bluuebunny/crossref_metadata_2025_split huggingface dataset:
From the Covenant to the Charter
Authors: Akindele R.A. 
Published: May 2019

The simultaneous application of the principles of universality and regionalism to the organization of international peace and security has naturally created the political and constitutional problems of how to secure a workable and appropriate relationship between universal and regional organizations. It is a paradox of the twentieth century that while world peace like war has tended to become indivisible, international organization of security remains tied to the principle of division and imperfect coordination of responsibility between universal and regional instrumentalities.This article deals with the constitutional solutions adopted by the founders of the League of Nations and the United Nations to the problem of universal-regional relationship in international organization. Placing international constitution-making squarely within the context of the dynamic forces of international politics, the study identifies those political considerations bearing on the formulation of the constitutional relations between universal and regional organizations in both the League Covenant and the United Nations Charter. In addition, it emphasizes the important fact that the constitutional problems of international organization are inextricably related to the substantive problems of international politics.
Prospective Revision of Precedent
Authors: Tedeschi G. 
Published: May 2019

Innovations in case law have traditionally always had retroactive effect also, first on the case in question, and therefore on past conduct, and then, to the extent that authority attaches to the precedent or it is at least followed in practice, on other cases subsequently heard, although the conduct involved here also preceded the declaration of the new rule. Justice Holmes, in a dissenting opinion of 1910, wrote: “I know of no authority in this case to say that in general state decisions shall make law only for the future. Judicial decisions have had retrospective operation for near a thousand years”.It is fairly certain that Justice Holmes had the Common Law world in mind, but the picture would not be different if we looked at the situation elsewhere. In France as well, for instance, the rétroactivité des nouvelles jurisprudences has been considered as une infirmité du système jurisprudentiel.Nevertheless, it is a fact that the situation excites some consternation among lawyers and the public, which is particularly strong in those matters where retroactivity is singularly severe in its effects and the legislature normally refrains from imposing it, although not forbidden to do so under constitutional principles (laws being interpreted and applied non-retroactively in the absence of any express provision in this regard) and in those instances where there was reliance, explicit or presumed, by the parties on the rule which is subsequently abandoned.
The Suspended Sentence: Israel's Experience
Authors: Enker Arnold 
Published: May 2019

In the suspended sentence, or as it is sometimes called, the conditional sentence, the defendant does not serve a sentence upon conviction. Service of sentence is postponed for a period of time. Whether the defendant actually will serve any sentence depends upon whether he abides by the conditions of postponement or suspension. Typically, the condition is that he shall refrain from committing additional crimes, sometimes without limitation, sometimes of a specified class.There exists in the literature considerable debate over the value of the suspended sentence as a penal device, with the harshest criticsm coming from the Anglo-Saxon countries which share a strong preference for probation. Israel stands somewhere between these poles. While the legal tradition bequeathed her upon emerging into independence was Anglo-Saxon, she has, ever since, sought wisdom in other traditions as well, with the result that Israeli legislation has on occasion produced interesting and unique devices. The suspended sentence is, in my view, a case in point, worthy of being made known to a wider audience.
Codification and Consolidation of the Law at the Present Time
Authors: Tallon Denis 
Published: May 2019

Law reform is now under consideration in most countries of the world and practically everywhere, the problem of the instruments of this reform arises: should the reform be carried out by the decisions of judges or by statute, and if by statute, must such law be codified?Common law countries are both attracted and at the same time frightened by codification. This may well be the situation here in Israel, where the common law tradition is still deeply rooted but where there is also a certain tradition in favour of codification.At any rate, the subject cannot be treated today as it would have been a century ago. The old controversies about the usefulness of codification in the abstract are out of fashion. In England, the fierce attacks of Jeremy Bentham against the common law—“dog law”—have had no influence on the development of English law. On the continent, Savigny and the German Historical School did not prevent the progressive codification of German law nor the adoption in the other countries throughout the nineteenth century of codes inspired by the French model.
Readable Insurance Policies: Judicial Regulation and Interpretation
Authors: Procaccia Uriel 
Published: May 2019

Insurance policies are interpreted, as a rule, in favour of the insured. Several rationales have been used to justify the practice. One recurring explanation centres around the poor readability level of insurance contracts. The following judicial comment, though more colourful than most, is typical:Forms of applications and policies (like those used in this case), of a most complicated and elaborate structure, were prepared, and filled with covenants, exceptions, stipulations, provisions, rules, regulations, and conditions, rendering the policy void in a great number of contingencies. These provisions were of such bulk and character that they would not be understood by men in general, even if subjected to a careful and laborious study: by men in general, they were sure not to be studied at all. The study of them was rendered particularly unattractive, by a profuse intermixture of discourses on subjects in which a premium payer would have no interest. The compound, if read by him, would, unless he were an extraordinary man, be an inexplicable riddle, a mere flood of darkness and confusion. Some of the most material stipulations were concealed in a mass of rubbish, on the back side of the policy and the following page, where few would expect to find anything more than a dull appendix, and where scarcely any one would think of looking for information so important as that the company claimed a special exemption from the operation of the general law of the land relating to the only business in which the company professed to be engaged. As if it were feared that, notwithstanding these discouraging circumstances, some extremely eccentric person might attempt to examine and understand the meaning of the involved and intricate net in which he was to be entangled, it was printed in such small type, and in lines so long and so crowded, that the perusal of it was made physically difficult, painful, and injurious. Seldom has the art of typography been so successfully diverted from the diffusion of knowledge to the suppression of it.
The Law of Laws
Authors: Tedeschi G. 
Published: May 2019

It is natural for the Israeli legislature to endeavour to free itself of the Laws that were enacted in this country before the establishment of the State and which are still in force. The legislature cannot, however, fulfil this task without first resolving whether the abrogation of these Laws should be effected by simple annulment or by replacement with other laws (and in that event within which framework). The problem is laden with responsibility when fundamentals — such as certain rules incorporated in the Palestine Order-in-Council, the “remnants of the Mejelle” and the Interpretation Ordinance — are involved which affect the entire legal system and give it its special character. Moreover, the one problem leads to another: incidental to annulment and replacement, the need for complete regulation may present itself, including aspects not previously regulated in a direct, express and sure manner.Rules which belong to a category that can be designated as the “Law of Laws” (“Laws” taken in the sense of all law and not merely statute) are in question. As opposed to others (which are “material” since they attach legal consequences to given facts of life), these rules concern the sources, the effect, the application and the construction of other laws.
Administrative Contracts
Authors: Shalev Gabriela 
Published: May 2019

In recent years there has been a constant increase in the number and significance of administrative contracts, that is, contracts to which the public administration is a party. Contracts between private individuals and government are a daily occurrence. Such contracts are essential to the performance of the executive's various actions and functions, and apart from their practical importance, they raise theoretical questions.From a philosophical point of view, an administrative contract can be considered as a contract in which a person is party to a contract with himself, since the State embodies the entire community of its citizens.The subject of administrative contracts has so far not received sufficient legal-academic attention. Discussion of this issue becomes more and more essential with the rapid increase of administrative contracts regulating complex transactions.Another spreading phenomenon which is closely linked to administrative contracts is administrative promises (when such promises do not crystalize into administrative contracts).The first problem arising in connection with administrative contracts and promises is the question of the substantive law to be applied. The problem of the substantive law gives rise to secondary problems as to legal remedies and jurisdiction.It appears that administrative contracts are to be governed by one of three systems of rules: contract law, administrative law or a system which combines elements of the two systems.However, no solution is clear-cut. The applcation of the law of contract causes a confrontation between the fundamental principles of the law of contract, mainly the principles of freedom of contract and sanctity of contract, and the needs of the administration, the powers of the sovereign and its duties.
Regional variations in family size in the Republic of Ireland
Authors: Coward John 
Published: May 2019

SummaryDate from the Census Fertility Reports are used to investigate social and regional variations in family size in the Republic of Ireland. Although Ireland is noted for its high level of fertility, average family size declined by approximately 10% between 1946 and 1971. There are distinct socioeconomic variations in family size in that Roman Catholic family size is greater than that of non-Catholics and the middle classes have the smallest families within each of the religious groups. There are also marked regional differences in family size. In 1946, there was a clear division between the west coast counties with the largest families and the east coast conties with the smaller families. By 1961 and 1971 this pattern had become less clearly demarcated and areas with relatively large families were found in most parts of the country. It is suggested that regional variations in family size can be influenced by a variety of factors, such as differences in religious affiliation, occupation, infant mortality and the degree of selection through emigration. Of these factors, it is found that in both 1946 and 1971 variations in occupation were most strongly related to family size and it appears that economic and occupation changes within Ireland have brought about the changing regional pattern of family size.
The continuing fertility decline in Sri Lanka
Authors: Fernando Dallas F. S. 
Published: May 2019

SummaryThis paper examines the continuation from 1971 to 1975 of the fertility decline in Sri Lanka that commenced in 1960. New trends in contractive practice, especially of female sterilizations in 1974–76, are discussed, and change in the pattern of childbearing is identified. The fertlity decline is compared with that in Taiwan.
Rapid divergence, molecular evolution, and morphological diversification of coastal host-parasite systems from southern Brazil
Authors: Bueno-Silva Marlus , Boeger Walter A. 
Published: May 2019

AbstractThis study assessed the role of historical processes on the geographic isolation, molecular evolution, and morphological diversification of host-parasite populations from the southern Brazilian coast. Adult specimens ofScleromystax barbatusandScleromystax macropteruswere collected from the sub-basin of the Nhundiaquara River and the sub-basin of the Paranaguá Bay, state of Paraná, Brazil. Four species ofGyrodactyluswere recovered from the body surface of both host species. Morphometric analysis ofGyrodactylusspp. andScleromystaxspp. indicated that subpopulations of parasites and hosts could be distinguished from different sub-basins and locations, but the degree of morphological differentiation seems to be little related to geographic distance between subpopulations. Phylogenetic relationships based on DNA sequences ofGyrodactylusspp. andScleromystaxspp. allowed distinguishing lineages of parasites and hosts from different sub-basins. However, the level of genetic structuring of parasites was higher in comparison to host species. Evidence of positive selection in mtDNA sequences is likely associated with local adaptation of lineages of parasites and hosts. A historical demographic analysis revealed that populations ofGyrodactylusandScleromystaxhave expanded in the last 250 000 years. The genetic variation of parasites and hosts is consistent with population-specific selection, population expansions, and recent evolutionary co-divergence.
Sleep problems and associations with psychopathology and cognition in young people with 22q11.2 deletion syndrome (22q11.2DS)
Authors: Moulding H. A. , Bartsch U. , Hall J. , Jones M. W. , Linden D. E. , Owen M. J. , van den Bree M. B. M. 
Published: May 2019

AbstractBackgroundYoung people with 22q11.2 deletion syndrome (22q11.2DS) are at high risk for neurodevelopmental disorders. Sleep problems may play a role in this risk but their prevalence, nature and links to psychopathology and cognitive function remain undescribed in this population.MethodSleep problems, psychopathology, developmental coordination and cognitive function were assessed in 140 young people with 22q11.2DS (mean age = 10.1,s.d.= 2.46) and 65 unaffected sibling controls (mean age = 10.8,s.d.SD = 2.26). Primary carers completed questionnaires screening for the children's developmental coordination and autism spectrum disorder.ResultsSleep problems were identified in 60% of young people with 22q11.2DS compared to 23% of sibling controls (OR 5.00,p< 0.001). Two patterns best-described sleep problems in 22q11.2DS: restless sleep and insomnia. Restless sleep was linked to increased ADHD symptoms (OR 1.16,p< 0.001) and impaired executive function (OR 0.975,p= 0.013). Both patterns were associated with elevated symptoms of anxiety disorder (restless sleep: OR 1.10,p= 0.006 and insomnia: OR 1.07,p= 0.045) and developmental coordination disorder (OR 0.968,p= 0.0023, and OR 0.955,p= 0.009). The insomnia pattern was also linked to elevated conduct disorder symptoms (OR 1.53,p= 0.020).ConclusionsClinicians and carers should be aware that sleep problems are common in 22q11.2DS and index psychiatric risk, cognitive deficits and motor coordination problems. Future studies should explore the physiology of sleep and the links with the neurodevelopment in these young people.
Default mode dysfunction underpins suicidal activity in mood disorders
Authors: Malhi Gin S. , Das Pritha , Outhred Tim , Bryant Richard A. , Calhoun Vince , Mann J. John 
Published: May 2019

AbstractBackgroundSuicide is a serious and not uncommon consequence of mood disorders that occurs primarily when individuals are depressed. Understanding the neurobiology of suicidal activity (thoughts or behaviors) is likely to facilitate prevention.MethodSeventy-nine adult depressed mood disorder patients (MDP), of which 25 had attempted suicide at least once, and 66 healthy controls (HC) participated in this study. Resting-state functional MRI was used to identify neural activity differences between suicide attempters (SA) and non-attempters (NA). Specifically, differences were examined in functional connectivity both within and between four large cognitive networks [Executive Control (ECN), Default Mode (DMN), Salience (SN), and Basal Ganglia (BGN)] and their respective associations with suicidal activity.ResultsCompared to HCs, patients had greater posterior DMN activity, but less activity in the BGN, and less low-frequency spectral power in the dorso-medial DMN. Furthermore, increased posterior DMN activity in SA was associated with recent suicidal activity, whereas NA had reduced BGN activity and less dorso-medial DMN spectral power, the latter being associated with lifelong suicidal thinking. SA also had greater activity in midline circuitry compared to both HC and NA, and the pattern of BGN and DMN co-activity differed between SA and NA.ConclusionsDMN engagement raises the possibility that suicidal activity in mood disorder patients may be a consequence of impaired self-referential thought processing. Furthermore, differential BGN and DMN co-activation according to suicide attempt status suggests that attempting suicide perhaps alters cognitive flexibility. These insights are potentially useful for understanding the neural basis of suicide activity.
Phytotoxic Effect of Decaying Quackgrass (Agropyron repens) Residues
Authors: Toai T. V. , Linscott D. L. 
Published: May 2019

We studied the effects of temperature (5, 10, 20, and 30 C) on the phytotoxic activity of decaying quackgrass [Agropyron repens (L.) Beauv.] leaves and rhizomes that were incubated in soils for 0, 1, 2, 4, and 6 weeks. Alfalfa (Medicago sativa L.) seeds were grown for 96 h in water, water extracts of control soils, and water extracts of soil with quackgrass rhizomes or leaves. Dried quackgrass rhizomes and leaves contained water-soluble toxins that inhibited alfalfa seedling development and growth. There was a strong interaction between incubation time and temperature on the development of additional toxins by decomposing quackgrass. High incubation temperature (30 C) accelerated toxin formation and ultimate decay. Intermediate temperature (20 C) delayed toxin formation and decay. Low incubation temperatures (5 C and 10 C) prevented formation of additional toxin. In all extracts of quackgrass and soil that had been incubated for 6 weeks, normal alfalfa seedling number equaled that in water. However, seedling growth varied with incubation temperatures.Treatment of quackgrass with glyphosate [N-(phosphonomethyl) glycine] in the greenhouse did not influence the toxicity of decaying quackgrass leaves. The highest toxic effect was noted after 1 week of decay on the soil surface.
LE RADICI DEL FRAZIONISMO E IL VOTO DI PREFERENZA
Authors: Pasquino Gianfranco 
Published: May 2019

IntroduzioneIl dibattito sul rapporto fra proporzionalismo come sistema elettorale all'interno dei partiti e proliferazione di correnti (o fazioni) all'interno degli stessi partiti ha toccato finora, come era inevitabile e giusto, una gamma di argomenti molto piú vasta della semplice influenza di un tipo di sistema elettorale sulla formazione della leadership nei partiti. Ma le prime differenze sono subito chiare. Infatti, mentre Sartori imputa sostanzialmente i mali del nostro sistema politico proprio all−incapacità dei due partiti piú grossi della coalizione di centro-sinistra di eleggere una leadership solida e in grado di imporre le scelte governative alle frazioni di minoranza, Passigli sembra sottolineare piuttosto le caratteristiche di funzionalità del sottosistema di frazioni per il nostro sistema politico che rischierebbe di crollare se esse venissero bruscamente cancellate, e Giovanna Zincone rileva a sua volta come le frazioni dato (e non concesso2 a mio avviso) che abbiano aumentato la conflittualità intrapartitica, purtuttavia « hanno ridotto la conflittualità interpartitica, non in termini di competizione elettorale, ma sotto il profilo dell−immagine che il partito offre agli aderenti dei partiti avversari ».
LA DEMOCRAZIA PROCEDURALE
Authors: Dahl Robert A. 
Published: May 2019

IntroduzioneSe si accettano certi requisiti minimi di un'associazione di esseri umani, si deve anche accettare — sosterrò in questo saggio — la ragionevolezza di certi criteri per valutare come quell'associazione si governa. Tali criteri riguardano le procedure democratiche, e un'associazione che li soddisfi tutti sarà pienamente democratica nelle sue procedure.
LE ELEZIONI DEL 1977 E LE PROSPETTIVE DELLA NUOVA DEMOCRAZIA IN GRECIA
Authors: Agosta Antonio 
Published: May 2019

IntroduzioneLa vita politica greca è sempre stata molto travagliata, in particolare negli ultimi quarant'anni. Sottoposta al regime fascista di Metaxas nel 1936, aggredita per ironia della sorte da un altro paese fascista, l'Italia, nel 1940 e successivamente occupata dai nazisti, la Grecia conobbe l'esperienza di una lunga guerra di resistenza, condotta dal Fronte di liberazione nazionale (EAM) costituito e guidato in prevalenza da comunisti. Dopo la liberazione avvenuta nel 1944, il paese visse l'esperienza traumatica della guerra civile, dovuta da un lato all'esigenza degli inglesi e delle forze di destra di estromettere completamente dal potere il partito comunista e TEAM e dall'altro alla volontà dei comunisti di riprendere il controllo di una situazione divenuta per loro inaccettabile, malgrado avessero contribuito, con gli accordi di Caserta e di Varkiza, a far subentrare di fatto il governo monarchico e le forze britanniche nella conduzione della gestione politica.
LA SINISTRA NEI SISTEMI PARTITICI EUROPEI (1917–1978): UNA ANALISI COMPARATA DELLA SUA DIMENSIONE E COMPOSIZIONE E DEI PROBLEMI DI SVILUPPO ELETTORALE
Authors: Bartolini Stefano 
Published: May 2019

IntroduzioneNella sua originale analisi dello sviluppo storico della struttura dei sistemi partitici europei Stein Rokkan sottolinea che la frattura di classe originata dalla rivoluzione industriale è quella che ha reso i sistemi partitici europei piú simili tra loro per quanto riguarda il «paesaggio» partitico. Infatti, se «la maggior parte della variazione tra i sistemi» può essere interpretata in base alla natura dei cleavages preindustriali, i cui decisivi contrasti hanno modellato la costellazione partitica di ogni sistema nazionale, la presenza pressoché ovunque di partiti socialisti e comunisti costituisce il piú evidente tratto comune degli stessi sistemi partitici europei.
ANALISI ECOLOGICA DEL VOTO DEL MSI-DN ALLE ELEZIONI POLITICHE DEL 20 GIUGNO 1976
Authors: Bartolini Barbara 
Published: May 2019

IntroduzioneL'elemento che piú di ogni altro ha caratterizzato la consultazione elettorale del 20 giugno 1976 è stato il forte aumento della polarizzazione dei suffragi intorno ai due partiti principali, DC e PCI, e, soprattutto, la forte avanzata del secondo che in una sola tornata elettorale ha registrato un incremento di poco inferiore alla somma di quelli registrati tra il 1946 e il 1972. Di conseguenza, l'attenzione dei commentatori che in questi ultimi tre anni si sono occupati dell'argomento è andata quasi esclusivamente a questi due protagonisti della vita politica italiana, e poco agli altri partiti.