bluuebunny/crossref_metadata_2025_split huggingface dataset:
Leading Decisions of the Supreme Court of Israel and Extracts of the Judgment
Authors: Gallant Linda , Shalev Gabriela 
Published: February 2016

The State of Israel v. Aprofim Housing and Enterprise (1991) Ltd. (1995) 49(ii) P.D. 265In 1990, following the wave of immigration from the former Soviet Union at the end of the 80's, the Government decided to promote construction of apartments for new immigrants and other persons entitled to government housing aid. A plan was drawn up whereby land would be allocated to contractors for building purposes by the Israel Lands Authority, while the Housing Ministry (hereinafter, “the Appellant”) undertook to purchase the apartments from the contractors after construction.A standard form agreement was drawn up which served as the basis for the contracts signed between the Appellant and the various building contractors and entrepreneurs. The Appellant undertook in these contracts to purchase from the contractor, upon request, any apartments which had been built but not sold on the open market. In desirable locations, the Appellant was under an obligation to purchase up to 50% of the apartments built. In development areas the Appellant was bound to purchase all of the apartments. The contractor was entitled to demand that the Appellant exercise its obligation to purchase the apartments in the desirable locations, at the earliest, on completion of construction; whereas, in the case of apartments in the development areas the contractor could make its demand on completion of the frame and internal walls of the building. The contract did not limit the time in which the contractor had to present its demand for performance of the obligation to purchase, but any delay in presenting a demand beyond the times stated would influence the contractor's right to receive the full price for the apartments from the Appellant.
How Effective is Criminal Fine Enforcement in the Israeli Criminal Justice System?
Authors: Einat Tomer 
Published: February 2016

Over-burdening of the prison system and serious reservations as to the usefulness of the prison sentence as a means of reducing crimes rates have led penologists and policymakers to seek ways to broaden the repertoire of criminal punishments available to the courts. In the search for effective and affordable sentencing policies, there has been increasing interest in the development and elaboration of intermediate sanctions as part of a menu of sentencing choices that match the severity of punishment to the seriousness of the crime.This trend is clearly reflected in the development of the penal system in Israel. In elaborating alternatives to imprisonment, an integrated model, incorporating welfare and rehabilitation considerations, has emerged. Nevertheless, Israeli judges have remarkably few sentencing alternatives at their disposal, and the penal sanctions available to them can be counted on the fingers of one hand, namely, imprisonment, suspended prison sentence, probation, community service, and the fine.
English Criminal Procedure and the Human Rights Act 1998
Authors: Spencer J.R. 
Published: February 2016

The European Convention on Human Rights is one of the manifestations of the Council of Europe, an organisation of European states founded in 1949 with the aim of strengthening the common democratic heritage. It is an international treaty which binds the contracting States to respect the list of human rights and freedoms it proclaims. An enforcement mechanism exists in the form of the European Court of Human Rights (in this paper called ‘the Strasbourg court’).In brief, these rights and freedoms are the right to life (art. 2); freedom from torture or inhuman and degrading treatment or punishment (art. 3); freedom from slavery or forced labour (art. 4); the right to liberty (art. 5); the right to a fair trial (art. 6); freedom from retrospective criminal laws (art. 7); the right to respect for private and family life, home and correspondence (art. 8); freedom of thought, conscience and religion (art. 9); freedom of expression (art. 10); freedom of peaceful assembly (art. 11); and the right to marry and found a family (art. 12). Over the years, this initial list of rights has been expanded by a series of additional Protocols — not all of which have been ratified by all the Member States. The First Protocol, which Britain has ratified, guarantees the right to peaceful enjoyment of possessions, education, and free elections.
Halakhic Responsibility of the Deceased: A Further Study of the Concept of Inheritance in Talmudic Thought
Authors: Edrei Arye 
Published: February 2016

In this paper I would like to examine the status of inheritors with respect to the religious obligations of a person who died and could not discharge them. Apparently, this question is completely unfounded: religious obligations are personal, and how could one person discharge an obligation by the act of another, and what possible religious value or significance could such an act have?In our case the question is even more difficult, since the person under obligation is now dead and exempt from religious precepts. If so, what could the ramifications of his discharge from duties be? In the present discussion, I will question these premises and introduce two completely different approaches to understanding the concept of inheritance in Talmudic literature. I intend to draw attention to the close connection between the legal and religious parts of the Halakhah, which treat matters of religious permissibility and the fulfillment of religious precepts, in the same manner as they treat purely legal issues.
Justifying Retributivism
Authors: Moore Michael S. 
Published: February 2016

I shall address two concerns in this paper: first, what retributivism is, and second, how one justifies retributivism as the only proper theory of punishment. Since this paper is necessarily short, treatment of these topics is likewise abbreviated, although hopefully not so abbreviated but that it whets the appetite for those who wish to pursue them in greater depth.Retributivism is the view that we ought to punish offenders because and only because they deserve to be punished. Punishment is justified, for a retributivist, solely by the fact that those receiving it deserve it. Punishment of deserving offenders may produce beneficial consequences other than giving offenders their just deserts. Punishment may deter future crime, incapacitate dangerous persons, educate citizens in the behavior required for a civilized society, reinforce social cohesion, prevent vigilante behavior, make victims of crime feel better, or satisfy the vengeful desires of citizens who are not themselves crime victims.
Constitutional Principles and Criminal Law
Authors: Kremnitzer Mordechai 
Published: February 2016

The enactment of Basic Law: Human Dignity and Freedom marks the beginning of a new era in Israeli law. This is a fitting opportunity to sketch an initial outline for the relationship between the constitution and the substantive criminal law, and the effect of constitutional principles on penal law. The truth be told, the constitutional principles already existed prior to the enactment of the Basic Law. And if, for example, we examine Prof. Feller's approach to criminal law, we cannot but be impressed by the highly developed constitutional element. Nevertheless, Basic Law: Human Dignity and Freedom does provide an excellent excuse for addressing the subject. Moreover, its enactment paves the way for certain interpretive changes in Israeli penal law, and because it allows for judicial review of the legislature of the future, some clarification is called for as to the limits of legislative power in the field of criminal law in light of fundamental constitutional principles.Basic to constitutional law and criminal law is a shared image of human beings. It is a conception of human beings as “morally” autonomous, with the basic faculty to understand reality and distinguish right from wrong, able to contribute to developing social norms and to understand and internalize them, competent to decide how to act and capable of realizing that decision.
The History of the Draft Code of Crimes Against the Peace and Security of Mankind
Authors: Bassiouni M. Cherif 
Published: February 2016

Since 1946, the United Nations efforts to codify international crimes and to establish an international criminal court have overlapped, with scant results from either endeavor.The Assembly began its efforts to codify international crimes in its first session when the United States sponsored resolution 95 (I), adopted on December 11, 1946, which affirmed “the principles of international law recognized by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal”. Furthermore, the Assembly directed the Committee on the Codification of International Law, the International Law Commission's predecessor, to formulate a general codification of offenses against the peace and security of mankind.In 1947, the United Nations established the International Law Commission (ILC). In a resolution again sponsored by the United States the United Nations directed the ILC to:(a) formulate the principles of international law recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal, and(b) prepare a draft code of offenses against the peace and security of mankind, indicating clearly the place to be accorded to the principles mentioned in sub-paragraph (a) above.
Optimal Dividend Policy and Tax Distortions
Authors: Qoshen Zohar 
Published: February 2016

A logical starting point for any discussion about dividends is the Irrelevance Theorem developed by Modigliani & Miller. According to this theorem, dividend policy does not affect the firm's value if its investment policy is predetermined. In practice, however, the market does not behave in this manner. Firms do distribute dividends, and increases in dividends usually lead to increases in share prices. Given the inferior tax treatment of cash dividends as opposed to capital gains and the high costs involved in raising new funds in the market, this suggests, contrary to the irrelevance theorem, that investors and managers do care about dividend policy. This phenomenon is known as the “Dividend Puzzle”.The literature on dividend policy revolves around this “puzzle”. Why do managers distribute dividends at all? Why do investors care about dividends? Various explanations have been offered suggesting some benefits to compensate for the extra costs associated with dividend distribution: information or signaling effects (managers use dividends to credibly signal their forecast of the firm's future performance through changes in the level of distribution); reduction of agency costs (by both driving the firm into the capital market and diminishing the internal cash flow available to management).
The Fallacies of Objections to Selective Conscientious Objection
Authors: Paz-Fuchs Amir , Sfard Michael 
Published: February 2016

AbstractThis paper critically analyzes the theoretical and pragmatic arguments raised against the refusal of individuals to serve in a specific military campaign that they view as immoral. The Israeli Supreme Court case ofZonshein v Judge-Advocate Generalwill serve as an axis of the discussion, as it combines two related facets: first, the Court's decision touches upon most of the difficult issues in the field of conscientious objection. And second, the development leading up to the decision was accompanied by an exceptional clash of academics, each side summoning expert opinions in support of its claim.Courts worldwide have accepted that a categorical distinction exists between universal and selective conscientious objection. The combination of theZonsheindecision and the accompanying academic debate presents the opportunity to reexamine the theoretical and pragmatic reasons that are offered as support for distinguishing the two ‘types’ of conscientious objection. Close scrutiny finds them wanting.
(DIS)EMBODYING SOVEREIGNTY: DIVINE KINGSHIP IN CENTRAL AFRICAN HISTORIOGRAPHY
Authors: GORDON DAVID M. 
Published: February 2016

AbstractIn the aftermath of late nineteenth-century conquests, European intellectuals developed social scientific concepts that compared political and religious institutions. ‘Divine kingship’, one such concept, signified a premodern institution that unified spiritual and secular power in the body of a man who ensured the welfare of land and people. By tracing the development of the concept of divine kingship and its application to the Bemba rulers of Northern Zambia, this article explores Western intellectual engagements with changing African spiritual and secular sovereignties. Divine kingship helped scholars, including Godfrey and Monica Wilson, Audrey Richards, Luc de Heusch, and Jan Vansina construct spatial and temporal models of sovereignty amidst struggles over the nature of sovereignty itself. Tracing its evolution sheds light on the historiography of embodied power. The article demonstrates how divine kingship theory helped historians imagine kingship as a key political institution in Central African historiography as well as inform ideas of political secularization and religious change.
WRITING MEDICAL AUTHORITY: THE RISE OF LITERATE HEALERS IN GHANA, 1930–70
Authors: OSSEO-ASARE ABENA DOVE 
Published: February 2016

AbstractFor generations, healers sustained medical knowledge in African communities through oral communication. During the twentieth century, healers who learned to read and write used literacy as a vehicle for establishing medical authority. In particular, literate healers lobbied colonial and national governments for recognition, wrote medical guidebooks, advertised in African newspapers, and sent letters to other healers to organise their profession. This article examines the case of literate healers in colonial and postcolonial Ghana living near the twin port cities of Sekondi and Takoradi. There, an early organisation of ‘Scientific African Herbalists’ and later, the ‘Ghana Psychic and Traditional Healing Association,’ used literacy to reclaim the public's trust in their medical expertise. An examination of literacy shows historical avenues for professional formation and the continued quest for medical legitimacy and respectability.
AFRICA AND THE PRICE REVOLUTION: CURRENCY IMPORTS AND SOCIOECONOMIC CHANGE IN WEST AND WEST-CENTRAL AFRICA DURING THE SEVENTEENTH CENTURY
Authors: GREEN TOBY 
Published: February 2016

AbstractThe past decade has seen much ink spilled on global interconnections in the early modern economy, especially those linking European and Asian economies. But this Eurasian concentration has excluded Africa from the discussion. This article addresses this absence by showing that West and West-Central Africa were integral to the global price revolution of the sixteenth and seventeenth centuries. Considering evidence from West and West-Central Africa reveals how the price revolution was a genuinely global phenomenon, with increasing imports of locally-used currencies that created inflation in line with the inflation of gold and silver in Europe and Asia. The article argues that the coexistence of exchangeable value and other social uses of currencies also contributed to a relative depreciation in Africa's global economic strength. Also related to this phenomenon were the rise of an export slave trade and changes in the production and distribution of West and West-Central African cloth industries.
A prospective examination of Axis I psychiatric disorders in the first 5 years following moderate to severe traumatic brain injury
Authors: Alway Y. , Gould K. R. , Johnston L. , McKenzie D. , Ponsford J. 
Published: February 2016

BackgroundPsychiatric disorders commonly emerge during the first year following traumatic brain injury (TBI). However, it is not clear whether these disorders soon remit or persist for long periods post-injury. This study aimed to examine, prospectively: (1) the frequency, (2) patterns of co-morbidity, (3) trajectory, and (4) risk factors for psychiatric disorders during the first 5 years following TBI.MethodParticipants were 161 individuals (78.3% male) with moderate (31.2%) or severe (68.8%) TBI. Psychiatric disorders were diagnosed using the Structured Clinical Interview for DSM-IV, administered soon after injury and 3, 6 and 12 months, and 2, 3, 4 and 5 years post-injury. Disorder frequencies and generalized estimating equations were used to identify temporal relationships and risk factors.ResultsIn the first 5 years post-injury, 75.2% received a psychiatric diagnosis, commonly emerging within the first year (77.7%). Anxiety, mood and substance-use disorders were the most common diagnostic classes, often presenting co-morbidly. Many (56.5%) experienced a novel diagnostic class not present prior to injury. Disorder frequency ranged between 61.8 and 35.6% over time, decreasing by 27% [odds ratio (OR) 0.73, 95% confidence interval (CI) 0.65–0.83] with each year post-injury. Anxiety disorders declined significantly over time (OR 0.73, 95% CI 0.63–0.84), whilst mood and substance-use disorder rates remained stable. The strongest predictors of post-injury disorder were pre-injury disorder (OR 2.44, 95% CI 1.41–4.25) and accident-related limb injury (OR 1.78, 95% CI 1.03–3.07).ConclusionsFindings suggest the first year post-injury is a critical period for the emergence of psychiatric disorders. Disorder frequency declines thereafter, with anxiety disorders showing greater resolution than mood and substance-use disorders.
Diagnostic accuracy of a brief screening tool for attention deficit hyperactivity disorder in UK prison inmates
Authors: Young S. , González R. A. , Mutch L. , Mallet-Lambert I. , O'Rourke L. , Hickey N. , Asherson P. , Gudjonsson G. H. 
Published: February 2016

BackgroundAttention deficit hyperactivity disorder (ADHD) is overrepresented in prison, making it imperative to identify a screening tool that can be quickly applied to efficiently detect the disorder. We explored the discrimination ability of a widely used ADHD screen, the Barkley Adult ADHD Rating Scale (BAARS-IV), against a clinical diagnostic interview. A brief version of the screen was then developed in order to simplify its use in the prison context, and maximize its diagnostic properties.MethodA cross-sectional study of 390 male prison inmates was performed in the UK, all participants were screened and interviewed via the Diagnostic Interview for ADHD in Adults 2.0 (DIVA-2).ResultsA total of 47 (12.1%) inmates screened positive for ADHD using the full BAARS-IV, and 96 (24.6%) were clinically diagnosed, for a sensitivity of 37.9 and a specificity of 96.3. Our models identified the six items that most predicted ADHD diagnosis, with adjusted odds ratios ranging from 2.66 to 4.58. Sensitivity, specificity and accuracy were 0.82, 0.84 and 0.84, respectively, for the developed brief scale, and 0.71, 0.85 and 0.81 for its validation. Weighted probability scores produced an area under the curve of 0.89 for development, and 0.82 for validation of the brief scale.ConclusionsThe original BAARS-IV performed poorly at identifying prison inmates with ADHD. Our developed brief scale substantially improved diagnostic accuracy. The brief screening instrument has great potential to be used as an accurate and resource-effective tool to screen young people and adults for likely ADHD in the criminal justice system.
Context-sensitive reward shaping for sparse interaction multi-agent systems
Authors: de Hauwere Yann-Michaël , Devlin Sam , Kudenko Daniel , Nowé Ann 
Published: February 2016

AbstractPotential-based reward shaping is a commonly used approach in reinforcement learning to direct exploration based on prior knowledge. Both in single and multi-agent settings this technique speeds up learning without losing any theoretical convergence guarantees. However, if speed ups through reward shaping are to be achieved in multi-agent environments, a different shaping signal should be used for each context in which agents have a different subgoal or when agents are involved in a different interaction situation.This paper describes the use of context-aware potential functions in a multi-agent system in which the interactions between agents are sparse. This means that, unknown to the agentsa priori, the interactions between the agents only occur sporadically in certain regions of the state space. During these interactions, agents need to coordinate in order to reach the global optimal solution.We demonstrate how different reward shaping functions can be used on top of Future Coordinating Q-learning (FCQ-learning); an algorithm capable of automatically detecting when agents should take each other into consideration. Using FCQ-learning, coordination problems can even be anticipated before the actual problems occur, allowing the problems to be solved timely. We evaluate our approach on a range of gridworld problems, as well as a simulation of air traffic control.
‘INSPIRE US GENIUS OF THE DAY’: REWRITING THE REGENT IN THE BIRTHDAY ODE FOR QUEEN ANNE, 1703
Authors: MURPHY ESTELLE 
Published: February 2016

ABSTRACTIn 1701–1702 writer and poet Peter Anthony Motteux collaborated with composer John Eccles, Master of the King's Musick, in writing the ode for King William III's birthday. Eccles's autograph manuscript is listed in the British Library manuscript catalogue as ‘Ode for the King's Birthday, 1703; in score by John Eccles’ and is accompanied by a claim that the ode had already reached folio 10v when William died, requiring the words to be amended to suit his successor, Queen Anne. A closer inspection of this manuscript reveals that much more of the ode had been completed before the king's death, and that much more than the words ‘king’ and ‘William’ was amended to suit a succeeding monarch of a different gender and nationality. The work was performed before Queen Anne on her birthday in 1703 and the words were published shortly afterwards. Discrepancies between the printed text and that in Eccles's score indicate that no fewer than three versions of the text were devised during the creative process. These versions raise issues of authority with respect to poet and composer. A careful analysis of the manuscript's paper types and rastrology reveals a collaborative process of re-engineering that was, in fact, applied to an already completed work. This article explores the problems of textual versus musical authority embodied in the ode and the difficulties faced by its creators in reworking a piece originally celebrating a foreign male war-hero for a female British queen during a period of political and religious fragility.
Azealia Banks's “212”: Black Female Identity and the White Gaze in Contemporary Hip-Hop
Authors: MCNALLY JAMES 
Published: February 2016

AbstractAzealia Banks's 2011 hit single “212” established her as one of hip-hop's rising stars, with critics highlighting the song's provocative lyrics and Banks's ability as an MC as standout qualities. Banks would later receive attention for her public dispute with white rapper Iggy Azalea, whom she accused of exploiting black musical culture. This article integrates an analysis of “212” with a discussion of Banks's recent public rhetoric in order to examine the ways in which Banks rearticulates the figure of the black female rapper and criticizes white fascination with black female sexuality and black cultural forms. I conclude by situating this discussion within the broader context of contemporary “post-racial” politics, in which the political elements of hip-hop and the systemic racial inequalities they address have become increasingly marginalized in favor of “color-blind” conceptions of United States society and popular culture.