bluuebunny/crossref_metadata_2025 huggingface dataset:
20% efficient n‐type Cz‐Si MWT solar cells with adjustable reverse behavior
Authors: Lohmüller Elmar , Werner Sabrina , Maus Stephan , Brand Andreas , Jäger Ulrich , Clement Florian
Published: February 2016

We present 6‐inch n‐type Cz‐Si metal wrap through (MWT) solar cells with screen‐printed and fired contacts achieving energy conversion efficiencies up to 20.4%. These so‐called n‐type high‐performance MWT (n‐HIP‐MWT) structures feature different rear side configurations at the external p‐type contacts with respect to the phosphorus‐doped back surface field (BSF). It is shown that the alteration of the phosphorus dopant concentration at the silicon surface below the external rear p‐type contacts allows for both decreasing reverse‐bias‐induced losses and adjusting the current flowing in reverse mode.
Observation of low‐level wind reversals in the Gulf of Lion area and their impact on the water vapour variability
Authors: Di Girolamo P. , Flamant C. , Cacciani M. , Richard E. , Ducrocq V. , Summa D. , Stelitano D. , Fourrié N. , Saïd F.
Published: February 2016

Water vapour measurements from a ground‐based Raman lidar and an airborne differential absorption lidar, complemented by high‐resolution numerical simulations from two mesoscale models (AROME‐WMED and Meso‐NH), are considered to investigate three transition events from Mistral/Tramontane to southerly marine flow taking place in the Montpellier region (southern France) in the time frame September–October 2012, during the Hydrological Cycle in the Mediterranean Experiment Special Observation Period 1. Low‐level wind reversals associated with these transitions are found to have a strong impact on water vapour transport, leading to a large variability of the water vapour vertical and horizontal distributions. Water vapour mixing ratio within the boundary layer is found to vary from typical values in the range 4–8 g kg−1 during the Mistral/Tramontane flows to values in the range 8–15 g kg−1 during the southerly marine flows. The increase/decrease in water vapour mixing ratio within the boundary layer may be abrupt and marked during these transition periods, with values increasing/decreasing by a factor of 2–4 within 1 h. The high spatial and temporal resolutions of the lidar data allow monitoring the time evolution of the water vapour field during these transitions from predominantly northerly Mistral/Tramontane flow to a predominantly southerly flow, permitting identification of the quite sharp separation between these flows, which is also satisfactorily well captured by the mesoscale models. Water vapour measurements from the ground‐based lidar are complemented by particle backscatter measurements from the same system, which reveal the significant variability in the aerosol and cloud fields associated with these transition events.
A method of generating translations of unseen n‐grams by using proportional analogy
Authors: Luo Juan , Lepage Yves
Published: February 2016

In recent years, statistical machine translation has gained much attention. The phrase‐based statistical machine translation model has made significant advancement in translation quality over the word‐based model. In this paper, we attempt to apply the technique of proportional analogy to statistical machine translation systems. We propose a novel approach to apply proportional analogy to generate translations of unseen n‐grams from the phrase table for phrase‐based statistical machine translation. Experiments are conducted with two datasets of different sizes. We also investigate two methods to integrate n‐grams translations produced by proportional analogy into the state‐of‐the‐art statistical machine translation system, Moses.1 The experimental results show that unseen n‐grams translations generated using the technique of proportional analogy are rewarding for statistical machine translation systems with small datasets. © 2016 Institute of Electrical Engineers of Japan. Published by John Wiley & Sons, Inc.
Native and Nonnative Teachers of L2 Pronunciation: Effects on Learner Performance
Authors: Levis John M. , Sonsaat Sinem , Link Stephanie , Barriuso Taylor Anne
Published: February 2016

Both native and nonnative language teachers often find pronunciation a difficult skill to teach because of inadequate training or uncertainty about the effectiveness of instruction. But nonnative language teachers may also see themselves as inadequate models for pronunciation, leading to increased uncertainty about whether they should teach pronunciation (Golombek & Jordan, 2005). Although studies have regularly shown that instruction is effective in promoting pronunciation improvement (Saito, 2012), it is not known if improvement depends on the native language of the instructor, nor if learners improve differently depending on whether their teacher is native or nonnative. This study investigated the effect of teachers' first language on ratings of change in accentedness and comprehensibility. Learners in intact English classes were taught one class by a nonnative‐ and one by a native‐English‐speaking teacher. Each teacher taught the same pronunciation lessons over the course of 7 weeks. Results show that native listeners' ratings of the students' comprehensibility were similar for both teachers, despite many learners' stated preference for native teachers. The results offer encouragement to nonnative teachers in teaching pronunciation, suggesting that, like other language skills, instruction on pronunciation skills is more dependent on knowledgeable teaching practices than on native pronunciation of the teacher.
Understand updates to student‐veteran legislation
Authors: Sutton Halley
Published: February 2016

ANAHEIM, CALIF. — In a session at the Pacific Association of Collegiate Registrars and Admissions Officers annual conference, Chryssa Jones, National Association of Veterans' Program Administrators public relations chair for the University of California, Riverside, shared recent updates to legislation affecting student‐veterans on college and university campuses. Stay on top of these legislative updates to make sure that your campus is serving student‐veterans effectively while avoiding potentially costly fines or audits.
Develop creative approaches to improving services
Authors: Hope Joan
Published: February 2016

One of Margaret Adorno's favorite parts of being a registrar is that her career offers opportunities for creativity. She has engaged her staff at Pomona College in California in developing creative solutions to improving her office's services and functions, including:
Sovereignty over natural resources and its implications for climate justice
Authors: Banai Ayelet
Published: February 2016

In the current international system, sovereign states hold extensive rights over the natural resources in their territories. How are sovereign rights in natural resources justified? What are the implications of these rights for the demands of climate justice, which pertain to the use and management of natural resources—for example, rainforests? This article reviews five theories of territorial rights, in contemporary political and legal philosophy, and the justifications that they provide for territorial jurisdiction over natural resources. It is argued that insofar as the philosophical‐normative perspectives justify sovereigns’ jurisdiction over natural resources within their borders, they also give rise to limits on the legitimate and permissible exercise of the jurisdictional prerogative. This theoretical proposition is then illustrated in the case of international climate‐justice obligations of rain‐forest‐rich countries. WIREs Clim Change 2016, 7:238–250. doi: 10.1002/wcc.383

This article is categorized under:

Climate, Nature, and Ethics > Climate Change and Global Justice
A computational chemist's guide to accurate thermochemistry for organic molecules
Authors: Karton Amir
Published: February 2016

Composite ab initio methods are multistep theoretical procedures specifically designed to obtain highly accurate thermochemical and kinetic data with confident sub‐kcal mol−1 or sub‐kJ mol−1 accuracy. These procedures include all energetic terms that contribute to the molecular binding energies at these levels of accuracy (e.g., CCSD(T), post‐CCSD(T), core–valence, relativistic, spin‐orbit, Born–Oppenheimer, and zero‐point vibrational energy corrections). Basis‐set extrapolations (and other basis‐set acceleration techniques) are used for obtaining these terms at sufficiently high levels of accuracy. Major advances in computer hardware and theoretical methodologies over the past two decades have enabled the application of these procedures to medium‐sized organic systems (e.g., ranging from benzene and hexane to amino acids and DNA bases). With these advances, there has been a proliferation in the number of developed composite ab initio methods. We give an overview of the accuracy and applicability of the various types of composite ab initio methods that were developed in recent years. General recommendations to guide selection of the most suitable method for a given problem are presented, with a special emphasis on organic molecules. WIREs Comput Mol Sci 2016, 6:292–310. doi: 10.1002/wcms.1249

This article is categorized under:

Electronic Structure Theory > Ab Initio Electronic Structure Methods

Theoretical and Physical Chemistry > Thermochemistry
Group II introns: versatile ribozymes and retroelements
Authors: McNeil Bonnie A. , Semper Cameron , Zimmerly Steven
Published: February 2016

Group II introns are catalytic RNAs (ribozymes) and retroelements found in the genomes of bacteria, archaebacteria, and organelles of some eukaryotes. The prototypical retroelement form consists of a structurally conserved RNA and a multidomain reverse transcriptase protein, which interact with each other to mediate splicing and mobility reactions. A wealth of biochemical, cross‐linking, and X‐ray crystal structure studies have helped to reveal how the two components cooperate to carry out the splicing and mobility reactions. In addition to the standard retroelement form, group II introns have evolved into derivative forms by either losing specific splicing or mobility characteristics, or becoming functionally specialized. Of particular interest are the eukaryotic derivatives—the spliceosome, spliceosomal introns, and non‐LTR retroelements—which together make up approximately half of the human genome. On a practical level, the properties of group II introns have been exploited to develop group II intron‐based biotechnological tools. WIREs RNA 2016, 7:341–355. doi: 10.1002/wrna.1339

This article is categorized under:

RNA Processing > Splicing Mechanisms

RNA-Based Catalysis > RNA Catalysis in Splicing and Translation
Organic Matter Characterization of Carbonaceous Shales from Raniganj Coalfields and its Implications on Depositional Condition: A Palynofacies and Petrographic Overview
Authors: Mahesh S. , Murthy Srikanta , Sabina K. Pauline , Saran Shinjini , Singh Vikram Partap
Published: February 2016

The present work deals with the palaeoenvironment and depositional setting of the subsurface sediments from bore hole RT-4 of Tamra block from Raniganj coalfield of Damodar Basin, India. Nineteen shale samples were subjected to palynological and coal petrographical analyses. On the basis of botanical affinity between the miospores and the parent plants as well as the different plant groups, each coal plant assemblage was determined. The dominance of bisaccates such as Scheuringipollenites, Faunipollenites (=Protohaploxypinus), Striatopodocarpites and presence of monosaccates such as Densipollenites, Parasaccites reflect a peat forming community composed mainly of gymnosperms. Subordinate trilete spores derived from filicopsids (Cyclogranisporites, Horriditriletes, Brevitirletes, Callumispora, Microbaculsispora, Microfoveolatispora, Cyclobaculisporites), lycopsids (Indotriradites, Gondispoirtes and Didecitriletes) and sphenopsids (Laevigatosporites) are less abundant occurring in variable proportions reflecting a hypautocthonous taphocenose. Presence of Botryococccus algae has been recorded. Palynofacies and petrographic analyses suggest deposition in open mires in a Limnic to limno-telmatic conditions with intermittent flooding of the site.
Sub-surface Coal Seams of Bhupalpalli and Golapalli Areas of Godavari Valley Coalfield and their Petrographic Characteristics
Authors: Sarate Omprakash S.
Published: February 2016

The research work details the maceral organization of eleven coal seams intersected at a maximum depth of 446.45 m from Bhupalpalli area of the Mulug coal belt, in Warangal district of Godavari valley. Samples for petrographic study have been collected from ten coal seams intersected between 106 m and 299 m depth range from Bore-hole No. 618 which includes, IA and its underlying I, II, Index below II, IIIB, IIIA, III, IVA, IV and Index below IV respectively. However, the coal samples from the bottom most V seam were collected from Bore-hole No. 616 encountered between 445.65 m and 446.45 m. The study has revealed that V seam is marked by vitric type and seam IVA contains coal of fusic nature. The seams I, II, Index below II, IIIB, IIIA and IV, however, are represented by mixed type of coal. Whereas, the seams IA and III have the prevalence of vitric as well as mixed coal types. IA seam has witnessed alternate oxic and anoxic moor condition and also wet moor with intermittent moderate to high flooding. All the other seams have been deposited during alternate oxic and anoxic moor conditions. The coal seams of the study area have shown a wide range of variation in vitrinite reflectance (Ro mean %). The top of III, basal part of IV and the entire Index below IV have recorded high vitrinite reflectance (Ro mean %), which ranges between 0.66-0.67% thus they have reached high volatile bituminous B stage, all the other seams show lower reflectance and therefore have attained high volatile bituminous C rank.
Comparing Student Loyalty Behavioural Intentions across Multi Entry Mode Deliveries: An Australian Perspective
Authors: Quintal Vanessa , Phau Ian
Published: February 2016

This paper compares students’ perceptions of push/pull and risk attributes for their impacts on attitude and loyalty behavioural intention towards their university that has adopted multi entry mode strategy in its home and offshore campuses. A total of 561 completed responses were collected through an online survey from students in a large university with campuses in Australia, Malaysia and Singapore. Findings suggested that international students residing in Australia held the most favourable perceptions, attitude and loyalty behavioural intention compared with their counterparts in Malaysia and Singapore, suggesting the inward exporting strategy was successful for the university. The applicability of the Uppsala model in explaining the university's respective entry mode strategies validated its use in the context of international higher education.
Is it Time to Jump off the Sustainability Bandwagon?
Authors: DesJardins Joseph
Published: February 2016

Almost thirty years after its initial use in the Brundtland Report, the concept of “sustainability” has become ubiquitous within business, with virtually every company division across a broad range of industries developing “sustainable” models and practices. While the original Brundtland idea of sustainable development has the potential to do much good in guiding business practice, this potential is being undermined by the systematic misuse, misunderstanding, and flawed application of the concept in many business settings. Under the guise of sustainability, business is being asked to do both less than and more than what should be required by a commitment to sustainable development. As a result, serious ethical and practical questions go unanswered, questions that must be addressed before sustainability can become a meaningful business strategy. This address situates sustainable business within its original context of sustainable development and argues against attempts to convert sustainability either into a narrow concept of risk management or into a broad concept of social responsibility. It then lays out a sustainability research agenda that helps us understand how to create businesses that can meet present and future needs without jeopardizing future generations via the destruction of the biosphere.
Wearable sensors and Mobile Health (mHealth) technologies to assess and promote physical activity in stroke: a narrative review
Authors: Thilarajah Shamala , Clark Ross A , Williams Gavin
Published: February 2016

Stroke is a leading cause of disability worldwide, with approximately one third of people left with permanent deficits impacting on their function. This may contribute to a physically inactive lifestyle and further associated health issues. Current research suggests that people after stroke are not meeting the recommended levels of physical activity, and are less active than people with other chronic illnesses. Thus, it is important to understand how to support people after stroke to uptake and maintain physical activity. Wearable sensors and mobile health (mHealth) technologies are a potential platform to measure and promote physical activity. Some of these technologies may incorporate behaviour change techniques such as real-time feedback. Although wearable activity trackers and smartphone technology are widely available, the feasibility and applicability of these technologies for people after stroke is unclear. This article reviews the devices available for assessment of physical activity in stroke and discusses the potential for advances in technology to promote physical activity in this population.
Rarefaction-driven Rayleigh–Taylor instability. Part 1. Diffuse-interface linear stability measurements and theory
Authors: Morgan R. V. , Likhachev O. A. , Jacobs J. W.
Published: February 2016

Theory and experiments are reported that explore the behaviour of the Rayleigh–Taylor instability initiated with a diffuse interface. Experiments are performed in which an interface between two gases of differing density is made unstable by acceleration generated by a rarefaction wave. Well-controlled, diffuse, two-dimensional and three-dimensional, single-mode perturbations are generated by oscillating the gases either side to side, or vertically for the three-dimensional perturbations. The puncturing of a diaphragm separating a vacuum tank beneath the test section generates a rarefaction wave that travels upwards and accelerates the interface downwards. This rarefaction wave generates a large, but non-constant, acceleration of the order of $1000g_{0}$, where $g_{0}$ is the acceleration due to gravity. Initial interface thicknesses are measured using a Rayleigh scattering diagnostic and the instability is visualized using planar laser-induced Mie scattering. Growth rates agree well with theoretical values, and with the inviscid, dynamic diffusion model of Duff et al. (Phys. Fluids, vol. 5, 1962, pp. 417–425) when diffusion thickness is accounted for, and the acceleration is weighted using inviscid Rayleigh–Taylor theory. The linear stability formulation of Chandrasekhar (Proc. Camb. Phil. Soc., vol. 51, 1955, pp. 162–178) is solved numerically with an error function diffusion profile using the Riccati method. This technique exhibits good agreement with the dynamic diffusion model of Duff et al. for small wavenumbers, but produces larger growth rates for large-wavenumber perturbations. Asymptotic analysis shows a $1/k^{2}$ decay in growth rates as $k\rightarrow \infty$ for large-wavenumber perturbations.
Scale interactions in a mixing layer – the role of the large-scale gradients
Authors: Fiscaletti D. , Attili A. , Bisetti F. , Elsinga G. E.
Published: February 2016

The interaction between the large and the small scales of turbulence is investigated in a mixing layer, at a Reynolds number based on the Taylor microscale ($Re_{{\it\lambda}}$) of $250$, via direct numerical simulations. The analysis is performed in physical space, and the local vorticity root-mean-square (r.m.s.) is taken as a measure of the small-scale activity. It is found that positive large-scale velocity fluctuations correspond to large vorticity r.m.s. on the low-speed side of the mixing layer, whereas, they correspond to low vorticity r.m.s. on the high-speed side. The relationship between large and small scales thus depends on position if the vorticity r.m.s. is correlated with the large-scale velocity fluctuations. On the contrary, the correlation coefficient is nearly constant throughout the mixing layer and close to unity if the vorticity r.m.s. is correlated with the large-scale velocity gradients. Therefore, the small-scale activity appears closely related to large-scale gradients, while the correlation between the small-scale activity and the large-scale velocity fluctuations is shown to reflect a property of the large scales. Furthermore, the vorticity from unfiltered (small scales) and from low pass filtered (large scales) velocity fields tend to be aligned when examined within vortical tubes. These results provide evidence for the so-called ‘scale invariance’ (Meneveau & Katz, Annu. Rev. Fluid Mech., vol. 32, 2000, pp. 1–32), and suggest that some of the large-scale characteristics are not lost at the small scales, at least at the Reynolds number achieved in the present simulation.
The Economic Roots of External Efficacy: Assessing the Relationship between External Political Efficacy and Income Inequality
Authors: Norris Mikel
Published: February 2016

External political efficacy, the belief that government is responsive to the demands of its citizens, has been declining in the United States since the 1960s. However, scholars do not yet fully understand the reasons for its decline. Nor have they found suitable explanations for why it fluctuates within the electorate. Drawing on the growing literature on the effects of income inequality on public policy, I posit that increasing income inequality factors into the decline of external political efficacy. Using multilevel regression models accounting for individual and contextual factors, I find increasing state-level income inequality has a substantial negative effect on external political efficacy. It is greater than most state and national-level economic measures or individual-level variables on external political efficacy. These results have important implications both for research on income inequality and political participation and also for research on income inequality and distributional public policy.
The Penology of the Talmud
Authors: Cohn Haim H.
Published: February 2016

Penology, or the science of punishment, has three different aspects: the technique of punishment, or the character of the various punitive measures and the means by which they are enforced and implemented; the psychology of punishment, probing into the function of punitive action, both in so far as the victim, that is the person punished, is affected, and in so far as such action is calculated to satisfy the needs or purposes of the punishing authority; and the sociology of punishment allocating to penal activity its place (as part of the legal institutional framework) in the social, economic and political life of the community. All these aspects are interconnected, and the view generally advocated (though hardly proven as yet) is that they are also interdependent: the psychological effect as well as the sociological impact of any given penalty depends, it is held, on the nature of the penalty concerned and the manner in which it is implemented. The fact cannot, however, sufficiently be stressed that any such interdependence is not, as a rule, preconceived or planned in advance. It is for the historian of penal law or penology to establish on the statistical or other data what has, in fact, been the effect or the impact of any particular punishment in any given period or community. But the penologist is not necessarily either historian or statistician. While, like the lawyer, he builds on institutions which have come down from the past, neither his theorization nor his planning is bound by precedent or past experience, and he may well dismiss the past as one great error which exists only to be rectified or eliminated. This being so, for a penology to develop it is not necessary that there should be any practical experience with the effect and impact of punishments actually imposed. It is true that in the absence of such practical experience, penology will remain an exercise in theorization and planning, not unlike the exercises in “utopian” and idealistic legislation which have occupied so many geniuses in the past; but that does not derogate from the validity of, and the scientific attention due to, the reasons and considerations underlying the theories propounded.
Gold Value Clauses and Public Policy
Authors: Hirschberg Eliahu
Published: February 2016

Gold value clauses are rarely used in England. In the United States, before the Joint Resolution of both Houses of Congress of January 5, 1933, which abrogated gold clauses in the U.S. retrospectively and prospectively, declaring them to be against public policy, gold coin clauses were a common occurrence. In the past on the European continent much use has been made of gold value clauses.

In England gold value clauses may assume greater importance in the future. Lately, the two-tier system of gold prices has been introduced, one between Central Banks and another at the free market price. In an individual gold value clause, the question of which price is recognized by the parties, who probably did not in fact foresee the possibility of the creation of a two-tier system, is one of construction. Even today, a party to a gold value clause which refers to the free market price may gain a profit, if there is an appreciation of the price of gold on the free market above the U.S. government minimum level of $35.00 per ounce.
The Conflict of Personal Laws, Part 1
Authors: Vitta Edoardo
Published: February 2016

I. Historical and Comparative Backround:(1) Early medieval times. (2) The Ottoman Empire and successor States. (3) Personal laws in the colonies. (4) State and Church law as personal laws.

II. The Personal Laws as Autonomous Legal Systems:(1) Notion of legal system. (2) Personal legal systems. (3) Relationships between personal legal systems and between such systems and the State. (4) The dominant position of the State. (5) The personal laws as autonomous legal systems.

III. The Conflict of Personal Laws and the Interpretation of its Rules:(1) State legislation relating to personal laws. (2) The problem of qualification. (3) The renvoi problem. (4) Public policy.

IV. Connecting Principles:(1) Membership of an ethnic or religious group. (2) Influence of the will of the parties. (3) Other connecting principles.

V. Nature and Historical Function of the Conflict of Personal Laws:(1) The legal nature of the Conflict of Personal Laws. (2) The historical function of the conflict of Personal Laws.
The Laws of Eshnunna
Authors: Yaron Reuven
Published: February 2016

The laws of the Old-Babylonian kingdom of Eshnunna (LE) were discovered in 1945 and 1947, on two parallel tablets, during excavations on the outskirts of Baghdad. In 1948 a first edition, with English translation, was published by Professor Albrecht Goetze, of Yale University. Since then the LE have been translated into many languages, major and minor, and a considerable literature has grown up around them. Goetze himself has repeatedly returned to the Laws of Eshnunna. His standard edition of the LE, now in general use by scholars, was published in 1956.

Eshnunna, to the east of the river Tigris, flourished during the early second millennium B.C. Much of its history is as yet uncertain. Here it will suffice to note that it finally fell victim to the expansionist policies pursued with success by Hammurabi of Babylon, during the fourth decade of his reign. The date of promulgation of the LE is uncertain, but it is at least agreed that they precede the Code of Hammurabi, though one cannot know by how much. It is then a fair guess that they were issued in the course of the 18th century B.C.; thus they constitute the earliest collection known at present, of legal rules in Akkadian.
The Conflict of Personal Laws, Part II
Authors: Vitta Edoardo
Published: February 2016

The characteristic function of private international law is to declare the law applying to cases containing a foreign element, by pointing out the general principles upon which all the legislation on the matter is based and developed. The function of such principles is to help to specify the law considered appropriate in individual cases. Private international law knows several such principles such as domicile, nationality, the will of the parties, the place where a contract is concluded or where an immovable is situated, etc.

Conflict of personal laws is also based on connecting principles, although of a different character. The main connecting principle is the ethnic or religious association of the parties. Nationality or domicile of the parties, the two connecting principles on which the main systems of private international law are based, may not be resorted to in the conflict of personal laws. Nationality may be taken as a basis for deciding which is the most appropriate law to be applied to the relationships between nationals of different States, but not for deciding which law is to be applied to parties who, being members of different legal systems, are nevertheless all nationals of the same State. As to domicile, it may help to solve a similar problem arising between persons domiciled in different countries or between persons domiciled in different parts of the same country within which different territorial laws are in force; but it can serve no useful purpose in relation to nationals of the same State to whom different laws apply by reason of their ethnic or religious origin and who live scattered throughout the whole of the territory of the State.
The International Military Tribunal and the Holocaust: Some Legal Reflections
Authors: Robinson Jacob
Published: February 2016

On Sept. 30–Oct. 1, 1946 the International Military Tribunal in Nuremberg announced its judgment. The trial started on Nov. 14, 1945 and was concluded on Aug. 31, 1946 after 216 working days. The writing and discussing of the Judgment was accomplished in four weeks. The proceedings and judgment represent an extraordinary tour de force.

The Judgment has been a subject of careful study and heated controversy for a quarter of a century. Considering the record speed of the trial and of the writing of the Judgment, it should come as no surprise to discover that the Judgment is far from being a monolithic piece.

In the following, an attempt is made to test the consistency of the positions of the IMT in one of its most sensitive parts: the persecution and the extermination of the Jewish people.
The International Court at Fifty.
Authors: Rosenne Shabtai
Published: February 2016

The Permanent Court of International Justice was inaugurated on January 30, 1922. The present International Court of Justice held its inaugural meeting on April 18, 1946—the day on which the League of Nations formally ceased to exist. Measured in terms of “business”, the present Court has become a disappointment, and at the beginning of 1970 it had no pending cases on its docket. Today it has one. This situation of decline, which in fact had been evolving ever since the thirties, formed the subject of an important speech by the U.S. Secretary of State on April 25, 1970; it was also commented upon by Secretary-General U Thant in the Introduction to his annual report on the work of the organization submitted to the twenty-fifth session of the United Nations General Assembly. Following this, twelve member States initiated a debate on a new agenda item entitled: “Review of the role of the International Court of Justice”. This debate led to an interim decision inviting the Secretary-General to submit to the next session a comprehensive report, to be based on the replies of States to a questionnaire which he was asked to prepare and circulate.
Comment on “Criminal Jurisdiction Over Aircraft Hijacking”.
Authors: Feller S. Z.
Published: February 2016

1. In his article “Criminal Jurisdiction over Aircraft Hijacking”, Dr. Y. Dinstein analyzes the provisions of the Convention for the Suppression of Unlawful Seizure of Aircraft, of December 16, 1970—hereinafter referred to as “the Hague Convention”. This convention deals with States' jurisdiction with regard to the offence of “hijacking”, as defined by Article 2 of the convention, in accordance with the nature of their connection with the offence committed.

The learned writer, in the course of his analysis, postulates three premises. The first premise is that Article 4 of the Hague Convention lays down an order of preference with respect to the jurisdiction of the States referred to in that Article. The second premise is that this order of preference is reflected in the order of the paragraphs of Article 4 which specify which are the states in question (paragraphs 1 and 2). The third premise is that the Hague Convention does not provide for universal jurisdiction in respect of the offence of hijacking.
The Institutional Character of the Judge
Authors: Laskin Bora
Published: February 2016

It would be an unforgivable presumption on my part if I attempted to give my observations in this lecture a world-wide focus. At best, they may be suggestive beyond the compass of the small part of the world in which I have gained, by study and by experience, the insights which support my words. At the least, they will bring to light my particular appreciation of the liberties and the constraints which judges of courts in a parliamentary democracy enjoy and endure in the discharge of their duties.

What do I mean by “the institutional character of the judge”? Imagine, if you will, that a man or a woman has been appointed a member of a court. That person has joined an organization which, by constitution or by statute or by both, has been given form, size and function. The position provides security of tenure, an assured salary, and a pension upon due retirement or after a prescribed number of years of service. It demands a stated length of experience in law which has been underpinned by educational qualifications that any aspirant to membership of the Bar must meet. In my country, as in Great Britain and the United States, and as in Israel, the neophyte judge is neither a civil servant, as is the case elsewhere, nor has he joined a specialized branch of the executive government, as is also the case elsewhere. What faces him or her in his or her work, be it as a trial judge sitting alone or as an appellate judge sitting with two or four or more colleagues? To what extent does the judicial system, of which he or she is now part, absorb him or her, and how much freedom does he or she have, to remain or become an individual per se?
The Powers of the Caretaker Government: Are They Really Unlimited?
Authors: Klein Claude
Published: February 2016

After a political and constitutional crisis, the Government of Mr. Rabin presented its resignation to the President of the State on 20 December 1976. A few weeks later, the Knesset decided to bring forward the general elections from October 1977 to 17 May 1977. Under sec. 11 of Basic Law: The Government, the procedure for setting up a new government ceases immediately after the adoption of a Law to dissolve the Knesset. Thus, the government of Mr. Rabin, having resigned will “continue to carry out its function until a new Government is formed”. It is generally assumed that it will take approximately 4–6 weeks to form a new government after the elections of May 17. Thus, a new government will not begin to function before the beginning of July 1977, leaving the present government of Mr. Rabin to “carry out its functions” for more than 6 months, i.e., from 20 December 1976 until (approximately) July 1977.
Compensation to the Divorced Woman in the Israeli Druze Family
Authors: Layish Aharon
Published: February 2016

Neither under Ottoman rule nor under the Mandate—nor even under Israel law until 1957—were the Druzes recognised as a religious community. Until quite recently, they resorted to the Sharī'a Courts in matters of personal status although under the Palestine Order-in-Council of 1922 these courts had no jurisdiction over non-Muslims. But in 1957, the Druzes gained recognition as a religious community within the meaning of the Religious Communities (Organisation) Ordinance, 1926, and the Druze Spiritual Leadership was given the status of a religious council within the meaning of the Religious Communities (Organisation) (Druze Community) Regulations, 1957. In 1963, by virtue of the Druze Religious Courts Law, 1962, a court of first instance and a court of appeal were established for the community. These have exclusive jurisdiction in matters of marriage and divorce of Druzes in Israel who are nationals or residents of the State. In other matters of personal status they have concurrent jurisdiction. In the absence of agreement to the jurisdiction of the religious court, jurisdiction vests in the District Court. The Druze courts also have exclusive jurisdiction in matters relating to the creation or internal administration of waqfs (endowments) established before a Druze court under Druze law or established, prior to the coming into force of the Druze Religious Courts Law, in accordance with Druze custom and not before any judicial authority.
A Tribute to Sir Otto Kahn-Freund (1900–1979)
Authors: Livneh Ernst
Published: February 2016

When I first met Otto Kahn-Freund in 1920, his charm made me his lifelong friend. His was the cheerfulness of a rich nature, but also a penetrating mind and the readiness to stand on his opinion and to express it forcefully.

After the First World War Kahn-Freund studied history and, later on, law; partly at his home-town university Frankfurt-am-Main and partly in Heidelberg and Leipzig. In a circle of animated students he was one of the most remarkable. He finished his law studies in 1925 summa cum laude with a doctoral thesis on the effects of collective labour agreements. From early on labour law was one of the topics nearest to his interest, perhaps urged by his socialist conviction, certainly stimulated by our teacher Professor Hugo Sinzheimer. Kahn-Freund belonged to the inner circle of Sinzheimer's pupils and also worked some time in his advocate's practice. Labour law was to become a leitmotif in Kahn-Freund's own professional way, up to his last work—a series of lectures he called “Labour Relations —Heritage and Adjustment”, which he held in 1978 in the British Academy under the auspices of the Thanksgiving Offering to Britain Fund donated by Jewish refugees settled in England (the lectures were published in 1979).
Judges and Policy
Authors: Atiyah P.S.
Published: February 2016

Nobody would deny that in a considerable proportion of cases which come before a judge for decision, the law is clear, and indeed often undisputed by the parties. In these cases, the Judge's duty raises no special problem so far as the law is concerned, though it may do so as to the facts. But it is also true that there are a significant number of cases in which the law or at least its application, is unclear, and the nature of the judicial role is then more controversial. During the last few decades legal theorists and judges themselves have often discussed these questions in various public pronouncements. In this lecture I want to focus principally on a number of assumptions and views about the judicial role which appear to be largely peculiar to the English, or perhaps Commonwealth judiciary. But before I look more closely at the English judiciary, I would like to set the discussion into a broader theoretical framework.
Some Observations on the Current Growth of the Law
Authors: Lasker Morris E.
Published: February 2016

Travel is a great teacher. It focuses our attention by compelling comparisons between the unfamiliar and the familiar. It develops perspective by inviting the measurement of differences and similarities between what we see before us and what we have left behind.

In visiting the brave new world of Israel, Americans note many features different from our own country and some that remind us of home. As to our attitude towards the law, however, there is no doubt that in spite of our very different histories we march to the same drummer with you. Israel and America are both law-based societies. We share in common the fundamental belief that no ordered society can exist or thrive except under the law, that all persons (including the state) are equal under law, and that individual liberty is dependent on the law and on its fair and steady enforcement by judges independent of the other branches of government.
Circumvention of the Law in Talmudic Literature
Authors: Shilo Shmuel
Published: February 2016

A cursory examination of the Talmudic sources relating to circumvention of the law is sufficient to show that two approaches exist, one affirmative and permitting it and one negative and forbidding it. “A person may contrive to bring his produce in whilst still in its chaff so that his animal may eat it without its becoming liable to tithe”. “A person may contrivingly mix his grain with stubble in order to exempt it from tithe”. There are many similar dicta. On the other hand, for example, in theTosefta Taharotwe find in a number of matters “provided he does not act contrivedly for if he does they are impure”.

Can these sources be reconciled to give a more or less clear picture of the way in which the rabbis approached the question of circumvention of the law? Rosh (R. Asher b. Yehiel, Germany, Spain c. 1250–1327), for instance, conscious of the attendant difficulties, observed with regard to rules of rabbinical provenance: “Not every circumvention… is the same. Some are generally permitted… Others are permitted only to students of the law… Still others are entirely forbidden and the rabbis treat them more rigorously than deliberate acts… And then there are those over which opinion is divided”. Rosh thus sets out the problem but suggests no solution. In the view of the present writer the sources lend themselves to systematic explanation which rebuts the remark of Rashba (R. Solomon Ibn Abraham Adret, Spain c. 1235–1310) that no two cases of circumvention are alike.
Abuse of Process
Authors: Ginossar Shalev
Published: February 2016

Legal procedure does not enjoy great popularity. The layman resents it, since it prevents him from conducting his case by himself and forces him to resort to professional advocates. But even the jurist's attitudes to procedure is far from positive: he sees it as a mere “adjective” branch of the law that detracts from the importance of “substantive” law. Moreover, it has often emerged that the labyrinth of procedure does not lead to the triumph of the substantive law, but rather to the perversion of justice. A person expert in procedure has, as it were, wide scope in which to prevent, or, at least to distort, the revelation of the truth.

From time to time, a judge may be heard speaking out against such abuse of legal process, but mostly, his is a voice crying out in the wilderness.
Male influence on the ovarian development of the crustacean parasiteBopyrina abbreviata(Isopoda, Bopyridae)
Authors: Romero-Rodríguez Jesús , Román-Contreras Ramiro , Bortolini-Rosales José Luis
Published: February 2016

The presence of a male in a population of terrestrial isopods can accelerate the onset of female reproduction, a feature that has been suggested also to occur in bopyrid isopods. This paper aims to estimate the influence of the male presence on the ovarian maturation ofBopyrina abbreviata. Females ofB. abbreviataof different sizes were collected at Términos lagoon, Campeche, Mexico. The organisms were morphometrically classified as immature or mature, the male presence or absence at female's marsupium was recorded, and the degree of ovarian development was determined histologically. The internal organization ofB. abbreviataagrees with that described for bopyrids and isopods in general. The ovarian cells originate from a dorsal lamina germinal layer that extends horizontally. The ovarian development of lone and paired immature females was classified as incipient and medium, respectively. In mature females it was classified as advanced, in the paired females and in the one lone mature female studied. The lone mature female differed from paired mature females only in the presence of reabsorption process in some oocytes located closer to the ventral wall of the ovary. Morphology variations between lone and paired females suggests that the presence of a cryptoniscus larva or a male between the female's pleopods stimulates the onset of reproduction and accelerates the ovarian development ofB. abbreviata.
New Identity Politics and the 2012 Collapse of Nepal's Constituent Assembly: When the dominant becomes ‘other’
Authors: ADHIKARI KRISHNA P. , GELLNER DAVID N.
Published: February 2016

This article explores the politicization of ethnicity in Nepal since 1990. In particular it looks at how ideas of indigeneity have become increasingly powerful, leading to Nepal becoming the first and—to date—only Asian country to have signed International Labour Organization Convention number 169 (hereafter ILO 169). The rise of ethnic politics, and in particular the reactive rise of a new kind of ethnicity on the part of the ‘dominant’ groups—Bahuns (Brahmans) and Chhetris (Kshatriyas)—is the key to understanding why the first Constituent Assembly in Nepal ran out of time and collapsed at the end of May 2012. This collapse occurred after four years and four extensions of time, despite historic and unprecedentedly inclusive elections in April 2008 and a successful peace process that put an end to a ten-year civil war.
UNIFORM BAHADUR REPRESENTATION FOR NONPARAMETRIC CENSORED QUANTILE REGRESSION: A REDISTRIBUTION-OF-MASS APPROACH
Authors: Kong Efang , Xia Yingcun
Published: February 2016

Censored quantile regressions have received a great deal of attention in the literature. In a linear setup, recent research has found that an estimator based on the idea of “redistribution-of-mass” in Efron (1967, Proceedings of the Fifth Berkeley Symposium on Mathematical Statistics and Probability, vol. 4, pp. 831–853, University of California Press) has better numerical performance than other available methods. In this paper, this idea is combined with the local polynomial kernel smoothing for nonparametric quantile regression of censored data. We derive the uniform Bahadur representation for the estimator and, more importantly, give theoretical justification for its improved efficiency over existing estimation methods. We include an example to illustrate the usefulness of such a uniform representation in the context of sufficient dimension reduction in regression analysis. Finally, simulations are used to investigate the finite sample performance of the new estimator.
ESTIMATING VOLATILITY FUNCTIONALS WITH MULTIPLE TRANSACTIONS
Authors: Jing Bing-Yi , Liu Zhi , Kong Xin-Bing
Published: February 2016

The phenomenon of multiple transactions at each recording time is a common occurrence for high-frequency financial data because of the heavy trading of the market and limitation of the recording mechanism. This situation has existed for many years, but has become more common in recent years because of heavier trading. Surprisingly, there have been few studies on this important issue, in spite of some ad hoc approaches to treat multiple transactions. In this paper we investigate how to handle multiple transactions, particularly in the context of estimating the integrated volatility and integrated quarticity, which are of great interest in financial econometrics. Two approaches are proposed for this purpose, and their asymptotic properties are investigated. Their performances are confirmed by simulation studies. The estimators are also applied to some real world problems. The work represents only the first step in this direction, and some future research problems are discussed.