bluuebunny/crossref_metadata_2025_split huggingface dataset:
Rascals, Scoundrels, Villains, and Knaves: The Evolution of the Law of Piracy from Ancient Times to the Present*
Authors: Fantauzzi Rebecca 
Published: March 2019

AbstractThis paper begins by tracking the history of piracy from Greek and Roman times, to the Golden Age of piracy, into modern day. It also looks at the motivations for becoming a pirate and the “piracy cycle.” The paper then moves into a discussion of how piracy has influenced the law, such as its impact on Universal Jurisdiction and international treaties like the UN Convention on the Law of the Sea; however, a stable definition of what constitutes “piracy” has become troublesome, even with the abundance of legal sources related to the subject. The paper then moves into a discussion of three US court cases dealing with the issue of piracy: the first from the Golden Age of piracy, the second in the early part of this century showing how piracy is not always prosecuted in the traditional sense, and finally with the case of the famous pirate the US Navy SEALS captured during the rescue of Captain Richard Phillips of theMaersk Alabama.Finally, the paper concludes the discussion using the modern day situation of Somalia to show how the “piracy cycle” is still capable of explaining what draws people to piracy, how that particular situation has been combated by the international community, and how neighboring countries, like Kenya, are using their own court systems to the advantage of the rest of the world.
Adequacy of national laws for Malaysian ocean governance for the next decade†
Authors: George Mary 
Published: March 2019

AbstractCurrent sectoral practices in ocean governance are insufficient to meet the needs of the next decade where the safety and security of navigation in clean and healthy oceans is a priority without compromising the political independence, integrity and security of the nation. The Ocean Law, Policy and Strategic Framework in Malaysia can be said to be a journey of a 1000 miles of which we have currently embarked on a few steps. There are many factors that play an important role in ocean governance such as government commitment, and institutional and human resource capacity. This paper identifies the lacunae in current legal framework and concludes with some pointers for ocean governance purposes to avoid irreversible trends. For the next decade, one way forward to sustainably develop the living resources of the oceans lies in the adoption of an eco-system based approach to oceans management and for the rest of the challenges a cross-sectoral approach may prove effective.
Citing Sources or Mitigating Plagiarism: Teaching Law Students the Proper Use of Authority Attribution in the Digital Age
Authors: Spearman DeCarlous Y. 
Published: March 2019

Learning the rules of legal citation is a challenge for new and seasoned legal researchers alike. Good instruction and practice are required to master these rules. Think about the first sport you learned to play. Did you master all the rules the first time you played the game? Do most people even read a rule book when learning to play a new sport? Initially, it is a challenge for any player learning the game to follow all of the rules correctly. Generally, only coaches study the rule book. The rules of the game are very important so coaches and players know what is and is not permitted “on the field.”Most rules are disseminated orally and learned through practice. Law professors who teach legal research or supervise legal writing are the coaches in the game of legal citation; they must disseminate the rules to their students. The professors have a duty to stimulate a student's mastery of legal citation rules to meet the proficiency required of legal writing in the profession. Law students who do not master the rules of legal citation are more likely to plagiarize.
The Impact of International Law on Domestic Judgments: The Influence of the Inter-American Court Of Human Rights in the Rulings of the Argentinean Supreme Court Regarding Crimes Against Humanity
Authors: Allori Agostina 
Published: March 2019

Good afternoon. I would like to thank the International Association of Law Libraries, the organizing committee and especially Gloria Orrego Hoyos for the invitation. It is a real pleasure and honor for me to be here.Today I will talk about the influence of the Inter-American Court of Human Rights in the rulings of Argentina's Supreme Court. I will focus particularly on the importance that the Argentinian Supreme Court gave to the Inter-American Court in the most significant decisions during the process of reopening cases of crimes against humanity.
The British Constitution and the Movement for a Modern Bill of Rights
Authors: Shroff Kersi B. 
Published: March 2019

It took the incisive pen of H.G. Wells to provide a simple understanding of the diffuse and arcane British constitution:Nobody planned the confounded constitution. It came about; … but you see it came about so happily in a way, it so suited the climate and temperament of our people and our island, it was on the whole so cosy, that our people settled down into it. You can't help settling down into it.The purpose of this paper is to briefly look at some aspects of the constitution that the British “settled down into” and to examine arguments calling for the incorporation of a written declaration of individual rights.
The Influence of the West German Constitution on the Legal System of the Country
Authors: Goedan Juergen Christoph 
Published: March 2019

Article 1 of the Basic Law the Constitution of the Federal Republic of Germany, reads as follow:
“(1)The dignity of man shall be inviolable. To respect and protect it shall be the duty of all state authority.(2)The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world.(3)The following basic rights shall bind the legislature, the executive and the judiciary as directly enforceable law.”This article answers, in a nutshell, all the questions one might raise regarding the influence of a constitution on the legal system of a country.
Unresolved and Unresolvable? Tensions in the Refugee Regime
Authors: Bradley Megan 
Published: March 2019

AbstractWorldwide, growing numbers of refugees are pushed from their homes. At the same time, fewer and fewer are able to access so-called “durable solutions” to their displacement. This has prompted a flurry of efforts to repair the foundering refugee regime. Many such efforts attempt, implicitly or explicitly, to resolve tensions between legal principles, moral duties, and national interests surrounding refugees. As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay questions the drive toward oversimplification that has characterized these debates, recognizing that some such tensions are “baked into” the problem of refugeehood. While debates have typically focused on the obligation to admit refugees, and on “responsibility sharing,” I advance the conversation by exploring how law, morality, and national interests are entangled in efforts to support durable solutions for refugees, focusing on voluntary repatriation. What does recognition of the intrinsic and in some senses irreconcilable tensions in the refugee regime mean for efforts to support solutions? I argue that advancing durable solutions, however imperfect, for refugees does not mean definitively overcoming these tensions, but rather navigating them to identify context-specific opportunities to reposition refugees as full and equal citizens as a critical step toward reducing their precarity.
Secessionist Conflict: A Happy Marriage between Norms and Interests?
Authors: Biermann Rafael 
Published: March 2019

AbstractAs part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay argues that the policy field of secessionist conflict is structured around a set of five rival norms. The norms of territorial integrity and self-determination form the core of this structure, while the norms of noninterference in internal affairs, human and minority rights, and democracy and good governance each come into play depending on the specific scenario. This configuration permits the parties involved in a secessionist conflict to select from a menu of norms the ones that best suit their interests. Norm selection—a concept that I introduce here—displays remarkable regularities, indicating default positions for each type of actor: home states, secessionist groups, entrapped minorities, patrons, and the broader international community. However, significant outlier cases signal that interests do not simply trump norms but that actors accord different values to those norms over time. This attribution is influenced by the dynamics of a normative environment in which norms rise and fall. In particular since the end of the Cold War, discourse as well as state practice has shifted away from the traditional taboo on secession toward more revisionist concepts, such as remedial secession or earned sovereignty, providing an opening for the secessionist wave that started with the breakup of the Soviet Union and of Yugoslavia.
Humanitarian Diplomacy: The ICRC's Neutral and Impartial Advocacy in Armed Conflicts
Authors: Slim Hugo 
Published: March 2019

AbstractAs part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay describes the humanitarian diplomacy of the International Committee of the Red Cross (ICRC) by comparing it conceptually with other forms of advocacy and illustrating it with the ICRC's recent experience in the Yemen crisis. Humanitarian diplomacy is examined as one particular way of balancing legal norms, moral values, and national interests in the pursuit of greater respect for international humanitarian law (IHL) and principled humanitarian action in armed conflicts. The essay looks back to ancient history for archetypal forms of humanitarian advocacy in various cultural traditions. It then describes humanitarian diplomacy's practice of discreet diplomacy and confidential dialogue with all parties to a conflict, and compares its relatively “quiet” approach with the “loud” approach of outrage activism focused on “naming and shaming,” which tends to be the norm today. The essay argues that there is an important and complementary place for the ICRC's style of humanitarian diplomacy alongside other forms of advocacy even in the face of criticism that the ICRC is sometimes publicly silent about what it knows of atrocities and avoids naming and shaming.
The transmission dynamics of Campylobacter jejuni among broilers in semi-commercial farms in Jordan
Authors: Neves M. I. , Malkawi I. , Walker M. , Alaboudi A. , Abu-Basha E. , Blake D. P. , Guitian J. , Crotta M. 
Published: March 2019

AbstractCampylobacter is the leading cause of foodborne bacterial gastroenteritis in humans worldwide, often associated with the consumption of undercooked poultry. In Jordan, the majority of broiler chicken production occurs in semi-commercial farms, where poor housing conditions and low bio-security are likely to promote campylobacter colonisation. While several studies provided estimates of the key parameters describing the within-flock transmission dynamics of campylobacter in typical high-income countries settings, these data are not available for Jordan and Middle-East in general. A Bayesian model framework was applied to a longitudinal dataset on Campylobacter jejuni infection in a Jordan flock to quantify the transmission rate of C. jejuni in broilers within the farm, the day when the flock first became infected, and the within-flock prevalence (WFP) at clearance. Infection with C. jejuni is most likely to have occurred during the first 8 days of the production cycle, followed by a transmission rate value of 0.13 new infections caused by one infected bird/day (95% CI 0.11–0.17), and a WFP at clearance of 34% (95% CI 0.24–0.47). Our results differ from published studies conducted in intensive poultry production systems in high-income countries but are well aligned with the expectations obtained by means of structured questionnaires submitted to academics with expertise on campylobacter in Jordan. This study provides for the first time the most likely estimates and credible intervals of key epidemiological parameters driving the dynamics of C. jejuni infection in broiler production systems commonly found in Jordan and the Middle-East and could be used to inform Quantitative Microbial Risk Assessment models aimed to assess the risk of human exposure/infection to campylobacter through consumption of poultry meat.
Annual relative increased in inpatient mortality from antimicrobial resistant nosocomial infections in Thailand
Authors: Phodha T. , Riewpaiboon A. , Malathum K. , Coyte P. C. 
Published: March 2019

AbstractAntimicrobial resistance is a major health threat worldwide as it brings about poorer treatment outcome and places economic burden to the society. This study aims to estimate the annual relative increased in inpatient mortality from antimicrobial resistant (AMR) nosocomial infections (NI) in Thailand. A retrospective cohort study was conducted at Ramathibodi Hospital, Bangkok, Thailand, over 2008–2012. Survival model was used to estimate the hazard ratio of mortality of AMR relative to those patients without resistance (non-AMR) after controlling for nine potential confounders. The majority of NI (73.80%) were caused by AMR bacteria over the study period. Patients in the AMR and non-AMR groups had similar baseline clinical characteristics. Relative to patients in the non-AMR group, the expected hazard ratios of mortality for patients in the AMR group with Acinetobacter baumannii, Escherichia coli, Pseudomonas aeruginosa and Staphylococcus aureus were 1.92 (95% CI 0.10–35.52), 1.25 (95% CI 0.08–20.29), 1.60 (95% CI 0.13–19.10) and 1.84 (95% CI 0.04–95.58), respectively. In the complete absence of AMR bacteria, this study estimated that annually, in Thailand, there would be 111 295 fewer AMR cases and 48 258 fewer deaths.
Screening for Epstein–Barr virus (EBV) infection status in university freshmen: acceptability of a gingival swab method
Authors: Grimm-Geris J. M. , Dunmire S. K. , Duval L. M. , Filtz E. A. , Leuschen H. J. , Schmeling D. O. , Kulasingam S. L. , Balfour H. H. 
Published: March 2019

AbstractProphylactic vaccines against Epstein–Barr virus (EBV) are under development. EBV-naïve college freshmen are ideal candidates for an efficacy trial, because their incidence of infectious mononucleosis (mono) during freshman year is as high as 20%. To assess perceptions about mono and a mono vaccine, and to learn if EBV immune status could be determined using a gingival swab rather than phlebotomy, we performed a cross-sectional study of 235 healthy students at the beginning of their freshman year. Subjects completed questionnaires and donated oral washes, gingival swabs and venous blood. Overall, 90% of students found the swab easy to use and 80% preferred the swab over venepuncture. Of the 193 students with sufficient samples, 108 (56%) had EBV antibodies in bloodvs.87 (45.1%) in the gingival swab. The sensitivity and specificity of the swab compared with blood for detecting EBV antibodies was 75.9% and 94.1%, respectively, with an accuracy of 89.3%. EBV DNA was detected in the oral wash and swab of 39.2% and 30.4% of blood-antibody-positive individuals, respectively. In conclusion, 44% of our freshmen were EBV-naïve and thus vaccine candidates, the gingival swab was an acceptable alternative to phlebotomy for detecting EBV antibody but needs improved sensitivity, and the perceived value of EBV vaccine was high (72% believed they would benefit).
“Transnational Law” as Proto-Concept: Three Conceptions
Authors: Scott Craig 
Published: March 2019

I shall use, instead of ‘international law', the term ‘transnational law' to include all law which regulates actions or events that transcend national frontiers. Both public and private international law are included, as are other rules which do not wholly fit into such standard categories.Philip Jessup, Transnational Law 136 (1956)
Judicial Reasoning in Constitutional Courts: A European Perspective
Authors: Jakab András 
Published: March 2019

“In the beginning was the Word.” This quote from the Holy Bible also stands on the ceiling of our discipline's temple. The job of legal scholarship is interpreting, and the base of every interpretation is the word.In this paper we are going to analyze how constitutional courts are able to extract the most meaning from a, necessarily, short text, such as a constitution, with the use of sophisticated tricks, or methods, of interpretation. Partly with the help of these methods, and partly on the basis of text-independent speculations, constitutional courts and legal scholars are able to develop a system of concepts (aRechtsdogmatik, or its specific constitutional part, theVerfassungsdogmatik) considerably more sophisticated than the one of the actual text of the constitution in order to serve as a helping toolkit for the solution of future cases. After analyzing some preliminary issues in part A, the largest part of this study will deal with the different methods of constitutional interpretation in part B. Then, the nature of this conceptual system will be analyzed in part C, before turning to the question of styles of constitutional reasoning in part D. The analysis concentrates on the practice of European constitutional courts, though for purposes of classification and comparison, non-European practices will also be mentioned.
Much Ado about Amsterdam: CDU-CSU Politics, Länder Influence and EU Treaty Reform
Authors: Mazzucelli Colette 
Published: March 2019

“Not a year goes by without some fresh blueprint being drawn up and fed into the continuing debate. Each succeeding blueprint can be likened to the way in which some artists go over their work again and again, gradually building up a deep richness to the emerging picture.”“Old paint on canvas, as it ages, sometimes becomes transparent. When that happens it is possible, in some pictures, to see the original lines: a tree will show through a woman's dress, a child makes way for a dog, a large boat is no longer on an open sea. That is called pentimento because the painter ‘repented,’ changed his mind. Perhaps it would be as well to say that the old conception, replaced by a later choice, is a way of seeing and then seeing again.”The aim of this article is to contribute to our understanding of the legal and political dimensions of treaty reform in the European Union (EU). It raises a conceptual issue by addressing the conditions under which Chancellor Kohl yielded to an increase in sub-national influence and the extent to which Länder (Federal State) politicians were able to exercise that influence to determine the outcome in a key area during the Amsterdam European Council, 16–18 June 1997. (3) The initial section highlights a political and legal analysis of German politics and European treaty reform during the 1996 process. The second section explores emerging asymmetrical specificity on the German political and institutional landscape post-Maastricht. The closing section offers an explanation of the results in qualified majority voting (QMV) for the treaty provisions on freedom, security and justice at Amsterdam, and the implications for our understanding of treaty reform in the Union.
The Increasingly Marginal Appreciation of the Margin-of-Appreciation Doctrine
Authors: de la Rasilla del Moral Ignacio 
Published: March 2019

What song the Syrens sang, or what name Achilles assumed when he hid himself among the women, although puzzling questions are not beyond all conjecture.What is so fundamental in terms of the protection of human rights in Europe that it requires the same standards for all countries and what, by contrast, would be better dealt with by each State's organs in line withverbigratiaMichael Walzer's-related notion of “thick morality”?. Where should the line be drawn between unity and diversity notwithstanding the resulting risk of human rights cultural relativism associated to the latter?. On what grounds could the axiomatic universality of human rights possibly be connoted in a continent which prides itself on possessing the most developed regional system for the protection of human rights world-wide in view of the resulting risk of legal contagion to other systems for the protection of human rights and, even, to general international law that such a practice can trigger?. At the end of the day, these are the sort of questions that the study of the margin-of- appreciation doctrine raises. The Trojan Horse-like character of the Strasbourg's judge-made margin-of-appreciation doctrine within the European human rights protection system has long since bothered human rights lawyers. Cases of reliance on this review doctrine have been generally criticised as denials of justice for individuals, abdications by the Court of its duty of adjudication in difficult or sensitive issues or as a judicial diluting technique of the strict conditions laid down in the European Convention of Human Rights. This line of criticism, aimed at what from the viewpoint of some occupants of the bench is seen as “a well established and legitimate part of the convention's jurisprudence”, has been reinforced by the entry of 21 new Eastern and Central European contracting parties to the Council of Europe following the 1989-1991 events. With a current membership of 46 States, all of which have ratified the 1950 Rome Convention, it is further feared that the doctrine will increasingly become an open door for abusive limitations in the exercise of human rights in states who traditionally leaned towards human rights cultural relativism. Against this background, I will briefly look into the technical criteria used by Strasbourg's judicial interpreters to factually implement this “much maligned notion” or, as one commentator has put it, this “manière pseudo-technique d'évoquer le pouvoir discrétionnaire que les organes de Strasbourg ont estimé reconnu aux Etats par la Convention dans certains cas”. I will, secondly, provide a basic overview of the general doctrinal positions one can adopt regarding this long debated question.
http://www.CompanyNameSucks.com: The Horizontal Effect of Fundamental Rights on ‘Private Parties’ within Autonomous Internet Law
Authors: Karavas Vaios , Teubner Gunther 
Published: March 2019

In previous conflicts about domain names within the global address system, German judges only had to answer relatively simply legal questions. Under which conditions does a domain name, which is easily confused with another name, infringe the rights of the name owner? Pervious decisions have identified infringement in the following cases:- The name and domain name are, to a significant degree, identical or may be easily confused with one another,- The user of the domain name possesses no personal right to the name, and- The name usage is likely to promote mistakes about the origin of the web-site.
“While Knowledge Abounds, Skills Are What Counts”: - An Essay About the Attorney of Tomorrow
Authors: Risse Jörg 
Published: March 2019

What are the key qualifications for tomorrow's attorney? And how do we have to structure legal education to teach the so-determined qualifications? The answers to both questions seem difficult, if not impossible, since they require a prediction of how the legal market will develop. However, as with most difficult questions, the answers prove to be easier than expected: In this case, they may be embodied in two poems by the German poet Erich Kästner (1899-1974) which are quite meaningful, not only in our regard. The first poem reads:Wissen ist Macht,wie schief gedacht,Wissen ist wenig,Können ist König.