bluuebunny/crossref_metadata_2025 huggingface dataset:
Nonmotor features of Parkinson's disease subtypes
Authors: Marras Connie , Chaudhuri K. Ray
Published: February 2016

Parkinson's disease is highly heterogeneous in early clinical features and later outcomes. This makes classifying subgroups of PD relevant to clinical research and practice, particularly if they are prognostically relevant. Subgroups have been defined both on the basis of motor and nonmotor features, and subgroups have been determined either empirically, based on clinical observation, or using data‐driven analytic techniques. Previous studies have examined both the overall number and the nature of nonmotor symptoms and signs in tremor‐dominant compared with non‐tremor‐dominant subtypes, and longitudinal studies identify nonmotor symptoms as important markers of prognosis and important defining features of PD subtypes. Autonomic features seem to preferentially affect individuals with non‐tremor‐dominant PD subtype early in the disease. Later in the disease cognitive disturbance distinguishes this phenotype. Pathological and neuroimaging studies provide substantial evidence for fundamental biological differences between tremor‐dominant and postural instability gait disorder/akinetic‐rigid subtypes. Biomarker studies point toward non‐tremor‐dominant PD as representing more advanced and diffuse neurodegeneration than tremor‐dominant PD, encompassing dopaminergic and nondopaminergic as well as synuclein and nonsynuclein (Abeta) pathologies. This aligns with clinical studies that find a higher burden of nonmotor symptoms in non‐tremor‐dominant PD. The mounting evidence for the relevance of nonmotor features in PD subtypes behooves us to begin to investigate the biological underpinnings of subtypes defined by both motor and nonmotor features. This may be challenging, as PD subtypes are unlikely to be distinct nonoverlapping entities but are more likely to represent typical phenotypes within a multidimensional spectrum resulting from variable contributions of a number of simultaneous pathological processes. © 2016 International Parkinson and Movement Disorder Society
Production of germ cell‐deficient salmonids by dead end gene knockdown, and their use as recipients for germ cell transplantation
Authors: Yoshizaki Goro , Takashiba Kuniko , Shimamori Shotaro , Fujinuma Kiyoko , Shikina Shinya , Okutsu Tomoyuki , Kume Sachi , Hayashi Makoto
Published: February 2016

We previously established a spermatogonial transplantation model in fish using triploid recipients. Although triploid salmonids are sterile, they carry a limited number of immature triploid germ cells that potentially compete with the donor‐derived germ cells for their niche. We therefore assessed the biological characteristics of germ cell‐deficient gonads in rainbow trout for their suitability as recipients for germ cell transplantation in this study. Antisense morpholino oligonucleotides against the dead end gene were microinjected into the fertilized eggs of rainbow trout to eliminate endogenous germ cells, leaving only their supporting cells. Unlike similar approaches performed in zebrafish and medaka, these germ cell‐deficient rainbow trout did not show a male‐biased sex ratio. Approximately 30,000 spermatogonia were then transplanted into the body cavities of both germ cell‐deficient and control recipients. The donor‐derived germ cells showed significantly higher proliferation in the gonads of germ cell‐deficient recipients than those in the gonads of the control recipients. Finally, the applicability of the germ cell‐deficient recipients for xenogeneic transplantation was evaluated by transplanting rainbow trout spermatogonia into germ cell‐deficient masu salmon recipients. The resulting recipient salmon matured normally and produced trout gametes, and early survival of the resulting trout offspring was as high as that of the control offspring. Thus, dead end‐knockdown salmonids appear to be ideal recipients for the intraperitoneal transplantation of spermatogonia. Mol. Reprod. Dev. 83: 298–311, 2016. © 2016 Wiley Periodicals, Inc.
Normal weight dyslipidemia: Is it all about the liver?
Authors: Højland Ipsen David , Tveden‐Nyborg Pernille , Lykkesfeldt Jens
Published: February 2016

Objective

The liver coordinates lipid metabolism and may play a vital role in the development of dyslipidemia, even in the absence of obesity. Normal weight dyslipidemia (NWD) and patients with nonalcoholic fatty liver disease (NAFLD) who do not have obesity constitute a unique subset of individuals characterized by dyslipidemia and metabolic deterioration. This review examined the available literature on the role of the liver in dyslipidemia and the metabolic characteristics of patients with NAFLD who do not have obesity.

Methods

PubMed was searched using the following keywords: nonobese, dyslipidemia, NAFLD, NWD, liver, and metabolically obese/unhealthy normal weight. Additionally, article bibliographies were screened, and relevant citations were retrieved. Studies were excluded if they had not measured relevant biomarkers of dyslipidemia.

Results

NWD and NAFLD without obesity share a similar abnormal metabolic profile. When compared with patients with NAFLD who have obesity, the metabolic abnormalities of NAFLD without obesity are similar or less severe. Furthermore, hepatic lesions develop independent of obesity, and the extent of dyslipidemia seems comparable.

Conclusions

NAFLD may impair hepatic lipid handling, causing faulty lipid homeostasis, and serves as a likely starting point for initiation and propagation of dyslipidemia along with associated comorbidities in patients without obesity.
AN INVESTIGATION OF THE ACCEPTABILITY OF VIDEOCONFERENCING WITHIN A SCHOOL‐BASED BEHAVIORAL CONSULTATION FRAMEWORK
Authors: Fischer Aaron J. , Dart Evan H. , Leblanc Hannah , Hartman Kelsey L. , Steeves Rachel O. , Gresham Frank M.
Published: February 2016

School‐based behavioral consultation with classroom teachers is one of the primary ways school psychologists deliver intervention services to students. The present study aimed to evaluate the acceptability of videoconferencing (VC) with teachers as an alternative medium of consultative communication. Specifically, problem identification interviews (PIIs) were conducted with 60 classroom teachers to simulate a typical consultation interaction. Each teacher completed two PIIs with the researcher consultants, one in a traditional face‐to‐face (FtF) format and one in a videoconference (VC) format Teachers completed two brief pre‐post measures, the Fast Form of the Technology Acceptability Model (FF‐TAM) and the Distance Communication Comfort Scale (DCCS) to evaluate the acceptability of VC. Demographic moderators of the acceptability of VC were evaluated using a multiple regression analysis. The results suggest that although teachers rated VC as an acceptable communication medium prior to participating in the VC interview, teacher acceptability ratings increased to “highly acceptable” after participating in the study. Finally, no variables were identified that significantly moderated the relationship between teachers' acceptability rating of VC and their demographic variables. Implications for practice and future research are discussed.
Density functional theory for d‐ and f‐electron materials and compounds
Authors: Mattsson Ann E. , Wills John M.
Published: February 2016

The fundamental requirements for a computationally tractable Density Functional Theory‐based method for relativistic f‐ and (nonrelativistic) d‐electron materials and compounds are presented. The need for basing the Kohn–Sham equations on the Dirac equation is discussed. The full Dirac scheme needs exchange‐correlation functionals in terms of four‐currents, but ordinary functionals, using charge density and spin‐magnetization, can be used in an approximate Dirac treatment. The construction of a functional that includes the additional confinement physics needed for these materials is illustrated using the subsystem‐functional scheme. If future studies show that a full Dirac, four‐current based, exchange‐correlation functional is needed, the subsystem functional scheme is one of the few schemes that can still be used for constructing functional approximations. © 2016 Wiley Periodicals, Inc.
Dissociation of trivalent metal ion (Al3+, Ga3+, In3+ and Rh3+)–peptide complexes under electron capture dissociation conditions
Authors: Chen Xiangfeng , Liu Guoqiang , Elaine Wong Y. L. , Deng Liulin , Wang Ze , Li Wan , Dominic Chan T.‐W.
Published: February 2016

Rationale

The electron capture dissociation (ECD) of proteins/peptides is affected by the nature of charge carrier. It has been reported that transition metal ions could tune the ECD pathway of peptides. To further explore the charge carrier effect of metal ions, ECD of peptides adducted with trivalent transition metal ions, including group IIIB (Al3+, Ga3+, and In3+) and Rh3+, were investigated and compared with that of the lanthanide ion (Ln3+).

Methods

Bradykinin‐derived peptides were used as model peptides to probe the dissociation pathways. The ECD experiments were performed on a Bruker APEX III 4.7T Fourier transform ion cyclotron resonance (FTICR) mass spectrometer.

Results

Typical c‐/z‐ions with and without metal ions were observed in the ECD of peptides adducted with Group IIIB metal ions as charge carriers. Connection of non‐metalated c‐ions and metalated z‐ions at the position of the serine residue indicated that serine is one of the binding sites of the metal ion on the model peptides. Typical slow heating ions, including metalated a‐/b‐ions and non‐metalated y‐ions, were generated in ECD of Rh3+‐adducted peptides.

Conclusions

Based on the experimental results, it is proposed that (i) for Group IIIB metal ion‐peptide complexes, the incoming electron is captured by the proton in the salt‐bridge structures of precursor ions; (ii) for Rh3+‐peptide complexes, the incoming electron is captured by the metal ion due to the formation of charge‐solvated precursor ions formed through arginine residue‐metal coordination. Our results indicate that the heterogeneity of precursor ions plays an important role for the ECD of metalated peptides. Copyright © 2016 John Wiley & Sons, Ltd.
Study of steel‐WC interface produced by solid‐state capacitor discharge sinter‐welding
Authors: Maizza G. , Cagliero R. , Iacobone A. , Montanari R. , Varone A. , Mezzi A. , Kaciulis S.
Published: February 2016

Multimaterial components are more suitable than monolithic materials to combine several mechanical and functional properties simultaneously. Bi‐layer components made of WC‐Co and steel can combine enhanced wear resistance and toughness, which are beneficial for a wide range of advanced tribo‐structural applications. In this study, a new solid‐state capacitor discharge sinter‐welding (CDSW) process has been used to achieve an AISI M2 steel/WC–12% Co joint starting from green compacts. The CDSW process allows very short processing times, which help to prevent the coarsening of steel grains or WC particles, as well as avoid WC decomposition and minimize microstructural defects. The morphological, chemical, and structural characteristics of the phases and interface have been investigated. The results demonstrate an intimate bonding of the two joining materials and a significant diffusion of substitutional elements up to 100–150 µm apart from the interface. Copyright © 2016 John Wiley & Sons, Ltd.
A GIS‐based siting technique for automatic weather stations in Trabzon, Turkey
Authors: Yildirim Volkan , Nisanci Recep , Colak Ebru Husniye , Yildiz Okan
Published: February 2016

The Turkish Government has planned to establish 400 new automatic weather stations (AWSs) in seven natural disaster‐prone regions throughout the country. Site selection is one of the most important steps in the process of setting up an AWS. In this study, a GIS‐based siting method was developed and applied in order to identify the most appropriate sites for five AWSs to be constructed in Trabzon Province. Consequently, the 164 sites found to be suitable were analysed in relation to the locations of the existing meteorological observation stations, and five suitable locations were determined for the new AWSs.
Not the End of the Odyssey: Parental Perceptions of Whole Exome Sequencing (WES) in Pediatric Undiagnosed Disorders
Authors: Rosell Allyn McConkie , Pena Loren D. M. , Schoch Kelly , Spillmann Rebecca , Sullivan Jennifer , Hooper Stephen R. , Jiang Yong‐Hui , Mathey‐Andrews Nicolas , Goldstein David B. , Shashi Vandana
Published: February 2016

Due to the lack of empirical information on parental perceptions of primary results of whole exome sequencing (WES), we conducted a retrospective semi‐structured interview with 19 parents of children who had undergone WES. Perceptions explored during the interview included factors that would contribute to parental empowerment such as: parental expectations, understanding of the WES and results, utilization of the WES information, and communication of findings to health/educational professionals and family members. Results of the WES had previously been communicated to families within a novel framework of clinical diagnostic categories: 5/19 had Definite diagnoses, 6/19 had Likely diagnoses, 3/19 had Possible diagnosis and 5/19 had No diagnosis. All parents interviewed expressed a sense of duty to pursue the WES in search of a diagnosis; however, their expectations were tempered by previous experiences with negative genetic testing results. Approximately half the parents worried that a primary diagnosis that would be lethal might be identified; however, the hope of a diagnosis outweighed this concern. Parents were accurately able to summarize their child's WES findings, understood the implications for recurrence risks, and were able to communicate these findings to family and medical/educational providers. The majority of those with a Definite/Likely diagnosis felt that their child's medical care was more focused, or there was a reduction in worry, despite the lack of a specific treatment. Irrespective of diagnostic outcome, parents recommended that follow‐up visits be built into the process. Several parents expressed a desire to have all variants of unknown significance (VUS) reported to them so that they could investigate these themselves. Finally, for some families whose children had a Definite/Likely diagnosis, there was remaining frustration and a sense of isolation, due to the limited information that was available about the diagnosed rare disorders and the inability to connect to other families, suggesting that for families with rare genetic disorders, the diagnostic odyssey does not necessarily end with a diagnosis. Qualitative interviewing served a meaningful role in eliciting new information about parental motivations, expectations, and knowledge of WES. Our findings highlight a need for continued communication with families as we navigate the new landscape of genomic sequencing.
A Comparison of the Levels of Oil, Carotenoids, and Lipolytic Enzyme Activities in Modern Lines and Hybrids of Grain Sorghum
Authors: Moreau Robert A. , Harron Andrew F. , Powell Michael J. , Hoyt Jonathan L.
Published: February 2016

Carotenoids are potentially valuable components in grain sorghum and there is a need to better understand their concentration, composition, and value. Thirteen modern commercial grain sorghum hybrids and five sorghum lines were extracted and analyzed and the levels of oil and carotenoids were compared. The same samples were also evaluated for lipolytic enzyme activity. The oil content in all eighteen samples ranged from 3.21 to 4.29 wt%. Lutein and zeaxanthin were the predominant carotenoids and the levels of total carotenoids ranged from 3.82 to 19.5 ppm in the oil, which was much lower than the levels of total carotenoids in two yellow corn samples (70.8 and 103 ppm). Lipolytic enzyme activity was estimated by storing milled kernel samples for 2 weeks at 25 °C and measuring the levels of total free fatty acids. After 2 weeks, the levels of free fatty acids in the oil of the eighteen sorghum samples ranged from 11.49 and 52.17 wt%, compared to 10.29 and 17.54 wt% in oil from the two corn samples. This new data will be useful for persons using grain sorghum for food, biofuels and other industrial applications. Examples of sorghum genotypes with high and low levels of carotenoids and high and low levels of lipolytic enzymes were both identified.
Utilisation of extended release quetiapine (Seroquel XL™): Results from an observational cohort study in England
Authors: Osborne V. , Davies M. , Layton D. , Shakir S.A.W.
Published: February 2016

Background

A post-authorisation safety study was carried out as part of the EU Risk Management Plan to examine the long-term (up to 12 months) use of quetiapine XL as prescribed in general practice in England.

Aim

To present a description of the drug utilisation characteristics of quetiapine XL.

Methods

An observational, population-based cohort design using the technique of Modified Prescription-Event Monitoring (M-PEM). Patients were identified from dispensed prescriptions issued by general practitioners (GPs) for quetiapine XL between September 2008 and February 2013. Questionnaires were sent to GPs 12 months following the 1st prescription for each individual patient, requesting drug utilisation information. Cohort accrual was extended to recruit additional elderly patients (special population of interest). Summary descriptive statistics were calculated.

Results

The final M-PEM cohort consisted of 13,276 patients; median age 43 years (IQR: 33, 55) and 59.0% females. Indications for prescribing included bipolar disorder (n = 3820), MDD (n = 2844), schizophrenia (n = 2373) and other (non-licensed) indications (n = 3750). Where specified, 59.3% (7869/13,276) were reported to have used quetiapine IR (immediate release formulation) previously at any time. The median start dose was highest for patients with schizophrenia (300 mg/day [IQR 150, 450]). The final elderly cohort consisted of 3127 patients and 28.5% had indications associated with dementia. The median start dose for elderly patients was highest for patients with schizophrenia or BD (both 100 mg/day [IQR 50, 300]).

Conclusions

The prevalence of off-label prescribing in terms of indication and high doses was common, as was use in special populations such as the very elderly. Whilst off-label use may be unavoidable in certain situations, GPs may need to re-evaluate prescribing in circumstances where there may be safety concerns. This study demonstrates the ongoing importance of observational studies such as M-PEM to gather real-world clinical data to support the post-marketing benefit:risk management of new medications, or existing medications for which license extensions have been approved.
A multicenter observational study of the effectiveness of antiarrhythmic agents in ventricular arrhythmias: A propensity‐score adjusted analysis
Authors: Suzuki Makoto , Nagahori Wataru , Mizukami Akira , Matsumura Akihiko , Hashimoto Yuji
Published: February 2016

Background

Ventricular tachyarrhythmias (VTs) are life‐threatening events that result in hemodynamic compromise. Recurrence is common and may worsen a patient's clinical course despite appropriate treatment. This study aimed to examine the effectiveness of antiarrhythmic drugs for suppression of VTs.

Methods

In this cohort study, eligible patients were those who were admitted to one of the nine cardiovascular care centers and treated with continuous infusion of an antiarrhythmic drug for at least 1 h to prevent recurrence of VTs after return of spontaneous circulation. To adjust for differences in baseline characteristics among treatment groups, propensity scores for administered agents were generated and used as covariates in regression analyses.

Results

Seventy‐two patients were enrolled and 67 patients were included in the final analysis. Amiodarone (n=21, 31.3%), nifekalant (n=24, 35.8%), and lidocaine (n=22, 32.8%) were administered as first‐line therapy for suppression of VTs. In the adjusted analyses, the odds ratio (OR) of switching to a different drug was significantly higher in the lidocaine group (OR 37.6, 95% CI 5.1–279, p<0.001) than in the amiodarone group, but not in the nifekalant group (OR 4.1, 95% CI 0.72–23.2, p=0.11). There was no significant difference in mortality rate in the lidocaine group (OR 1.67, 95% CI 0.40–6.95, p=0.48) or the nifekalant group (OR 1.11, 95% CI 0.15–4.85, p=0.89) compared with the amiodarone group.

Conclusion

Amiodarone and nifekalant are similarly effective in preventing VT recurrence, but their impact on survival rate is minimal. These data indicate that both nifekalant and amiodarone can be used for treatment of refractory VT.
Russian national identity and the Ukrainian crisis
Authors: Goble Paul
Published: February 2016

No aspect of the Russian–Ukrainian war has proved more unexpected than the revelation that Ukrainian national identity both ethnic and civil is far stronger than almost anyone thought, while Russian national identity is far more fragmented and weak than most expected. That was especially surprising to many because Vladimir Putin invaded Ukraine on the assumption that Ukrainians are not a “real” nation unlike Russians and that his actions were advancing the interest of what the Kremlin leader chooses to call “the Russian world”. One result of this discovery has been that the Kremlin has had to take Ukrainian identity more seriously. Another has been that it has gone to great lengths to promote Russian national identity via state-controlled media, but the latter effort has come up short because Moscows ability to promote Russian identity is limited by the same three factors that have restricted previous Russian rulers: the fundamental weakness of Russian identity, the tensions inherent between identities the state supports and those it fears, and the reactions of the increasingly numerous non-Russian nationalities to any ethnic Russian identifications.
Drag and diffusion coefficients of a spherical particle attached to a fluid–fluid interface
Authors: Dörr Aaron , Hardt Steffen , Masoud Hassan , Stone Howard A.
Published: February 2016

Explicit analytical expressions for the drag and diffusion coefficients of a spherical particle attached to the flat interface between two immiscible fluids are constructed for the case of a vanishing viscosity ratio between the fluid phases. The model is designed to account explicitly for the dependence on the contact angle between the two fluids and the solid surface. The Lorentz reciprocal theorem is applied in the context of geometric perturbations from the limiting cases of $90^{\circ }$and $180^{\circ }$contact angles. The model agrees well with the experimental and numerical data from the literature. Also, an advantage of the method utilized is that the drag and diffusion coefficients can be calculated up to one order higher in the perturbation parameter than the known velocity and pressure fields. Extensions to other particle shapes with known velocity and pressure fields are straightforward.
ON ARC-REGULAR FROBENIUS METACIRCULANTS
Authors: PAN JIANGMIN , HUANG ZHAOHONG , PENG SHIQIN
Published: February 2016

A graph is called arc-regular if its full automorphism group acts regularly on its arc set. In this paper, we completely determine all the arc-regular Frobenius metacirculants of prime valency.
Negotiating Aboriginal Self-Government Agreements in Canada: An Analysis of the Inuvialuit Experience
Authors: Alcantara Christopher , Davidson Adrienne
Published: February 2016

In 1973, the federal government of Canada invited Aboriginal groups to enter into comprehensive land claims negotiations to settle outstanding claims not addressed by historical treaties. After eight years of negotiations, the Inuvialuit became the second group in Canada to sign a modern treaty, doing so in 1984. Missing from that agreement, however, was a self-government chapter, which was not open to negotiation at that time. In 1996, the Inuvialuit initiated self-government negotiations with the Crown but have yet to conclude an agreement despite increased institutional capacity. What explains this puzzle? Drawing upon the existing literature on land claims negotiations, Aboriginal self-government and historical institutionalism, we analyze a variety of primary and secondary sources to argue that a number of institutional and non-institutional factors have prevented the Inuvialuit from successfully completing self-government negotiations with the Crown.
Spending on Political Staffers and the Revealed Preferences of Cabinet: Examining a New Data Source on Federal Political Staff in Canada
Authors: Robson Jennifer
Published: February 2016

There is no unifying theory to guide the study of partisan political staff. The literature suggests staffers may be variously mechanisms for resolving principal-agent problems, extensions of centralized political control or spoils given as rewards inside the core executive. Annual Public Accounts data, available only since 2007, offer a promising new addition to the debate over federal exempt staffs. This paper presents descriptive and linear regression results on staffing expenditures for five years of federal data in Canada. Using the construct of “revealed preference,” predictors of variance in ministerial spending on staffing may provide new, objective information on their function in Canadian government. Results of this study demonstrate that quantitative methods can be applied to the study of political staff and may be a helpful addition as the field continues to develop, test and refine theory.
Judicial and Legislative Jurisdiction in the Hague Conventions on Private International Law
Authors: Fassberg Celia Wasserstein
Published: February 2016

The aim of the Hague Conference on Private International Law is to work towards international unification of the rules in this area. Its hundred years of activity, and particularly the past forty years, have been devoted to producing conventions unifying the rules of law in the three central issues of private international law: jurisdiction, choice-of-law, and the enforcement and recognition of foreign judgments. These three distinct issues correspond to three distinct stages of litigation. The rules of jurisdiction answer the question, which state's courts have jurisdiction to decide a case or, from the perspective of any given state: does its courts have jurisdiction over the case? Choice-of-law rules, in contrast, answer the question, which law should govern the case, irrespective of where it is being adjudicated? Finally, the rules relating to foreign judgments define the terms on which a decision given in one state will be recognised and enforced in another.
Personal Law and Human Rights in India and Israel
Authors: Galanter Marc , Krishnan Jayanth
Published: February 2016

Although India and Israel differ dramatically in size, population, and affluence, there are many important similarities. Each is the contemporary vehicle of an old and resilient civilization that expresses a distinctive, influential and enduring arrangement of the various facets of human experience. Each of these cultures underwent a prolonged colonial experience in which its traditions were disrupted and subordinated to a hegemonic European Christian culture; each had an earlier experience with victorious, expansive Islam; each has reached an uneasy but flourishing accommodation with the secular, scientific modernity of the West.

In each case this was achieved by a movement that embraced “Enlightenment” values and in turn provoked a recoil from modernity/rediscovery of tradition. In each there is a conflict between those with “modern” secular views of civil society and those revivalists or fundamentalists who seek to restore an indigenous religiously based society. The secular nationalism that predominated in the struggle for independence and the formation of the state is now countered by powerful tides of fundamentalism.
Did East German Border Guards Along the Berlin Wall Act Illegally?
Authors: Ott Walter
Published: February 2016

The German Democratic Republic's practice of firing upon istowncitizens is well-known. The question arises whether acts which were exempt from punishment in theGDRcan be punished today inreunifiedGermany? The West German Constitution expresses the notion that retroactive effect of penal laws is prohibited. However, the German Courts, above the Federal Constitutional Court (decision of 24/10/1996) have affirmed the criminal liability of East German border guards based on G. Radbruch's “natural law doctrine.”

As a conclusion, it becomes clear that the illegality of acts of Berlin Wall guards can only be derived by following either the Federal Constitutional Court's natural law strategy or the strategy of a strict Statutory Positivism (Gesetzespositivismus); since it can be shown that official instructions and orders to shoot were not permissiblebeneaththe level of constitutional provisions, normal statutes or regulations justifiy restrictions on the human dignity and integrity (in particular the right to life and liberty) of GDR citizens.
A Research Evaluation of the Israeli New Pretrial Detention Act
Authors: Lernau Hagit
Published: February 2016

One of the most influential attempts to describe and comprehend the criminal law system is Packer's celebrated notion regarding the “Two Models of the Criminal Justice System.” Packer regards the criminal justice process as an image constantly shifting between two conflicting models — the “Crime Control Model” and the “Due Process Model” of criminal law. The first model strives to create an effective criminal system that will protect society's right to peace and safety. This aim may be achieved by emphasizing the earlier, informal stages in the law enforcement procedure, namely, police investigation and the decision to prosecute. The second model aims to ensure that the law enforcement process, which is one of the most coercive powers of the state, will be conducted in a lawful manner that will protect suspects and defendants from both intentional wrongdoing and from unintentional mistakes.
The Status of Arabic in Israel: Refiections on the Power of Law to Produce Social Change
Authors: Saban Ilan , Amara Muhammad
Published: February 2016

The status of Arabic in Israel gives rise to question. Israel is a rare case of an ethnic nation-state that grants the language of minority group with a legal status which isprima facieone of equality. Both Hebrew and Arabic are the official languages of the State of Israel. What are the reasons for this special state of affairs? The answer is threefold: historic, sociological and legal. In various ways the potential inherent in the legal status of Arabic has been depleted of content, and as a result of that, as well as other reasons, the socio-political status of Arabic closely resembles what you would expect the status of a language of a minority group in a state that identifies itself as the state of the majority group to be. This answer, however, is another source of puzzlement – how does such a dissonance between law and practice evolve, what perpetuates it for so long, is change possible, is it to be expected?

We present an analysis of the legal status of Arabic in Israel and at the same time we proceed to try and answer the questions regarding the gap between the legal and the sociopolitical status of Arabic. We reach some of our answers through a comparison with the use of law to change the status of the French language in Canada. One of these answers is that given the present constellation in Israel, the sociopolitical status of Arabic cannot meaningfully be altered by legal means.
The Advisory Opinion and the Jewish Settlements
Authors: Lapidoth Ruth
Published: February 2016

This paper argues that the ICJ did not need to discuss the legality of the settlements in order to examine the legality of the fence. Following this argument, until the settlement issue is resolved, Israel has an obligation to protect the settlers. Thus, even those parts of the fence that are intended to protect settlements, legality does not depend on the legality of the settlements. Moreover, this article argues that the Court's analysis of the settlements' legality is unsatisfactory: its interpretation of Article 49, paragraph 6, of the Fourth 1949 Geneva Convention, deviates to a certain extent, from the meaning of the same terms used in other paragraphs of Article 49, and as such a more in depth analysis by the Court was required.
Israeli Administrative Law at the Crossroads: Between the English Model and the American Model
Authors: Barak-Erez Daphne
Published: February 2016

Administrative law in Israel is at the crossroads. Historically, Israeli administrative law was born from English administrative law and like its English counterpart was developed against the background of two significant factors: the relative dearth of constitutional law concerning the protection of human rights on the one hand, and the power of the central government on the other. These two factors had traditionally contributed to the centrality of administrative law that underwent a radical change. First, constitutional law is now an independent source for the recognition and enforcement of human rights following the enactment of new basic laws on human rights—Basic Law: Freedom of Occupation and Basic Law: Human Dignity and Liberty. Second, privatization has changed completely the scope and pattern of activities conducted by administrative agencies in both countries.

This Article discusses the developments in Israeli administrative law as a result of these changes. In this context, it also evaluates the potential recourse to American administrative law, which has grown in the context of a well developed constitutional law and a relatively low level of government activity in the economic sphere.

The Article argues that the main focus of administrative law—in contrast to constitutional law—should be on the protection of interests (that are not considered human rights), on distributive justice, on procedural justice (in the context of bureaucratic decision-making) and on a broader scope of review (not limited to the protection of human rights), with a special emphasis on the executive branch. In the context of adapting to privatization, it also argues that administrative law should strengthen its focus on the challenge of regulation, on the protection of social rights and on the duties of “mixed” bodies, which are, in many cases, the product of privatization.
Reflections on the Intriguing Issue of the Right to Die in Dignity
Authors: Cohen-Almagor Raphael
Published: February 2016

This study compares how four countries, the United States, Canada, Britain and Israel, conceive active and passive euthanasia and the right to die in dignity. I start the discussion by clarifying the scope of the analysis and by shedding light on the concepts of autonomy and dignity. Section II proceeds by drawing attention to the familiar distinction between active and passive euthanasia, reviewing the current legal positions in the United States, Canada and England. Section III addresses Ronald Dworkin's distinction between experiential and critical interests, and further contemplates the analogy he draws between the destruction of life and the destruction of masterpieces of art. The section continues by contrasting Dworkin's assertion that what we seek is life in earnest, not any form of life, with Leibowitz's view that human life is sacred. In this context I also refer to the recent Scheffer decision, the only ruling at this time by the Israeli Supreme Court on the issue of death with dignity. Section IV considers the Eyal case, involving an amyotrophic lateral sclerosis patient who expressed his wish not to be connected to a respirator. I assert that in such instances, the patients' autonomy would be sustained and their dignity better served by helping them die. It is not always true that keeping a person alive is to treat her best. In some situations we respect a person and her dignity when we help her cease living. My justification for helping such patients fulfill their request rests on the assumption that they freely and genuinely expressed their will to die, and that they persist in expressing that desire.
Major Stages of Criminal Law Reform in Germany
Authors: Eser Albin
Published: February 2016

According to our programme, this session is to serve as a “general introduction” to our colloquium. Experience shows that assignments of this sort face two grave dangers: they are either confined to the trivial or they bite off more than they can chew. In order to avoid these pitfalls, I have chosen to present an historical review of the major stages of criminal law reform in Germany. Because Israel is also in the process of reforming its criminal law, it might be interesting for the Israeli participants to hear about the reform process in our country. In the course of my presentation I shall, of course, pay particular attention to those aspects of the law which will be dealt with during this conference.
Criminal Intent: A Comment on “Foreseeability”, “Probability,” “Purpose” and “Knowledge”
Authors: Levy Yuval
Published: February 2016

The use of the word “intention” has given rise to considerable uncertainty regarding criminal offenses in the Israeli justice system. The term remained undefined in the Israel Criminal Code [New Version] — 1977, despite the fact that it was used in its offense-creating provisions, and was applied by judges on a daily basis. This paper will provide a survey of Israeli jurisprudence on the meaning of the word “intention”, a comparison of relevant provisions in British law, and observations on the reform bill for Israel's Criminal Code (the General Part) of 1992.

Justice Agranat authoritatively defined “intention” in the 1952 case of Jacobovitz v. Attorney General as “foresight of a result accompanied by a desire to bring it about”. This definition has been applied throughout Israeli case law and was reaffirmed of late by Chief Justice Shamgar in Vannunu v. State of Israel.
Disciplinary Measures against Minors as Justification in Criminal Law
Authors: Shapira Ron
Published: February 2016

In this era of increasingly extensive legal regulation of human behavior, there is one type of human conduct which seems almost unpermeable to legal regulation: the education of children. The problematics of exercising educational or disciplinary powers against children concern a variety of situations, including the prima facie infringements of many personal rights of children. The most typical limitation of the rights of children by disciplinary measures is, of course, corporal punishment, that is, by actual chastisement conducted by a parent, a guardian, a schoolteacher or any other adult responsible for the training or education of children. However, children are also liable to the infringement of other rights. To a great extent, a child does not fully enjoy many personal physical rights considered to be indisputable for an older person. Thus, for example, a child's detention against his will may not constitute false imprisonment, and the seizure of a child's most intimate personal property may not be considered trespass. It is only for the sake of simplicity, therefore, that I prefer to focus our short discussion on the most conspicuous instance of this general phenomenon, namely, the deliberate physical assault of children.
Duress, Self-Defense and Necessity in Israeli Law
Authors: Enker Arnold
Published: February 2016

The defenses of Duress, Self-Defense (or private defense) and Necessity are today set forth in sections 21, 22 and 22A, respectively, of the Israel Penal Law, 1977. However, in order to understand these defenses fully, it is necessary to go back to the provisions of the Criminal Code Ordinance, 1936, wherein the ruling British Mandatory authorities replaced the Ottoman Penal Law which had prevailed in Palestine before the Mandate. For, its name to the contrary notwithstanding, the 1977 Penal Law was not primarily an original Israeli enactment. Rather, it was in considerable measure merely a Hebrew translation of the original Criminal Code Ordinance. This is especially the case in connection with the Ordinance's General Part, which includes the defenses that concern us here. It was only in 1992 that the Knesset enacted original Israeli legislation concerning these defenses.
Mistake of Law
Authors: Bein Dan
Published: February 2016

Generally speaking, the definition of the mental element in crime does not even strive to encompass all the varieties of the psychological processes which accompany the commission of an offence, but sorts out only such components of it which legal policy dictates to be useful and workable. For instance, generally speaking, no notice is taken of the motive or of the intensity of passion, or whether the mental element was spontaneous or premeditated. In sorting out what parts of the psychological process should form part of the definition of the mental element, many considerations come into play, such as the ability to verbalize and define such processes, difficulties of proof, etc. One of the components of the psychological processes which is disregarded in the definition of the mental element is knowledge of the existence and scope of the criminal norm, and the existence and scope of “defences” (as they were called in the old Penal Law, 1977) or “limitations to penal liability” as they are now called in the new Preliminary Part and General Part of Penal Law (hereinafter the New Code).
Addressing the Adversarial Deficit in Non-Jury Criminal Trials
Authors: Jackson John D. , Doran Sean
Published: February 2016

It is a curious quirk of legal scholarship that so much attention has been devoted to the rules and procedures that operate injury trials and so little to the way in which these rules and procedures operate in the vast majority of trials which are conducted without a jury. This “jury-centredness” as it has been called was noted almost thirty years ago by the American scholar Kenneth Culp Davis when he urged scholars and the legal profession to escape from the deep-seated habit of allowing all thinking about evidence law to be dominated by the needs of the 3% of trials that involve juries and to think instead about the needs of the remaining 97% of trials that are tried without a jury. It is certainly true that the withdrawal of the jury from many categories of cases throughout this century in many jurisdictions has not been accompanied by any instant changes in the law of evidence. Certain commentators have noted that in spite of Thayer's claim that the rules are the “child of the jury”, the rules of evidence have proved remarkably resilient in outlasting the demise of the jury. The parent may have ceased to exist in many legal proceedings but the child has lived on.
Legal Background and Analysis of the 1997 Convention Banning Anti-Personnel Mines
Authors: Goller Karin Calvo
Published: February 2016

Countries all over the world, from Angola to Afghanistan, from Cambodia to Nicaragua, are littered with uncleared mines. In 1994, it was estimated that more than 100 million anti-personnel mines (hereinafter: AP mines) were scattered wantonly in over sixty countries. In 1997, over 110 million mines were deployed and another 100 million stockpiled around the world. Mines can be scattered over large areas by airplanes or delivered by rockets and do not need to be laid manually.

AP mines were originally designed to slow down the advancement of enemy troops and to defend territory. For thirty years, AP mines have injured large numbers of civilians, although this remained practically unreported up until the 1980s, when these mines were used increasingly as a deliberate military strategy to spread terror among civilians.
Shneur-Zalman Feller at Eighty: A Tribute
Authors: Kremnitzer Mordechai
Published: February 2016

Today is a day of celebration for Israeli law. It is a celebration in honour of a man, Professor Feller, on his eightieth birthday, and a celebration in honour of a book,Elements of Criminal Law, upon the publication of its third volume.

A story is told about Chief Justice Cullen of the New York Court of Appeals. It seems that when faced with a particularly hard case, after all the judges would express their views and no appropriate legal result would emerge, Judge Cullen would pound on the table and say: “Back to the books!” I shall therefore begin with the book.

Nearly fifteen years have passed from the time Professor Feller began the project to its completion. But, in truth, the project began some three decades earlier, when he began to research and teach criminal law. The bookElements of Criminal Lawtransforms Israeli criminal law from a practical field — the domain of judges and lawyers — to a scientific discipline.
Judicial Cognizance of Guilt-Consciousness
Authors: Cohn Haim H.
Published: February 2016

The term “guilt” connotes many different phenomena: theology, philosophy, ethics, psychology and law all contributed to the variety of connotations. It is not my purpose, nor do I pretend to engage in etymological or anthropological research into the evolution of the various aspects and concepts of guilt: I shall try to describe and distinguish only those phenomena of guilt of which judges may have to take cognizance for the proper exercise of punitive discretion.

First and foremost, there is “guilt” within the meaning of criminal law. On the one hand, guilt is spoken of as denoting the mental element in crime: the guilt of one who committed a criminal act — actus reus — presupposes the criminal mind — mens rea; or, an actus reus is transformed into guilt by the supervenience of mens rea. Whether the mens rea is intent or wilfulness, or only negligence or recklessness, does not affect the incidence of guilt, but may well raise the question of degree of guilt. On the other hand, “guilt” is the result of a verdict to the effect that the accused is criminally responsible (“finding of guilty”), and it is in this sense that the accused may “plead guilty”.
Recodifying the Finnish Criminal Code of 1889: Towards a More Efficient, Just and Humane Criminal Law
Authors: Lahti Raimo
Published: February 2016

Finland, along with the other Nordic or Scandinavian countries, belongs to the so-called civil law tradition. Countries following this tradition include Denmark, Finland, Iceland, Norway and Sweden. All of these nations are advanced, industrialized welfare states. The Nordic countries have pursued economic, social and cultural development along similar lines, and have cooperated intensively in legal and political matters.

Various means of Nordic cooperation have been developed since the Second World War, and these interstate activities have become even more diversified since the 1960s. The objectives and organs of cooperation between the States were laid down in a special treaty signed in 1962. The treaty covers cooperation in the legal, cultural, social and economic spheres as well as in traffic and environmental matters. Efficient cooperation in criminal law is based on a variety of sources, consisting primarily of the treaties between the Nordic countries, multilateral European conventions, common basic approaches in crime control and human rights policies, uniform legislation in relevant areas, and established practice between state authorities.