Y S , Liu S , Soh L Y , Chen S , Xu S , Han W , Hong A , Lim S C , Lam K-P
Published: February 2016

Altered hepatic lipogenesis is associated with metabolic diseases such as obesity and hepatosteatosis. Insulin resistance and compensatory hyperinsulinaemia are key drivers of these metabolic imbalances. Fas apoptosis inhibitory molecule (FAIM), a ubiquitously expressed antiapoptotic protein, functions as a mediator of Akt signalling. Since Akt acts at a nodal point in insulin signalling, we hypothesize that FAIM may be involved in energy metabolism. In the current study, C57BL/6 wild-type (WT) and FAIM-knockout (FAIM-KO) male mice were fed with normal chow diet and body weight changes were monitored. Energy expenditure, substrate utilization and physical activities were analysed using a metabolic cage. Liver, pancreas and adipose tissue were subjected to histological examination. Serum glucose and insulin levels and lipid profiles were determined by biochemical assays. Changes in components of the insulin signalling pathway in FAIM-KO mice were examined by immunoblots. We found that FAIM-KO mice developed spontaneous non-hyperphagic obesity accompanied by hepatosteatosis, adipocyte hypertrophy, dyslipidaemia, hyperglycaemia and hyperinsulinaemia. In FAIM-KO liver, lipogenesis was elevated as indicated by increased fatty acid synthesis and SREBP-1 and SREBP-2 activation. Notably, protein expression of insulin receptor beta was markedly reduced in insulin target organs of FAIM-KO mice. Akt phosphorylation was also lower in FAIM-KO liver and adipose tissue as compared with WT controls. In addition, phosphorylation of insulin receptor substrate-1 and Akt2 in response to insulin treatment in isolated FAIM-KO hepatocytes was also markedly attenuated. Altogether, our data indicate that FAIM is a novel regulator of insulin signalling and plays an essential role in energy homoeostasis. These findings may shed light on the pathogenesis of obesity and hepatosteatosis.
A bacterial filter protects and structures the gut microbiome of an insect
Authors: Lanan Michele Caroline , Rodrigues Pedro Augusto Pos , Agellon Al , Jansma Patricia , Wheeler Diana Esther
Published: February 2016

Associations with symbionts within the gut lumen of hosts are particularly prone to disruption due to the constant influx of ingested food and non-symbiotic microbes, yet we know little about how partner fidelity is maintained. Here we describe for the first time the existence of a gut morphological filter capable of protecting an animal gut microbiome from disruption. The proventriculus, a valve located between the crop and midgut of insects, functions as a micro-pore filter in the Sonoran Desert turtle ant (Cephalotes rohweri), blocking the entry of bacteria and particles ⩾0.2 μm into the midgut and hindgut while allowing passage of dissolved nutrients. Initial establishment of symbiotic gut bacteria occurs within the first few hours after pupation via oral–rectal trophallaxis, before the proventricular filter develops. Cephalotes ants are remarkable for having maintained a consistent core gut microbiome over evolutionary time and this partner fidelity is likely enabled by the proventricular filtering mechanism. In addition, the structure and function of the cephalotine proventriculus offers a new perspective on organismal resistance to pathogenic microbes, structuring of gut microbial communities, and development and maintenance of host–microbe fidelity both during the animal life cycle and over evolutionary time.