bluuebunny/crossref_metadata_2025 huggingface dataset:
Changes in the Use of Postacute Care during the Initial Medicare Payment Reforms
Authors: Lin Wen‐Chieh , Kane Robert L. , Mehr David R. , Madsen Richard W. , Petroski Gregory F.
Published: April 2006

Objective. To examine changes in postacute care (PAC) use during the initial Medicare payment reforms enacted by the Balanced Budget Act of 1997.

Data Sources. We used claims data from the 5 percent Medicare beneficiary sample in 1996, 1998, and 2000. Linked data from the Denominator file, Provider of Service file, and Area Resource File provided additional patient, hospital, and market‐area characteristics.

Study Design. Six disease groups with high PAC use were selected for analysis. We used multinomial logit regression to examine how PAC use differed by year of service, controlling for patient, hospital, and market‐area characteristics.

Principal Findings. There were major changes in PAC use, and a portion of services shifted to settings where reimbursement remained cost‐based. During the first reform, the home health agency interim payment system, home health use decreased consistently across disease groups. This decrease was accompanied by increased use in skilled nursing facilities (SNFs). Following the implementation of the prospective payment system for SNFs, the use of inpatient rehabilitation facilities increased.

Conclusions. The shift in usage among settings occurred in two stages that corresponded to the timing of payment reforms for home health agencies and SNFs. Evidence strongly suggests the substitutability between PAC settings. Financial incentives, in addition to clinical needs and individual preferences, play a major role in PAC use.
The Role of the Persistent Na+ Current During Cardiac Ischemia and Hypoxia
Authors: SAINT DAVID A
Published: April 2006

Introduction: Inadequate or zero cardiac perfusion, if prolonged beyond about 10 minutes, can result in irreversible cell damage. Paradoxically, much of this damage occurs when perfusion is restored, and this appears to be linked to an uncontrolled rise in intracellular calcium. This article reviews the causes of this rise in calcium.

Methods and results: Data that have arisen from a variety of techniques to measure intracellular ion concentrations in cardiac cells are reviewed. Fluorescence measurements in intact hearts and isolated cells show that the rise in [Ca2+]i is preceded by a rise in [Na+]i, a finding that has led to the coupled exchanger theory, which postulates that the high activity of the Na–H exchanger, as a result of intracellular acidification, increases [Na+]i and that this slows or reverses the Na–Ca exchanger. However, the [Na+]i appears to come from several sources: the Na–H exchanger, the Na–HCO3 symporter, and the persistent Na+ current, INa(p). The latter appears to be important because blockers of Na–H exchange (e.g., Cariporide) have been shown to be only partially protective against reperfusion damage, whereas TTX and other Na+ channel blockers offer equal or better protection. Patch clamp experiments in isolated cells have shown that INa(p) is increased by hypoxia, although the mechanisms are not known.

Conclusion: Blockers of INa(p) may provide an alternative strategy for preventing reperfusion damage in myocardium, either alone or in combination with Na–H exchange blockers.
Energetics of the Na+ Pump in the Heart
Authors: INGWALL JOANNE S. , BALSCHI JAMES A.
Published: April 2006

Movement of ions across the cell membrane is driven by the free energy released from ATP hydrolysis. Here we will briefly review the chemistry of Na+, K+‐ATPase reaction; we will also review some recent results defining the relationship between the energetic driving force and Na+ efflux by the Na+ pump in the normal myocardium and then discuss this relationship for pathophysiologic states in the heart.
Modern tennis rackets, balls, and surfaces
Authors: Miller S
Published: April 2006

Modern rackets have facilitated a change in playing style from one of technique to one characterised by power and spin. The combination of the increased stiffness of modern rackets and the tendency for tennis balls to have become harder has led to an increased shock transmission from the racket to the player, which is probably a major contributor to tennis elbow. The paucity of tennis specific research on shoes and surfaces makes it difficult to link their characteristics with lower limb injury, although, as their interaction directly affects the magnitude of the forces to which the player is exposed, such a link seems reasonable.
Health benefits for veteran (senior) tennis players
Authors: Marks B L
Published: April 2006

To explore the health benefits of tennis participation in veteran players and to identify future research needs, an electronic literature search using the Ovid (Cinhal, Medline, Sport Discus) library databases from 1966–2005 was undertaken. Specific search words were employed related to tennis, aging, exercise, health, and the psychophysiological systems. Public access internet search engines were also used (Google, PubMed), along with non-electronic searches of library holdings. There is ample research documenting the health benefits of regular participation in moderately intense aerobic activity. There have been research studies targeting veteran tennis players but most were cross sectional. No tennis related study successfully eliminated all confounding cross training effects. The health of veteran tennis players is improved by enhanced aerobic capacity, greater bone densities in specific regions, lower body fat, greater strength, and maintained reaction time performance in comparison with age matched but less active controls. However, it is not certain whether tennis alone can be a sole contributor to these physiological variables. Well controlled longitudinal research among elite veteran and novice older adult players is needed.
Cloning, Expression and Regulation of Chicken Ovalbumin Upstream Promoter Transcription Factors (COUP-TFII and EAR-2) in the Rat Anterior Pituitary Gland
Authors: Raccurt Mireille , Smallwood Sébastien , Mertani Hichem C. , Devost Dominic , Abbaci Khédidja , Boutin Jean-Marie , Morel Gérard
Published: April 2006

Chicken ovalbumin upstream promoter transcription factors (COUP-TF)-II (NR2F2) and EAR-2 (NR2F6) are structurally related orphan members of the nuclear receptors superfamily. There are growing evidences that these factors play important roles during processes of differentiation and proliferation of several tissues. To better understand their role in the differentiated adult rat pituitary gland, we cloned COUP-TFII and EAR-2 cDNAs from an anterior pituitary cDNA library. Subsequently, we raised and characterized specific antibodies to the N-terminal domain of both nuclear receptors. We next examined their cellular and subcellular distribution in the pituitary gland and determined their regulation during pregnancy. COUP-TFII and EAR-2 pituitary genes display, respectively, 90 and 100% homologies with their human and mouse homologues. Cellular expression of both nuclear receptors was mainly detected in the lactotropes of male and female rats, with a prominent distribution in the nuclear compartment for EAR-2, and interestingly both proteins were significantly upregulated in pituitaries of pregnant vs. cycling female rats. Thus, our results have characterized cloning of rat pituitary COUP-TFII and EAR-2 genes, demonstrated that they are both specifically expressed in lactotropes, and strongly suggested that they may play an important role in modulating prolactin (PRL) gene expression during pregnancy.
A homozygous Fas ligand gene mutation in a patient causes a new type of autoimmune lymphoproliferative syndrome
Authors: Del-Rey Manuel , Ruiz-Contreras Jesus , Bosque Alberto , Calleja Sara , Gomez-Rial Jose , Roldan Ernesto , Morales Pablo , Serrano Antonio , Anel Alberto , Paz-Artal Estela , Allende Luis M.
Published: April 2006

Autoimmune lymphoproliferative syndrome (ALPS) is characterized by lymphoproliferation and autoimmune clinical manifestations and is generally caused by defective Fas-mediated apoptosis. This report describes the first homozygous FASL gene mutation in a woman with clinical and immunologic features of ALPS. T-cell blasts from the patient did not induce FasL-mediated apoptosis on Fas-transfected murine L1210 or on Jurkat cells, and activation-induced cell death was impaired. Furthermore, Fas-dependent cytotoxicity was drastically reduced in COS cells transfected with the mutant FasL. In addition, FasL expression on T-cell blasts from the patient was similar to that observed in a healthy control, despite its bearing the high-producer genotype –844C/C in the FASL promoter. Sequencing of the patient's FASL gene revealed a new mutation in exon 4 (A247E). The location of A247E in the FasL extracellular domain and the conservation of the protein sequence of that region recorded in 8 species different from humans support the essential role of FasL COOH terminal domain in Fas/FasL binding. These findings provide evidence that inherited nonlethal FASL abnormalities cause an uncommon apoptosis defect producing lymphoproliferative disease, and they highlight the need for a review of the current ALPS classification to include a new ALPS type Ic subgroup.
(Re)visiting Délie: Maurice Scève and Marian Poetry*
Authors: Defaux Gérard
Published: April 2006

Si iracunda, aut avaritia, aut carnis illecebra naviculam concusserit mentis, respice ad Mariam.

— Bernard, In laudibus Virginis Matris

Factat animam Vulcanus, vestes aptat Pallas, fucat Venus, & cesto cingit, ornant cteterte Den, docet pessimos mores Mercurius. Et quia omni genere rerum a Diis donata esset, Pandoram appellat.

— Jean Olivier, Pandora

Celle qui est la Vertu, et la Grace …

Monstre, qu'en soy elle a plus, que de femme.

— Délie, D354 and 284

This study proposes a new reading of Delie and tries to shed a new light on the poet himself. Sceve appears here not only as the humanist we all know, but as a Christian poet, a poet as much interested in biblical and other religious sources as in Classical and Italian ones. In his canzoniere, Scève follows very closely, and even sometimes imitates, a corpus of fixed-form poems — rondeaux parfaits, ballades, and chants royaux — written by poets of the two previous generations for poetic contests known as Puys. And he constantly expresses his love and describes his idol in terms, images, and symbols directly borrowed from Marian poetry. To the Christian cult of the Virgin Mary corresponds for the Lover the pagan cult of Délie.
The Right of the Accused to Self-Representation Before International Criminal Tribunals: Further Developments
Authors: Jørgensen Nina H. B.
Published: April 2006

In its decision on assigned counsel's motion for withdrawal in the Milosevic case, the trial chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) observed “that assignment of counsel against the wishes of the accused is a developing area of the law both in national and international jurisdictions.” This area of law witnessed rapid development by international criminal tribunals in the latter half of 2004.
International Responsibility to Corporate
Bodies for Lives Lost by Outlawry
Authors: Foster John W.
Published: April 2006

A novel case has recently arisen involving
the liability of a foreign government to indemnify
an American corporation (a missionary board) for
the death of its employees by mob violence. The
case grew out of the assault in 1905 of a mob of
native Chinese upon the American Protestant
Mission Station at Lienchou, province of Quantung,
China, resulting in the death of four missionaries
and one child.
The Canal Fortifications and the Treaty
Authors: Kennedy Crammond
Published: April 2006

Connected as it is with the progress of the present phenomenal movement for international peace, the question whether the Panama Canal should be permanently fortified as part of its construction and before it is opened to the commerce of the world, is of the highest importance; and for this reason the views and conclusions of the commissioners who considered the subject under authority of Congress in 1899–1901, when negotiations were in progress between the United States and Great Britain for a new agreement to take the place of the Clayton-Bulwer Treaty, are of the gravest public interest and are worthy of the most considerate attention. It was not until November, 1903, that the Isthmian Canal Zone came under “ the perpetual control ” of the United States by the treaty of the 18th of that month with the new-born Republic of Panama; but, for some years prior, the United States had been considering the acquisition of a strip of territory in the Isthmus, and the construction of a waterway between the two oceans, on its own responsibility, at its own cost, and under its own control. It was from this new point of view that the Canal Commission of 1899–1901, of which the late Admiral Walker was president, made its investigations and report; and it was to open the way to the accomplishment of this enterprise without a violation of the Clayton-Bulwer Treaty and with the consent of Great Britain, whose interests in the physical union of the Atlantic and Pacific were second only to those of the United States, that the negotiations then pending between the two governments had been commenced and were subsequently carried on until they resulted in the Hay-Pauncefote Treaty, which was signed on November 18, 1901, proclaimed February 22, 1902, and is now in force. It antedated by some months the passage of “ the Spooner bill,” which provided for the purchase of the rights and property of the New Panama Canal Company (De Lesseps’ successor in France) and for the acquisition of the necessary territorial rights from Colombia, or, failing that, from Nicaragua and Costa Rica.
How the Great Lakes Became "High Seas," and their Status Viewed from the Standpoint of International Law
Authors: Hunt Harry E.
Published: April 2006

The convention which met in 1787 to frame the Constitution of the United States, embraced two earnest and determined bodies of men. One favored a strong central government; the other opposed any great increase of power over that granted by the Articles of Confederation. With what jealousy the states guarded their rights and with what reluctance they made surrenders to the federal government is common knowledge. The Constitution, as adopted, was a compromise between the factions, and that part relative to admiralty and maritime jurisdiction was the second great compromise between conflicting depositories of power.
The Real Status of the Panama Canal as Regards Neutralization
Authors: Knapp H. S.
Published: April 2006

Preceding any intelligent discussion of the status of the Panama Canal regarding freedom of passage and inviolability in war, which have so generally and so loosely been spoken of as "neutralization" even in official documents of the latest date, it will be necessary first to examine the treaty obligations of the United States under which the Canal is now under construction, and which define the powers of control over it when it shall be finished.
The International Court of Prize
Authors: Scott James Brown
Published: April 2006

On February 15, 1911, the Senate of the United States advised and consented to the ratification of the International Prize Court Convention adopted by the Second Hague Peace Conference and signed by the American delegates October 18, 1907. Although transmitted to the Senate with the various Hague conventions on February 27, 1908, and favorably recommended by the President and Secretary of State, action upon the convention was deferred by the Committee on Foreign Relations because the convention in its original form involved an appeal from the Supreme Court of the United States to the international court at The Hague. This feature of the otherwise acceptable convention raised doubts as to its constitutionality, because Article 3, section 1, of the Constitution provides that “ the judicial power of the United States shall be vested in one Supreme Court.” An appeal from the Supreme Court to the court at The Hague seemed to some inconsistent with this provision, for a court can not be considered supreme if an appeal lies from its decisions. To this it may be answered that the court to be established at The Hague is not a court of the United States, and, therefore, is not contemplated by the Constitution; for the Hague court is a diplomatic tribunal for the settlement of questions which would otherwise be adjusted by diplomacy, or referred to a mixed commission specially constituted for their determination, or which if not determined by either of these methods, might result in war.
Francis Lieber — His Life and His Work: Part II
Authors: Nys Ernest
Published: April 2006

During the fourteen years that he occupied the chair of history and political economy at Columbia College, in the city of New York, Francis Lieber displayed praiseworthy activity. This period of his life covered some restless years; the theatre of operations was of a size whose equal can be shown by few historical dramas. Terrorstricken, the civilized world witnessed a tremendous struggle, whence, fortunately, the cause of civilization was to issue triumphant. The learned professor did not content himself with zealously performing his university obligations; neither was he satisfied with fulfilling his civic duties; he threw himself resolutely into the conflict; he fought with his tongue and his pen; he made himself the organizer and representative of a ceaseless propaganda for the Union cause against the secessionists; by his advice and by his legal works he gave the Federal Government the most valuable assistance. For a long time he had been occupied with public law; he now enlarged the field of his researches and his studies, and he studied ardently the laws of war and important problems of international law. The serious events taking place before his eyes led him, too, to write his opinions and to draft The instructions for the government of armies of the United States in the field, which will ever be an honor to him.
The International Congresses and Conferences of the Last Century as Forces Working Toward the Solidarity of the World
Authors: Baldwin Simeon E.
Published: April 2006

The pre-Tridentine œcumenical councils of the Roman Catholic church were, as Dr. Francis Wharton has well remarked, international congresses, working toward the establishment of a uniform law for the civilized world. It was a law confined to one set of subjects; but among them were those having to do with the family relation, and which were therefore of the first importance to human society. Each nation of Christendom was represented in these gatherings by its sovereign or political delegates, as well as by its bishops, and it was for each nation, acting through its political departments, to ratify or reject such rules or laws in these respects as the council might propose.

The representation of political sovereignty in the Council of Trent was slight, and in the only œcumenical council since called by Eome — that of the Vatican — it was wholly wanting; Bavaria being the only power (though all European cabinets were consulted) which intimated a willingness to send an official delegate.
The Extent and Limitations of the Treaty-Making Power Under the Constitution
Authors: Anderson Chandler P.
Published: April 2006

The power to make treaties with other nations is an inherent attribute of the sovereign power of an independent nation.

Where the treaty-making power is exercised by the sovereign power of a nation, the right to treat with other nations rests wholly in sovereignty and extends to every question pertaining to international relations.

Where, however, the treaty-making power is not exercised by the sovereign power of the nation as a whole, but has been delegated to a branch of the government by which it is exercised in a representative capacity, the treaty-making power there, although it arises from sovereignty, rests in grant, and can be exercised only to the extent of and in accordance with the terms fixed by the grant.

So in the United States, where the people, as the sovereign power, have delegated through the medium of their State conventions or State legislatures the treaty-making power to a designated section of the Federal Government under the Constitution, such power rests in grant and is to be measured and exercised under the terms of such grant.
Training in Universities for Consular and Diplomatic Service
Authors: Duniway C. A.
Published: April 2006

The subject of training for public service in the foreign field has recently been attracting renewed interest. Committees of the American Political Science Association and the American Economic Association have been collecting information and recommending measures in the whole field of training for public service, including the diplomatic and consular service. A comprehensive report upon the teaching of international law in American universities has been published by the Division of International Law of the Carnegie Endowment for International Peace. During the eighth annual meeting of the American Society of International Law a conference of teachers of international law was held, leading to the adoption of a series of sixteen resolutions on various phases of this important matter. A review of prevailing conditions and a statement of present tendencies, in view of these developments, is the purpose of this article.
The Law of Nations
Authors: Snow Alpheus Henry
Published: April 2006

After the Reformation, when Europe divided itself into a number of separate states, each claiming to be an independent nation, the necessary contacts between them led to frequent wars. The question arose how to bring about a concert of action between them, which should result in peace and order. All that could be done by agreement was done. But it was clear that peace and order were constantly imperilled so long as the settlement of the questions constantly arising out of these necessary contacts was dependent upon treaties, because at any time on slight pretext these might be rescinded. It was perceived that the only assurance of peace and order among nations, as among individuals, lay in the establishment of a law governing the actions and relations of the nations. Publicists therefore set themselves to the task of formulating and establishing such a law.
The Final Outcome of the Fisheries Arbitration
Authors: Anderson Chandler P.
Published: April 2006

On the 15th of November, 1912, the United States and Great Britain formally ratified and put into effect an agreement which, in consequence of diplomatic negotiations covering nearly two years, had been signed by their plenipotentiaries on the 20th of July, 1912, adopting with certain modifications the rules and method of procedure embodied in the award of the North Atlantic Coast Fisheries Arbitration Tribunal, rendered at The Hague on September 7, 1910, under which all questions hereafter arising in regard to the exercise of American fishing liberties under the treaty of 1818 may be determined in accordance with the principles laid down in the award. This agreement constitutes the final step which was necessary to complete and perfect the arbitration award and give it practical application; and the award and this agreement together establish for all time the extent of the rights and obligations of the inhabitants of the United States in the exercise of thenfishing liberties under the treaty of 1818.
The “Continuous Voyage” Doctrine During the Civil War, and Now
Authors: Baldwin Simeon E.
Published: April 2006

Mr. Atherly-Jones, in his Commerce in War, says that what the courts of the United States did, during the Civil War, was not to apply the principle of a continuous voyage (which had been originally asserted in support of national monopolies of colonial trade), to the carriage of contraband goods, still less to blockades; but to depart from the old rules of evidence.
The Relations Between the United States and Porto Rico
Authors: Capó-Rodríguez Pedro
Published: April 2006

In discussing the relations between the United States and Porto Rico it would seem proper to state at the outset that prior to the Spanish-American War, which may be regarded as the starting point in these relations, they were, so to speak, non-existent, at least in a juridical sense. Before the war, Porto Rico was a Spanish province and as such had no political personality of its own outside of the Spanish dominion and, therefore, it could not as a political entity be regarded as standing in any other relation in respect to the United States than as an inseparable part of Spain, between which country and the United States there existed the relation of one sovereign country in respect to another sovereign country.
The Central American Question from a European Point of View
Authors: Germanicus
Published: April 2006

Oceans have ever been the chief theater of universal history. The terrestrial sphere known to antiquity lay around the Mediterranean which, as its name indicates, was destined to remain the center of events, until the famous sea-heroes, impelled by a desire to explore, undertook bold voyages to distant, unknown regions, and Christopher Columbus finally discovered the Western Hemisphere, bringing it in contact with the considerations, hopes, needs of expansion and, last but not least, also, fears of Europe.
International Law as Applied by England During the War
Authors: Bentwich Norman
Published: April 2006

One of the immediate consequences of the outbreak of war, according to the Anglo-American law, is that all the commercial relations between subjects of the belligerent countries come to an end. Fresh dealings cannot be entertained, and existing dealings cannot be continued, between persons divided by the line of war, save with the licence of the sovereign power. It is stated in several of the old English books that such trading is a misdemeanor, and even that it amounts to a felony, but there is no reported instance of a conviction by a criminal court. In numerous cases, however, contracts concerned with such trade were declared null, and goods seized when so engaged were confiscated as prize to the Crown. The broad principle was laid down clearly during the Napoleonic wars by Lord Stowell in the case of The Hoop, where a cargo had been captured on a neutral ship on the ground that it was being brought to England from the enemy country by British subjects. There had been some divergence of practice between the prize courts and the common law courts on the question of the absolute illegality of commercial intercourse with the enemy during war, and Stowell then stated the rule which was derived from the Dutch jurist Bynkershoek and which was conceived to be a rule of the law of nations:

In my opinion there exists such a general rule in the maritime jurisprudence of this country, by which all trading with the public enemy, unless with the permission of the sovereign, is interdicted. It is not a principle peculiar to the maritime law of this country; it is laid down by Bynkershoek as an universal principle of law.—“Ex natura belli commercia inter hostes cessare non est dubitandum. Quamvis nulla specialis sit commerciorum prohibitio, ipso tamen jure belli commercia esse vetita, ipsae indictiones bellorum satis declarant, etc.” He proceeds to observe, that the interests of trade, and the necessity of obtaining certain commodities have sometimes so far overpowered this rule, that different species of traffic have been permitted, “prout e re sua subditorumque suorum esse censent principes.” But it is in all cases the act and permission of the sovereign. Wherever that is permitted, it is a suspension of the state of war quoad hoc. * * * It appears from these passages to be the law of Holland; Valin states it to be the law of France * * * and it may, I think, without rashness be affirmed to have been a general principle of law in most of the countries of Europe. (1 C. Rob. p. 199.)
Canada: Colony to Kingdom
Authors: Ewart John S.
Published: April 2006

I suppose there is a stage in the development of the creature at which opinion may very well vary as to whether it is a tadpole or a full-fledged, or rather a four-footed, frog. Canada, constitutionally, is in a somewhat uncertain case; for, if you say that she is a colony, you will be confronted with some well-developed legs, and if you say that she is an independent state, you will be asked to explain away the remains of the tail. What sort of compromising language a biologist would apply to his dubiosity, I do not know; but, with reference to Canada, I am prepared to make a distinction, — to say that she is nominally a colony, and really an independent state. A veritable bit of the actual tail is still visible; there may not, indeed, be enough for performance of its former function of control, but quite enough to betray the origin of the animal; while the legs can very clearly kick, if not speak, for themselves. Nominally, I say, Canada is a colony; the forms, the nomenclature, the legal appearance still exist. But in reality Canada is independent and governs herself. A short summary of Canadian political history will establish that point.
International Law and Political Science
Authors: Snow Alpheus Henry
Published: April 2006

It is a truism that the science of law proper – the science dealing with the United States or the law of Great Britain, one finds the whole science based on the fact of the existence of a political society known as the United States or Great Britain, which formulates, applies and enforces the law which governs these nations in their internal relations. When one enters upon the study of what is called international law, one finds himself expected to accept as a fundamental proposition that there is no political society which formulates, applies and enforces the law which he is told governs all nations in their external relations, and that this law is formulated, applied and enforced among or between the nations. This difference in fundamentals leads to corresponding differences in the derivative notions. Practitioners of law proper take little or no interest in what is called international law. From their point of view, that which is called international law is only a collection of the rules of a highly interesting game, success in which depends largely upon “face ” and personality; nor can it be denied that there is much to justify this opinion. Students of law reflect the attitude of mind of the practitioner, and the great majority of students end their legal education when they finish the courses in national domestic law, giving no consideration to the law which governs the actions and relations of the nations.
Two Representatives of the Grotian School
Authors: Fenwick Charles G.
Published: April 2006

The growth of international law, both in precision and in scope, has been one of the marked features of the general development of law in the nineteenth century. It is true that even at the present day the reproach is often cast upon international law that its content is unsettled, its authority vague, and its method unscientific. But one has only to compare the standard text-books of the present day with the treatises that were quoted as authorities in the beginning of the nineteenth century to realize the great progress which has been made towards the establishment of international law upon a truly scientific basis. It cannot fairly be expected that international law should have as yet attained, or shall in the near future attain, the precision and definiteness of municipal law. The last decade of the century did indeed witness the first sitting of an international legislative body in the form of a conference at The Hague, which enacted what may be called international statutory law. But apart from the fact that this body was composed of the representatives of independent, not of federal, states, and therefore its rulings could not be final, the subject-matter with which it dealt was in many cases not such as would admit of definition and analysis after the methods of municipal law. The states composing the family of nations present differences of physical, mental and moral characteristics far more marked than those exhibited by the individuals within a given state, and it is but natural therefore that it should be correspondingly difficult to codify in a precise and scientific manner the rules governing their mutual relations. But while the difficulties attending the codification of international law cannot be denied, there is reason to believe that the growth of international law during the twentieth century will proceed towards its appointed goal as steadily as it has done during the nineteenth century.
Restrictive Clauses in International Arbitration Treaties
Authors: Cavalcanti Amaro
Published: April 2006

The above is the title of a very instructive article in this Journal for April, 1913, by Dr. Hans Wehberg, who points out and analyzes the special grounds for the different reservations contained in several arbitration treaties concluded up to the present time, with the suggestion that such reservations might henceforth be restricted merely to two, that is to say, the exceptions of “vital interests” and “national honor.”
Notes on the Extradition Treaties of the United States
Authors: Hyde Charles Cheney
Published: April 2006

The extradition conventions of the United States, from the Jay treaty concluded with Great Britain November 19th, 1794, down to the present time have, with a single exception, contained the requirement that the surrender of a fugitive should be conditioned upon the production and presentation to the country of asylum of such evidence of criminality as would, according to the law of the place where the accused might be found, justify his apprehension and commitment for trial. This implies, therefore, that the conduct of the accused must have been such as to violate the criminal laws of the country of asylum. Only upon such a theory could he be there held for commitment and trial.
The Extradition of the Assassins of the Spanish Premier Dato by the German Reich (Fort Extradition Case)
Authors: Mettgenberg Wolfgang
Published: April 2006

In the evening hours of the 8th of March, 1921, the president of the Spanish Council of Ministers, Don Eduardo Dato, was assassinated as he was bound from the Senate for his home.
The Share of the President of the United States in a Declaration of War
Authors: Baldwin Simeon E.
Published: April 2006

A Subject of warm debate in the convention which framed the Constitution of the United States was where the power of making or declaring war should be vested.

The committee of detail reported in favor of giving Congress power “to make war.” Pinkney opposed this on the floor, preferring to bestow it on the Senate. That this was also the view of Hamilton appears in the draft of a constitution which he gave to Madison, towards the close of the convention. In the debate on the report, Pinkney urged that it “would be singular for one authority to make war, and another, peace.” Butler, who followed him, thought the President was the proper depositary. It was then moved to make the clause read “to declare war,” instead of “to make war.” Gerry said that he had “never expected to hear in a republic a motion to empower the executive alone to declare war.” Mason thought that neither the executive nor the Senate could safely be intrusted with the power of war; and finally the word declare was substituted for make by the large majority of States.
The Administration of Justice in the Swiss Federal Court in Intercantonal Disputes
Authors: Schindler Dietrich
Published: April 2006

It is inherent hi the nature of a closer relation of states that an organ be created for the decision of disputes between the individual members of a confederation. The Swiss Confederation has at all times applied itself to this task.
Change of Sovereignty and Concessions
Authors: Sayre Francis B.
Published: April 2006

The principle of international law as announced by Chief Justice Marshall in the famous Percheman Case and supported by a long list of American decisions is that no confiscation of private property in land results from a mere change of sovereignty. Will this principle be sufficient and adequate to protect private property rights in concessions and contracts? In other words, since contracts no less than land may constitute valuable and irreplaceable private property, should any distinction be made, in the application of the Percheman principle, between land and contracts?

Where the parties to the contracts are private persons or corporations there seems to be no essential distinction between property in the form of land and property in the form of contracts. In either case the change of sovereignty must, of itself, effect no forfeiture; where, for instance, territory passes out of the sovereignty of State X and under the sovereignty of State Y, just as State Y must not allow the change of sovereignty to affect the ownership of land held by a private individual, A, within the ceded territory, so State Y must not allow it to affect the ownership of contract rights, held by A against some private obligor or debtor, B.
The Hellenic Crisis from the Point of View of Constitutional and International Law
Authors: Ion Theodore P.
Published: April 2006

We now come to the last part of what one might call the Greek tragedy, which was played in Hellas during the first three years of this world war with such marvelous success under Teutonic guidance. The events of June, 1916, laid bare the whole plot, unmasked the royal actors at Athens, and compelled France and England, the protecting Powers of Greece, at last to take drastic measures.

The surrender of the “key” to Eastern Macedonia (the Roupel fortress) by Constantine to the Germano-Bulgarian forces was rightly considered by the guardians of Greece as a hostile act directed against them, demanding the adoption of appropriate measures for the security of their armies on the Balkan front. Their first measure to this end was the substitution of Allied authorities for those of Greece in the city of Salonika. The second was the refusal by Great Britain to supply coal to Greek ships. The three Entente Powers had previously warned the Greek Government that if it allowed the armies of their enemies to advance freely into Greek territory, such action would lead to serious consequences. Therefore, the Royal Government of Greece, fearing lest the Allies institute repressive measures of a more drastic character, informed the Entente Governments that the further advance of the Bulgarian troops into Greek territory would be prevented.
Enemy Goods and House of Trade
Authors: Baty Thomas
Published: April 2006

The Trois Frères (Stewart, V, Adm. Cases, N.S. 1). The continued adherence of the British courts to the doctrine of a locus pœnitentiœ, even for persons domiciled in a country which becomes an enemy, is here seen. A Frenchman became naturalized in the United States and traded there. Ultimately, however, he left, with all his books and papers, on a French ship for France, intending to remain there permanently. “War supervening between France and Britain, the ship put about, with the intention of returning to America. But she was taken by the British, and the trader’s effects seized as prize. Liberty was given him to establish, by affidavit, the total abandonment of his intention of going to France.
Russia in the Far East
Authors: Korff Baron S. A.
Published: April 2006

Slow, but very steady, was the advance of Russia into Siberia. For centuries did the Russians move onward, gradually driving back, conquering or assimilating the Mongolian aborigines. For a very long time Siberia seemed only a vast wilderness and a happy hunting ground for the fur trader and trapper. Later, and mainly on account of its great distance from European Russia, the Siberian country was used by the Tsars for purposes of penal colonization. Thus, there grew up that sad reputation, which clung to Siberia for many generations, of a bleak land of exile, where human suffering attained its very limit. The famous book of George Kennan, Siberia and the Exile System, helped much to popularize these ideas, bringing home to the outside world the worst sides of the former autocratic régime of Russia.
The Neutrality of Switzerland II Geneva, The Pays de Gex, and Haute-Savoie
Authors: Sherman Gordon E.
Published: April 2006

The conception of a permanent neutrality for Switzerland sharply differentiates itself from the various phases of neutralization created chiefly after the Congress of Vienna in Europe and elsewhere in the important respect that in the case of Switzerland the Powers did no more than attempt to crystallize in diplomatic and lasting form a political condition which had, as we have heretofore seen, characterized the country during nearly three centuries. The Powers, consequently, merely recognized an existing status and one deemed essential as well to the peace of Europe as to the welfare of Switzerland itself. But at Vienna it was clearly seen that recognition would prove valueless were it not supported by an international guarantee, and one, moreover, which would not only necessarily take the shape of an international protection of Switzerland against outside aggression, but also conserve a unitary and harmonious federal administration within the Swiss boundaries. We are not surprised, accordingly, to find the conception of such a guarantee appearing in the various diplomatic documents heretofore noted which create or attest Swiss neutrality, as in the Treaty of Lunéville, February 9, 1801, and the identical treaties concluded at Paris, May 30,1814, known as the First Peace of Paris (noted in Part I of this series, April, 1918, Journal, p. 241, at p. 246), in which Swiss independence and self-government are expressly recognized: “La Suisse, indépendante, continuera de se gouverner par elle-même.” (Art. VI)
The Hellenic Crisis from the Point of View of Constitutional and International Law
Authors: Ion Theodore P.
Published: April 2006

Having examined the question of the casus foederìs of the Treaty of Alliance between Greece and Serbia, we shall now inquire whether the use of Greek territory by the Entente Powers for the purpose of carrying on military and naval operations against their enemies and the other forcible measures resorted to against Greece were justified either by reason of rights resulting from treaties, or on account of unneutral acts or omissions of the Government of Constantine.

Before discussing the points at issue, it will be necessary to summarize seriatim the facts connected with each.

It should be remembered that from the very beginning of the present war the Entente Powers have utilized the territorial waters of some islands in the Ægean Sea which were either under the military occupation of Greece or form part of her territory, and which the Allies subsequently occupied in order to further their military enterprises against Turkey. Thus, during the autumn of the year 1914, shortly after the entrance (November 5th) of the latter Power into the war as an ally of Germany and Austria, the fleets of the Entente Powers utilized the harbors and territory of some of the islands in the vicinity of the Straits of the Dardanelles as bases for their naval and, subsequently, military operations. The islands thus used for the prosecution of the war were Tenedos, Imbros, and Lemnos, and particularly the latter, on account of its convenient and safe harbor.
Aërial Law and War Targets
Authors: Colby Elbridge
Published: April 2006

Since international law is largely based upon custom, prevalent custom is more likely to evidence the real change than are formal documents. No more striking example of this effect of growing sentiment upon law can be cited than the successive pronouncements of John Marshall regarding the status of enemy property on land in time of war.1 In 1796 he appeared for the State of Virginia in the case of Ware v. Hylton (3 Dallas, 199), and argued that by the law of nations confiscation was justifiable. In 1814, deciding from the bench of the Supreme Court the case of Brown v. United States (8 Cranch, 110), he declared that though the old rigid rule would allow confiscation, prevailing current practice forbade and no nation could sanction confiscation “without obloquy.” In the Percheman case (7 Peters, 51), twenty years later, he announced that the confiscation of private property was contrary to the modern usage of nations “which has become law.”
The Pan American Union at the Sixth International Conference of American States
Authors: Manger William
Published: April 2006

A clearer definition of the scope and purposes of the Pan American Union and a reaffirmation of faith and confidence in the purposes of the institution and the principles which it represents, are among the outstanding accomplishments of the Sixth International Conference of American States, which met at Habana from January 16 to February 20,1928. The discussions by the committee appointed to consider the organization of the Union demonstrated anew the interest of the representatives of the twenty-one Republics in the institution and their desire to make it of the greatest possible influence in cementing the bonds of economic, social and cultural union between the nations of the Western Hemisphere. Throughout the proceedings it was clearly evident that all the delegates were animated by these motives. Differences of opinion that developed were not of a fundamental character, affecting the existence of the Union itself, but related to the extent of the powers to be granted to the institution and to matters of internal organization. At the same time the results of the deliberations definitely settled the doubts and possible misunderstandings that had previously existed with respect to the extent of the political authority that the Union might exercise.
Representation in League of Nations Council
Authors: Myers Denys P.
Published: April 2006

The “ Council crisis” in the League of Nations in 1926 has presented a problem in actual international cooperation of some moment. Whether it is permanently solved or only temporarily settled, it can not fail to have a profound effect upon the fundamental bases of international law. The difficulties and decisions at Geneva give practical interpretations to the “ juridic equality” of states, which is the most elusive characteristic of the unit of international relationship. Subjective considerations—“ particular national, historic, cultural and other qualifications”—did not prevail over objective considerations—the effort “ to give the widest and most equitable representation” on the Council. Progress may be said to lie on the objective side in international affairs, since there sound and practical general principles may best be evolved.