bluuebunny/crossref_metadata_2025_split huggingface dataset:
Derivatives and Islamic Finance
Authors: Eisenberg David M 
Published: January 2021

Abstract
This chapter studies how conventional derivatives—especially futures, options, and swaps—have been or may be based on bay’ salam, bay’ ʻurbun, and other traditional Islamic transaction structures. Bridging the gap between traditional Islamic transaction structures and conventional derivatives continues to be among the most urgent challenges facing the global Islamic finance industry, not least to provide Islamic financial institutions with a crucial tool for risk management. Salam and ʻurbun clearly illustrate the nature of the challenge to create Shari’a-compliant derivatives. Paradoxically, it is their deviation from the standard conditions for a valid sale contract that allow them to function to some extent as proxies for conventional derivatives. Among jurists, a consensus (ijma’) emerged as to the validity of salam, although special conditions were imposed not only to minimize gharar (uncertainty) and the kindred contractual defect of jahl (lack of knowledge), but also to reduce the possibility of riba (unlawful gain). There is still considerable debate among the various schools of law as to whether ʻurbun constitutes a valid sale contract under the Shari’a.
Shari’a-Compliant Funds: Principles and Practical Considerations
Authors: Ahmedani Zeeshan , Alam Safdar 
Published: January 2021

Abstract
This concluding chapter explores Shari’a-compliant funds. The Shari’a-compliant funds sector is concentrated in three distinct ways, each of which exemplifies constraints on its ability to grow. First, the sector is still largely concentrated in two regions of the Islamic world: the Middle East and Southeast Asia. Second, the sector is also concentrated in a small number of asset classes. Thus, it does not as yet provide its investor base with the broad spectrum of exposure to geographies, asset classes, strategies, and return profiles that are the hallmark of a mature investment management industry. Third, the Shari’a-compliant funds sector lacks significant diversification across managers, with a handful of large managers still dominating the market. The chapter then looks at the basic tenets of Islamic finance and their application to Shari’a-compliant funds. It also considers the various types of Shari’a-compliant funds, as well as the process of establishing and operating a Shari’a-compliant fund.
Introduction
Authors: Clooney Amal , Webb Philippa 
Published: January 2021

Abstract
This introductory chapter provides an overview of the right to a fair trial. An unfair trial can be devastating to an individual defendant—removing their liberty, destroying their reputation, even taking away their life. Unfair trials are also damaging to entire societies as they are used to undermine democracy and oppress minorities. As such, the right to a fair trial is one of the most fundamental components of human rights. Article 14 of the International Covenant on Civil and Political Rights (ICCPR) is the starting point and organising principle of the right to a fair trial, but the scope and content of the right is not always easy to discern given the multitude of international-law sources that define it. Understanding the right to a fair trial may require reference not only to its interpretation by courts, treaty bodies, rapporteurs, experts, and scholars, but also the preparatory work of the treaty and the circumstances of its conclusion.
Right to Silence
Authors: Clooney Amal , Webb Philippa 
Published: January 2021

Abstract
This chapter discusses the right of anyone accused of a criminal offence not to be compelled to ‘testify against himself or confess guilt’. This right helps to protect the defendant from torture and other forms of ill-treatment by prohibiting the use of evidence obtained through those methods. It aims to reduce the risk that unreliable evidence will be produced, and seeks to ensure the equality of arms between the prosecution and defence. The right not to be compelled to testify against himself or confess guilt provides defendants with two distinct but overlapping rights: the right to silence and the right not to incriminate oneself. The right not to incriminate oneself is narrower than the right to silence in that it only allows a defendant to refuse to provide answers that may be incriminating, whereas the right to silence means he may refuse to answer any question at all. On the other hand, whereas the right to silence only protects oral statements, the right not to provide incriminating evidence also applies to documents and other material. Although the right not to be compelled to testify against himself or confess guilt is recognised in many domestic jurisdictions, many aspects of the right are either undefined or inconsistently defined at the international level by human rights bodies and criminal courts.
Remedies
Authors: Clooney Amal , Webb Philippa 
Published: January 2021

Abstract
This chapter examines the right to a remedy for fair trial violations. The right to a remedy is recognised in the International Covenant on Civil and Political Rights and regional human rights treaties, many of which also recognise a specific right to compensation when there has been a miscarriage of justice. Financial compensation and declaratory relief are awarded most frequently although some international bodies also regularly award more far-reaching remedies, such as the release of the defendant, the quashing of a conviction, a reduction in the sentence, a retrial of the defendant, or reforms to legislation. This chapter compares the practice of international and regional courts and human rights bodies and comments on states’ record of compliance with such remedies. It concludes that greater attention should be paid to this issue by practitioners and decision-makers at international bodies.
The Foreign Element and Party Autonomy in Negotiable Instruments Law
Authors: Geva Benjamin , Peari Sagi 
Published: January 2021

Abstract
This chapter addresses two trends developing within the choice-of-law doctrine: the relaxation of the ‘foreign element’ requirement and the advances of the party autonomy principle. Chapter III has pointed to the advancing phenomenon of the increasing rate of cross-border commerce, electronic transactions, and scholarly writings as the reasons for a significant relaxation, or even elimination of the ‘foreign element’ requirement. The traditional presence of this element within the factual basis of any given case can be observed in almost every case of contemporary litigation. This suggests that most situations can be classified as private international law cases that would benefit from choice-of-law analysis. The chapter then considers a series of propositions for the introduction of the party autonomy principle as a governing principle of choice-of-law cases of negotiable instruments.
Conclusion
Authors: Geva Benjamin , Peari Sagi 
Published: January 2021

Abstract
This concluding chapter explains that the harmonization of the choice-of-law rules of negotiable instruments is highly desirable. The fact that the book's comparative findings have revealed a significant difference between the substantive laws of various systems underlies the contemporary significance of the choice-of-law question for negotiable instruments law. Harmonization would lead to more justice and fairness between the litigating parties, enhance the value of predictability, and promote international commerce and business. Moreover, in the contemporary world of increasing mobility of goods, international commerce, cross-border dealings, and the Internet, cases involving ‘international negotiable instruments’ law will only grow.
The United Nations Commission on Human Rights
Authors: Pace John P 
Published: January 2021

Abstract
This book provides the most complete account to date of the UN human rights programme, both in substance and in chronological breadth. The author worked at the heart of this programme for over thirty years, including as the Secretary of the Commission on Human Rights, and Coordinator of the World Conference on Human Rights, which took place in Vienna in 1993. The book traces the issues taken up by the Commission after its launch in 1946, and the methods undertaken to enhance absorption and domestication of international human rights standards. It lays out the special procedures carried out by the United Nations, and the emergence of international human rights law. It then turns to the establishment of the Office of the High Commissioner for Human Rights and the mainstreaming of human rights across the UN system, eventually leading to the establishment of the Human Rights Council to replace the Commission in 2006. Many of the problems we face today, including conflict, poverty and environmental issues, have their roots in human rights problems. This book identifies what has been done at the international level in the past, and points towards what still needs to be done for the future.
The Great Enterprise Gets Underway (1946–1955)
Authors: Pace John P 
Published: January 2021

Abstract
This chapter describes the formation of the Commission on Human Rights following the coming into force of Charter of the United Nations. It then discusses the developments immediately following the launch of the Commission on Human Rights, notably the unsuccessful attempt to maintain an integral, holistic concept of human rights. It describes the role of the Commission in drafting the International Bill of Human Rights during the first seven years of its existence. It dwells on the challenge of maintaining a unitary Convention and the eventual separation of civil and political rights, and economic, social and cultural rights into two Covenants, and the related challenge of implementation. It describes the initial setting up of Sub-Commissions, followed by the emergence of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, and its fluctuating relations with the Commission in the years that followed.
‘All human beings …’ and the Great Enterprise
Authors: Pace John P 
Published: January 2021

Abstract
This chapter explores the relevance of the developments in the Commission on Human Rights to the individual—the ultimate measure by which to assess the priorities in the coming years. The introduction of respect for human rights among the fundamental principles of the organization and the establishment of an International Bill of Human Rights were major distinguishing features between the UN Charter and the Covenant of the League of Nations. These provisions placed the individual at the table where only governments sat in matters of international relations. This ‘third dimension’ of international relations gave the Commission on Human Rights a role and responsibility like no other UN body, of dealing directly with individuals. The chapter then addresses the relationship of the Commission with the individual and civil society. Communication from individuals and groups emerged on two principal channels, almost concurrently. One was the handling of communications whose substance was deemed to be relevant to the work of the Commission as it undertook its drafting responsibilities. The other was the right of individuals and groups to petition as an integral component of the measures of implementation. This was the start of the treaty-based complaints mechanisms.
On the halo-mass and radial scale dependence of the lensing is low effect
Authors: Lange Johannes U , Leauthaud Alexie , Singh Sukhdeep , Guo Hong , Zhou Rongpu , Smith Tristan L , Cyr-Racine Francis-Yan 
Published: January 2021

ABSTRACT
The canonical Lambda cold dark matter (ΛCDM) cosmological model makes precise predictions for the clustering and lensing properties of galaxies. It has been shown that the lensing amplitude of galaxies in the Baryon Oscillation Spectroscopic Survey (BOSS) is lower than expected given their clustering properties. We present new measurements and modelling of galaxies in the BOSS LOWZ sample. We focus on the radial and stellar mass dependence of the lensing amplitude mismatch. We find an amplitude mismatch of around $35{{\ \rm per\ cent}}$ when assuming ΛCDM with Planck Cosmological Microwave Background (CMB) constraints. This offset is independent of halo mass and radial scale in the range Mhalo ∼ 1013.3−1013.9h−1 M⊙ and $r=0.1\!-\!60 \, h^{-1} \mathrm{Mpc}$ ($k \approx 0.05\!-\!20 \, h \, {\rm Mpc}^{-1}$). The observation that the offset is both mass and scale independent places important constraints on the degree to which astrophysical processes (baryonic effects, assembly bias) can fully explain the effect. This scale independence also suggests that the ‘lensing is low’ effect on small and large radial scales probably have the same physical origin. Resolutions based on new physics require a nearly uniform suppression, relative to ΛCDM predictions, of the amplitude of matter fluctuations on these scales. The possible causes of this are tightly constrained by measurements of the CMB and of the low-redshift expansion history.
The loopometer: a quantitative in vivo assay for DNA-looping proteins
Authors: Hao Nan , Sullivan Adrienne E , Shearwin Keith E , Dodd Ian B 
Published: January 2021

Abstract
Proteins that can bring together separate DNA sites, either on the same or on different DNA molecules, are critical for a variety of DNA-based processes. However, there are no general and technically simple assays to detect proteins capable of DNA looping in vivo nor to quantitate their in vivo looping efficiency. Here, we develop a quantitative in vivo assay for DNA-looping proteins in Escherichia coli that requires only basic DNA cloning techniques and a LacZ assay. The assay is based on loop assistance, where two binding sites for the candidate looping protein are inserted internally to a pair of operators for the E. coli LacI repressor. DNA looping between the sites shortens the effective distance between the lac operators, increasing LacI looping and strengthening its repression of a lacZ reporter gene. Analysis based on a general model for loop assistance enables quantitation of the strength of looping conferred by the protein and its binding sites. We use this ‘loopometer’ assay to measure DNA looping for a variety of bacterial and phage proteins.
Association of Incomplete Adherence to Antiretroviral Therapy With Cardiovascular Events and Mortality in Virologically Suppressed Persons With HIV: The Swiss HIV Cohort Study
Authors: Castillo-Mancilla Jose R , Cavassini Matthias , Schneider Marie Paule , Furrer Hansjakob , Calmy Alexandra , Battegay Manuel , Scanferla Giulia , Bernasconi Enos , Günthard Huldrych F , Glass Tracy R ,   Swiss HIV Cohort Study, Anagnostopoulos A , Battegay M , Bernasconi E , Böni J , Braun D L , Bucher H C , Calmy A , Cavassini M , Ciuffi A , Dollenmaier G , Egger M , Elzi L , Fehr J , Fellay J , Furrer H , Fux C A , Günthard H F , Haerry D , Hasse B , Hirsch H H , Hoffmann M , Hösli I , Huber M , Kahlert C R , Kaiser L , Keiser O , Klimkait T , Kouyos R D , Kovari H , Ledergerber B , Martinetti G , Martinez de Tejada B , Marzolini C , Metzner K J , Müller N , Nicca D , Paioni P , Pantaleo G , Perreau M , Rauch A , Rudin C , Scherrer A U , Schmid P , Speck R , Stöckle M , Tarr P , Trkola A , Vernazza P , Wandeler G , Weber R , Yerly S 
Published: January 2021

AbstractBackgroundIncomplete antiretroviral therapy (ART) adherence, even if sufficient to maintain viral suppression, is associated with enhanced inflammation in persons with HIV (PWH). However, its clinical implications remain unknown.MethodsPWH enrolled in the Swiss HIV Cohort Study without a history of cardiovascular disease (CVD) who initiated ART between 2003 and 2018 and had viral suppression (&lt;50 copies/mL) for ≥6 months were evaluated. The association between incomplete self-reported ART adherence (≥1 or ≥2 missed doses in the last month) and (1) any CVD event (myocardial infarction, revascularization, cerebral hemorrhage, stroke, and/or death due to CVD event) or (2) non-CVD-related death was evaluated using adjusted Cox proportional hazards models.ResultsA total of 6971 PWH (74% male) were included in the analysis (median age [interquartile range {IQR}], 39 [32–47] years). The median (IQR) follow-up was 8 (4–11) years, with 14 (8–23) adherence questionnaires collected per participant. In total, 205 (3%) participants experienced a CVD event, and 186 (3%) died a non-CVD-related death. In an adjusted competing risk model where missing data were imputed, missing ≥1 ART dose showed an increased, but not statistically significant, risk for CVD events (hazard ratio [HR], 1.23; 95% CI, 0.85–1.79; P = .28). Non-CVD-related mortality showed a statistically significantly increased risk with missing ≥1 ART dose (HR, 1.44; 95% CI, 1.00–2.07; P = .05) and missing ≥2 ART doses (HR, 2.21; 95% CI, 1.37–3.57; P = .001).ConclusionsIncomplete ART adherence was significantly associated with an increased risk for non-CVD-related mortality in PWH with virologic suppression. This highlights the potential role of nonadherence to ART as a driver of non-AIDS clinical outcomes.
It's a Setup
Authors: Black Timothy , Keyes Sky 
Published: January 2021

Abstract
The norms and expectations of father involvement have changed rapidly within one to two generations. Socially and economically marginalized fathers are being exposed to these messages through popular culture and the media; in state welfare, child protection, and probation offices; in jails, prisons, and post-release programs; and in child support and family courts. Moreover, they are being told that it is up to them to make better choices, to get themselves together, and to be involved fathers. Based on life history interviews with 138 low-income fathers, Black and Keyes show that fathers have internalized these messages and sound determined. After all, there is social worth in fatherhood, hope for creating meaningful lives or new beginnings, the fantasy of leaving something of value behind in the world, and a stake in resisting stigmatizing labels like the deadbeat dad. Most will, however, fall short for several reasons: first, while the expectations for father involvement were increasing, state and economic support for low-income families was decreasing; second, vulnerable fathers often lack viable models to guide them; third, living in dangerous neighborhoods compromises fatherhood and leaves fathers at odds with dominant institutional narratives about being nurturing fathers; and fourth, the dark side of poverty, inscribed on bodies and minds, leaves some struggling with childhood traumas and unhealthy routines to mitigate or numb these painful developmental disruptions. Consequently, the authors assert that without transformative economic, political, and social change that would facilitate and support engaged and nurturing fatherhood, these fathers are being “set up.”
“It’s the Economy, Stupid”
Authors: Black Timothy , Keyes Sky 
Published: January 2021

Abstract
In this chapter, the authors describe the effects that neoliberal economic restructuring has had on the earning potential of men at the bottom of the labor force. Pushed into low-wage full-time employment that falls far short of meeting family needs or into part-time employment, or even out of the labor force, these men struggle to contribute as providers, and as fathers more generally. Financial stress in family relationships has become less episodic and more permanent, while marriage has ceased to be a viable institution in economically unstable social circumstances. The jobless recovery of the early part of the decade and the Great Recession at the end help us to see family vulnerability in a neoliberal context.
Understanding the Socialization of Students with Autism Spectrum Disorder
Authors: Hammel Alice M. , Hourigan Ryan M. 
Published: January 2021

Abstract
Students with autism often are challenged in the area of social skills and social development. This chapter highlights the following areas of concern for students with autism in the music classroom: the fundamentals of social development; socialization strategies in the music classroom; strategies for extending joint attention and eye contact in the music classroom; peer relationships and affective development; and reverse inclusion. Teacher vignettes are included for application examples.
Advocacy for Students with Autism in Music Education
Authors: Hammel Alice M. , Hourigan Ryan M. 
Published: January 2021

Abstract
Music students with autism are frequently placed in music learning environments not conducive to their needs. Music educators must advocate for the most appropriate learning environment for their students. This chapter focuses on establishing relationships with parents, special educators, special education administrators, and classroom teachers to advocate for the most appropriate learning environment. In addition, this chapter focuses on understanding the necessary components of the musical learning environment for students with ASD and reaching out to community organizations for educational support.
The Adaptable Mind
Authors: Zerilli John 
Published: January 2021

Abstract
What conception of mental architecture can survive the evidence of neuroplasticity and neural reuse in the human brain? In particular, what sorts of modules are compatible with this evidence? This book shows how developmental and adult neuroplasticity, as well as evidence of pervasive neural reuse, force a revision to the standard conceptions of modularity and spell the end of a hardwired and dedicated language module. It argues from principles of both neural reuse and neural redundancy that language is facilitated by a composite of modules (or module-like entities), few if any of which are likely to be linguistically special, and that neuroplasticity provides evidence that (in key respects and to an appreciable extent) few if any of them ought to be considered developmentally robust, though their development does seem to be constrained by features intrinsic to particular regions of cortex (manifesting as domain-specific predispositions or acquisition biases). In the course of doing so, the book articulates a schematically and neurobiologically precise framework for understanding modules and their supramodular interactions.
Modules Reconsidered
Authors: Zerilli John 
Published: January 2021

Abstract
In recent decades, neuroscience has challenged the orthodox account of the modular mind. One way of meeting this challenge has been to go for increasingly “soft” versions of modularity, and one version in particular, the “system” view, is so soft that it promises to meet practically any challenge neuroscience can throw at it. But an account of the mind that tells us that the mind can do different things, even interesting things, is not itself necessarily an interesting account. This chapter considers afresh what ought to be regarded as the sine qua non of modularity, and offers a few arguments against the view that an insipid “system” module could be the legitimate successor of the traditional notion.