bluuebunny/crossref_metadata_2025_split huggingface dataset:
Dietary calcium intake and the risk of metabolic syndrome: evidence from observational studies
Authors: Cheng Lixiao , Hu Danqing , Jiang Wenjie 
Published: March 2019

AbstractObjectiveEpidemiological investigations evaluating the association of dietary Ca intake with metabolic syndrome (MetS) risk have yielded controversial results. Therefore, a meta-analysis was conducted to quantitatively summarize the association between dietary Ca intake and the risk of MetS.DesignPubMed, Embase and Web of Science were searched for relevant articles published up to October 2018. The pooled OR and 95 % CI were calculated with a random-effects model.SettingMeta-analysis.ParticipantsNine cross-sectional studies.ResultsA total of nine articles with fifteen studies for dietary Ca intake were finally included in the meta-analysis. The combined OR with 95 % CI of MetS for the highest v. lowest category of dietary Ca intake was 0·80 (95 % CI 0·70, 0·91). For dose–response analysis, a non-linear relationship was found between dietary intake of Ca and risk of MetS (Pnon-linearity<0·001). The threshold for dietary Ca intake was 280 mg/d (OR=0·87; 95 % CI 0·82, 0·93), reducing the risk of MetS by 13 %.ConclusionsThe present meta-analysis suggests that dietary Ca intake might reduce the risk of MetS, which needs to be further confirmed by larger prospective cohort studies.
Perceptions of water and sugar-sweetened beverage consumption habits among teens, parents and teachers in the rural south-western USA
Authors: Hess Julia Meredith , Lilo Emily A , Cruz Theresa H , Davis Sally M 
Published: March 2019

AbstractObjectiveThe present research aimed to describe perceptions and behaviours around the consumption of water and sugar-sweetened beverages (SSB) by youths.DesignA formative, qualitative study which conducted four focus groups. Transcripts were analysed and themes related to reasons youths drink SSB and water, and conversely do not drink SSB and water, were analysed to reveal thematic clusters around sensory factors, environment and policy, access, marketing and role model influences, and health risks.SettingA rural, tri-ethnic community in New Mexico, USA.ParticipantsMiddle- and high-school students, parents and teachers.ResultsAlthough youths and adults were aware of the health risks of soda, they did not translate this information to other SSB, including sports drinks and sweetened tea. Moreover, their perceptions of risks of dyes outweighed their concern with sugar. Youths and adults were aware of water’s health benefits, but they focused on short-term benefits. Youths and adults perceived water as unappealing. Adults were also concerned with water safety and access.ConclusionsThis formative research has implications for decreasing SSB consumption and simultaneously increasing water intake among youths in rural communities. Addressing unique access and safety concerns related to water in rural communities, as well as increasing awareness of the risks of all types of SSB, can work together in a positive feedback loop to change perceptions and behaviours with long-term health consequences. Specific policy suggestions include strengthening school policies to restrict all types of SSB and water promotion efforts that address access, safety and health benefits.
Igorot Squatters and Indian Wards: Toward an Intra-imperial History of Land Dispossession
Authors: McKenna Rebecca Tinio 
Published: March 2019

AbstractThis essay considers two land disputes that took place in the first decade of U.S. rule in the Philippines and that reached the U.S. Supreme Court:Cariño v. Insular Government(1909) andReavis v. Fianza(1909). In arguing their cases, litigants were forced to reckon with the property rights regime of the former Spanish empire. In this regard, the cases affirm the import of inter-imperial frameworks for understanding colonial problems of land ownership and sovereignty. When arguing over the rightful owners of Philippine lands, parties to these cases also drew on the history and legal bases of land dispossession and settler colonialism in the American West. Further, in later decades, the arguments made in one of these cases would figure into legal conflicts over Native American lands. These cases thus suggest the value of also examining intra-imperial relationships, the emphasis of this essay. They demonstrate how histories and legal structures of settler-driven “expansion” and extra-continental colonialism informed, even constituted, each other.
The Brand New Version of Article 301 of Turkish Penal Code and the Future of Freedom of Expression Cases in Turkey
Authors: Algan Bülent 
Published: March 2019

Article 301 of the Turkish Penal Code (TPC), much debated at both national and international levels, has recently been subject to an amendment aimed at clarifying its meaning and averting more distressing cases related to freedom of expression. It should be noted that the former article 301 was an amended version of article 159 of the former TPC of 1926. As Türkan Sancar rightly states in her comprehensive book on both articles 159 and 301, article 159 is an article which has been revised many times. It was amended seven times after coming into effect in 1926 (in 1936, 1938, 1946, 1961, twice in 2002, and 2003). The new TPC was introduced as a package of penal-law reform prior to the opening of negotiations for Turkish membership of the European Union, and came into effect on 1 June 2005. Article 301 stated the following:1.A person who publicly denigrates Turkishness, the Republic or the Grand National Assembly of Turkey, shall be sentenced a penalty of imprisonment for a term of six months to three years.2.A person who publicly denigrates the Government of the Republic of Turkey, the judicial bodies of the State, the military or security organizations, shall be sentenced to a penalty of imprisonment for a term of six months to two years.3.Where denigrating of Turkishness is committed by a Turkish citizen in another country, the penalty to be imposed shall be increased by one third.4.Expressions of thought intended to criticize shall not constitute a crime.
Through the Funhouse Looking Glass: Europe's Ship of States
Authors: Leibfried Stephan , Gaines Susan M. , Frisina Lorraine 
Published: March 2019

La vingtièrne siècle ouvrira I'ére de fédérations ou l'hurnanité recornrnençera un purgatoire de mille ans.The twentieth century will herald the age of federalism, or humanity will enter another thousand years of purgatory.(Pierre- Joseph Proudhon [1809-1865] 1863: 108)Der tiefste Grund für den Aufstieg wie auch für die Gefährdung Europas liegt vielleicht in dieser imrnerwährenden Suche nach der verlorenen, der geahnten und gehofftenaurea aetas, die stets gleich hinter dem Horizont beginnt.The most profound reason for Europe's ascent, as well as for its perilous position, lies in this never-ending search for the lost, the anticipated and hoped for “golden age” that always begins just over the horizon.(Hagen Schulze [born 1943] 1999: 24)Europe cannot and should not be a “superstate”; nor can it be a kind of revival of the European nation state which is threatened by globalisation. Even less can it be a community of post-national deliberators as Jürgen Habermas would have it. Europe should be constructed as an entity of its own which responds to the heterarchical relational logic of fragmentation which characterises postmodernity and globalisation of which it is a part. It cannot be its counterpart. Europe does not need a “constitution”, and it does not need a “people” either.(Karl Heinz Ladeur [born 1943] 2008: 147)It is no semantic accident that the wordgovernmentderives from the Latin word,gubernarewhich means to steer or pilot a ship, and thatgubernarederives from the Greek word for rudder,kybernaei. The ship as pictorial and linguistic metaphor for the state dates back to at least the fifth century B.C., when we find explicit reference to the “whole ship of thepolis” in Aristophanes' (ca. 445–388 B.C.) playThe Wasps, and seems to have maintained a place in the collective Western psyche throughout the millennia.
(Political) Constitutions and (Political) Constitutionalism
Authors: Scott Paul 
Published: March 2019

This paper responds to the conceptual inflation of constitutionalism in recent years by considering the relationship between constitutions and the specific concept of constitutionalism, seeking to establish the limits to the identification of the latter outside its traditional province. It considers both constitutions and constitutionalism in general terms, but seeks in particular to elucidate the relationship between the political constitution and political constitutionalism. This task requires an explanation of the law/politics divide and the paper argues for an institutional distinction between the two concepts, as opposed to one based upon the supposedly distinctive rationalities associated with law and politics. It grafts these categories onto a concept of constitutionalism characterized by a specific functional logic, whereby the same mechanisms that constitute power also limit that power. As such, it argues that to identify constitutionalism in contexts in which constitution and limitation occur separately—as in different layers of a multi-layered constitutional order—is mistaken. Constitutionalism is defined by this distinctive dualism, which in turn grants it its legitimating potential.In light of this definition of constitutionalism, the paper considers the relationship between law and politics within the constitutional order, offering three potential accounts of the connection between them. Amongst these, it endorses the idea that law and politics are necessarily linked: Within the democratic constitution, each frames the other such that legal requirements are the outcome of a political process which itself takes a form determined by law. The two phenomena are therefore inseparable; in a certain sense, all law is politics and all politics is law. The piece ends by suggesting that this claim is true where, and only where, the conditions laid down for constitutionalism hold true. Constitutionalism is a dualist phenomenon which, where it occurs, brings with it a highly particular melding of the legal and the political.
Consequences of Premature Self-Cure: The Lawless Buyer? – A Critical Review of Bundesgerichtshof's Decision of 23 February 2005
Authors: Caspary Tobias 
Published: March 2019

More than three and a half years ago, the German law of obligations, codified in the second of the five books of the German Civil Code (Bürgerliches Gesetzbuch, BGB), underwent its greatest reform since the BGB was enacted on 1 January 1900. The Act to Modernize the Law of Obligations, the Schuldrechtsmodernisierungsgesetz, which came into force on 1 January 2002, dramatically altered the law of obligations. Whereas legal practitioners had almost no time to adapt to the new provisions, at least the German courts were granted a grace period. Nevertheless, by now the first cases involving the modernized law have reached the benches of the Bundesgerichtshof (BGH – Federal Court of Justice).This article deals with “one of the currently most controversially discussed questions” of the law of obligations: Whether a buyer, who cures a product's defect can claim reimbursement for the associated expenses (Aufwendungen) from the seller, without giving the seller an additional period of time for supplementary performance (Nacherfüllung). This manner of bringing the product into conformity with the contract can be described as a premature self-cure (verfrühte Selbstvornahme).
German Constitutional Law and Doctrine on State of Emergency – Paradigms and Dilemmas of a Traditional (Continental) Discourse
Authors: Jakab András 
Published: March 2019

A foreign jurist, on looking into the German literature on constitutional law, will soon and suddenly be struck by a peculiarity of this scholarship: the unusually strong emphasis on a marginal area of constitutional law, namely, the state of emergency. The inquiry is, of course, well-known in other countries, but the passion for, and the theoretical effort expended on, this marginal area is unique to Germany.However, this disinterest on the part of other constitutional lawyers, and the recent decline in interest on Germany's part, could yet change, turning the marginal area into a highly current issue. Combating terrorism raises questions for which the German patterns of argumentation, fine-tuned in the academic debate on the law of state of emergency, may provide a useful framework for discussion. The questions arising in the context of the struggle against terrorism test the limits of positive regulations in extreme situations, leading ultimately to the same underlying dilemma as the law on state of emergency, though with different terminology. In this sense, the constellation of legal issues involved in combating terrorism could be considered as the law on state of emergency “incognito.” However, the various argumentative patterns for law on state of emergency have not yet been directly transferred into the very timely legal discourse on counterterrorism (and no such attempt is made here), but such a transfer of argumentation suggests itself. As such, the topic has a “potential currency,” even if traditional issues of state of emergency themselves no longer count among the most current issues.
Online Dispute Resolution: Consumer Redress in a Global Market Place
Authors: Calliess Gralf-Peter 
Published: March 2019

Online dispute resolution (“ODR”) can be conceived as a means to achieve some of the most powerful legal ideals of the Western legal tradition. Among these are:(1) Legal Certainty: In making individual plans, decisions, and choices everyone is entitled to know what the law is in advance. Therefore, laws shall be public, written in everyday language, and shall not be changed too often. The application of laws shall be a simple operation (legal syllogism) so that citizens do not need attorneys, and judges are just la bouche de la loi (Montesquieu).
The Content of European Citizenship
Authors: Eleftheriadis Pavlos 
Published: March 2019

Many European Union law scholars, commentators and politicians consider the creation of European citizenship by the Treaty of Maastricht an important landmark in the process towards “ever closer union.” By marking a special relationship with the Union itself, citizenship epitomizes the growing maturity of the Union as a political community and not merely an economic project of a single market. Citizenship introduces the first elements of a political, social, and emotional bond between the peoples of Europe and their new Union. Nonetheless, the content of European citizenship remains a puzzle. The rights it grants are very different to those promised by states. When looked at in detail, it fails to match many of the most central elements of citizenship.One of the problems in this area is that there is no single common core of citizenship rights. State citizenship in general marks a special relationship with a political community marked by a bundle of rights and duties, yet that relationship takes many forms.1 Some sociological accounts present a model of citizenship with many componentsdisaggregatedand broken down as overlapping identifications.2 Nevertheless, even these theories presuppose that the primary case of citizenship is some type of special belonging or attachment to a political community. Multiple national or other identities do not challenge the idea of a special attachment to a single set of institutions. In fact, they presuppose it. A theory of citizenship must explain the content of this special bond between the citizens and his or her political community and must explain whether or to what extent such a special bond has moral value sufficient to create moral obligations on those sharing it.3
Conflicts of Competence Norms in EU Law and the Legal Reasoning of the ECJ
Authors: Conway Gerard 
Published: March 2019

AbstractDefining competences in EU law has always been problematic, notwithstanding the inclusion since the Treaty of Maastrict of the principle of conferred powers as central to the constitutional character of the EU. Under the principle of conferral, the Union only has those powers actually conferred by the Treaties. However, the concepts of a common market or of ‘ever-closer Union’ have a conceptual scope that potentially, in effect, negates the principle of conferral. This article argues that the framework of norm conflict offers conceptual insight into the dynamics of determining and limiting EU competence. In particular, it draws on the distinction betweenlex specialisandlex generalisto understand different ways of treating competence norms in legal reasoning. Following a discussion of the concept of competence norms, this conceptual framework is applied to two case studies: (1) on the right to strike and (2) the general law of external relations.
Two Steps Forward, One Step Back: The 2010 Report by the UN Special Representative on Business and Human Rights
Authors: Černič Jernej Letnar 
Published: March 2019

AbstractThe relationship between human rights law and business has emerged in recent years as one of the most topical to be discussed and put on the agenda almost worldwide. The activities of corporations in this globalized environment have often served as the catalyst for human rights violations; due to the lack of institutional protection, some corporations are able to exploit regulatory lacunae and the lack of human rights protection. On 9 April 2010 Professor John Ruggie, the United Nations Special Representative of the Secretary General on human rights and transnational corporations and other business enterprises, submitted his fifth Report under the title “Business and Human Rights: Further steps toward the operationalization of the ‘protect, respect and remedy’ framework.” The objective of this short article is to examine his 2010 report and to establish whether this Report has contributed to clarifying standards in the field of human rights and business.
On Bridging Legal Cultures:The Italian Journal of Public Law
Authors: della Cananea Giacinto 
Published: March 2019

AbstractThe example of the German Law Journal has been very important for the creation of a new legal journal, the Italian Journal of Public Law. First, that example was very persuasive due to the importance of the traditional ties between the German and Italian legal cultures. Second, following that example, unlike most e-journals in the legal field in Italy, the Italian Journal of Public Law devotes considerable attention to theoretical issues. Its goal is essentially to serve as a bridge between legal cultures and this explains the choice of English as the working language. This does not imply, however, a demise of the national tradition, in particular as far as the distinctiveness of public law is concerned. Openness towards other legal cultures implies, rather, an even stronger awareness of the existence of a variety of approaches or methods, in contrast with the faith in “the” legal method, conceived in a unitary way, which characterized part of the last century.
How to Uphold the Territorial Integrity of Ukraine
Authors: Fabry Mikulas 
Published: March 2019

AbstractRussia's absorption of Crimea violated the norm of territorial integrity, which protects states against involuntary loss of territory to other states. This article addresses two different arguments on how to deal with this violation: (1) That Ukraine lost Crimea for good and that this should be acknowledged, both politically and legally, if one seeks to forestall forcible change of interstate boundaries elsewhere; and (2) that third party countermeasures against Russia can roll back its territorial gains in Ukraine, but only if they are much more materially robustthanthey have been so far. Whilemutually incompatible, the arguments raise an important issue—how to uphold international legal norms in particular situations—an issue to which scholars of international law do not pay much detailed attention. Yet doing so is important because international legal norms leave governments with wider decision-making discretion than is commonly presumed, and different ways of upholding a norm are predisposed to generate different effects, including legal effects. Having examined the two approaches, the article argues that the best way to uphold the territorial integrity of Ukraine is by staking a middle ground between them, placing emphasis on the policy of non-recognition.
Sovereignty and Crimea: How Referendum Democracy Complicates Constituent Power in Multinational Societies
Authors: Tierney Stephen 
Published: March 2019

AbstractThis article examines the specific issue of the referendum as an instrument in the reordering of territory, specifically in the context of the secession of Crimea from Ukraine. The article maps how in recent decades independence referendums have proliferated and considers how the Crimean situation exposes the deep pathology of uncertainty in international law and its understanding of self-determination, exposing the referendum as a dangerous outlier. The principle of democracy, present already in the context of Kosovo's unilateral independence, and which forced the hand of Canada and the UK to accommodate secessionist aspirations, is a growing feature of international legal discourse, and one which suggests that the referendum is likely to remain a potential trump card to which nationalists will appeal to overcome both constitutional impediments and the black hole of international law in the path toward statehood.
Territorial Conflict and Territorial Rights: The Crimean Question Reconsidered
Authors: Banai Ayelet 
Published: March 2019

AbstractThis article focuses on contemporary theories of territorial rights in political and legal philosophy and explores their implications for the case of Crimea, focusing on three main accounts of territorial rights: Liberal nationalist, Lockean, and Kantian. The article advances the legal-political account of the “people” and its territorial rights as a promising approach to theorizing the corporate agents that have potentially valid territorial rights and claims. While normative theory does not yield a single unequivocal judgment that identifies one claimant as the solely justified territorial right-holder in Crimea, the application of general principles of territorial rights theory can help identify the pertinent considerations for the case, which clarify the normative implications of each potential resolution. While no party has an absolutely just territorial claim to Crimea, this article offers a qualified defense of the existence of a distinct “Crimean people,” defined by the distinct political history of Crimea and its long-standing legacy of autonomous legal-political institutions, which may constitute a shared political project for the culturally diverse population.
Recent Golden Share Cases in the Jurisprudence of the Court of Justice of the European Union
Authors: Szabados Tamás 
Published: March 2019

AbstractIn several golden share cases, the Court of Justice of the European Union (the “Court”) condemned Member States for reserving certain special rights in privatized companies for themselves. In spite of the Court's consistently strict approach in the golden share cases, the more recent golden share judgments demonstrate that the Court's practice is not free from uncertainties. In its case law, the Court seems to hesitate between the application of the freedom of establishment and the free movement of capital. Additionally, it is not entirely clear which measures are caught by provisions on the freedom of establishment and the free movement of capital.