bluuebunny/crossref_metadata_2025_split huggingface dataset:
Constitutional Theory as a Problem of Constitutional Law: On the Constitutional Court's Total Revision of Austrian Constitutional Law
Authors: Somek Alexander 
Published: February 2016

La.I clear it thus out ofSir Edw. Coke 1 Inst. Sect. 138. that this [Legal Reason] is to be understood of an artificial perfection of Reason gotten by long Study, Observation and Experience, and not of every Mans natural Reason; forNemo nascitur Artifex. This Legal Reason is summa Ratio; and therefore if all the Reason that is to be dispersed into so many several heads were united into one, yet could he not make such a Law as the Law of England is, because by so many successions of Ages it hath been fined and refined by an infinite number of Grave and Learned Men.Ph.[…] I grant you that the knowledge of the Law is an Art, but not that any Art of one Man, or of many how wise soever they be, or the work of one and more Artificers, how perfect soever it be, is Law. It is not Wisdom, but Authority that makes a Law. […] That the Law hath been fined by Grave and Learned Men, meaning the Professors of the Law is manifestly untrue, for all the Laws of England have been made by the Kings of England, consulting with the Nobility and Commons in Parliament, of which not one of twenty was a Learned Lawyer.
Leading Decisions of the Supreme Court of Israel and Extracts of the Judgment
Authors: Gallant Linda , Fassberg Celia Wasserstein 
Published: February 2016

Nafisi v. Nafisi (1996) 50(iii) P.D. 573The parties were married in 1944 in Persia (Iran), where they were domiciled. In 1979 the husband visited Israel, and during his stay he bought a shop in Tel-Aviv, which he registered in his name. In 1983 the couple and their five children immigrated to Israel. They lived in an apartment registered in both their names. Shortly after their arrival in the country, the husband opened two bank accounts in his name and deposited amounts totalling $320,000, which he had brought with him from Persia. In 1987 the couple's marriage broke down. Despite the rift, they both continued to live in the family home. The wife petitioned the court for a declaratory judgment stating that the shop and the money deposited in the bank accounts were jointly owned by both spouses. The District Court ruled in her favour. The Supreme Court accepted the husband's appeal and held that the wife had failed to prove her right to community property. The wife requested a further hearing in the Supreme Court on the matter, and in the further hearing, the Court ruled in her favour, by a majority decision.
Sadducees and Pharisees: Two Controversies
Authors: Yaron Reuven 
Published: February 2016

Our colleague, Professor Ze'ev Falk died on the eve of Rosh Hashana 5759, at the age of 75. His scholarly interests ranged widely; he was expert, inter alia, on the law of the interim period, between Bible and Talmud. Concerning later periods, his attention was given primarily to the law of marriage and divorce. He was a deeply religious man, yet free from any trace of complacency. When, as happens, he was unhappy with the way halakha went, he was wont to speak out and search for solutions. That the custodians of halakha would not tend to heed his suggestions, need not surprise. As a rule, they are reluctant to take notice of question-marks and solutions originating from without; and in their strict sense Falk was an outsider. But this was their problem rather than his.This short paper is presented here in eius memoriam, as a token of friendship and respect. It would have been within the sphere of his interest.May he rest in peace.
The Legal Status of Spanish Jews During the Visigothic Catholic Era: From Reccared (586) to Reccesswinth (672)
Authors: Rabello Alfredo Mordechai 
Published: February 2016

This article is dedicated to the memory of my friend, Professor Ze'ev Falkteacher and researcher, who always displayed a great interest in the history of the Jewish People.Foreword: The Jews had been living in Spain since the Roman period, when Spain became part of the Roman Empire. Much later, Spain was conquered by the Visigoths. King Alaric II (484–507) enacted a code based largely on the Theodosian Code (438), namely theBreviarium Alaricianum(506), of which many laws dealt with the Jews. During this period the Visigoths were Arian and their treatment of the Jews was relatively good. In this article I shall examine the way VisigothicCatholicSpain dealt with the Jews and Judaism.
Legalistic “Glosses” in Biblical Narratives
Authors: Westbrook Raymond 
Published: February 2016

The genealogy of Israel in the book of Chronicles contains the following notice: (1 Ch. 2:34–35):Sheshan had no sons, only daughters; but Sheshan had an Egyptian slave named Jarha. Sheshan gave his daughter to his slave Jarha as a wife and she bore him Attai.Sheshan's purpose in marrying his daughter to his slave was to ensure that the offspring of the union would be regarded as his grandchildren. Moreover, as Japhet points out, the Chronicler has carefully crafted the details of the story, in particular the mention of a foreign slave, so that Sheshan's tactic will conform with the slave laws of the Torah. According to Ex. 21:2–6, the children would undoubtedly be the master's, since the master had given him his wife. Lev. 25:41, however, suggests that an Israelite slave might be able to take his children with him on leaving. The identity of the father as a foreign slave avoids any difficulty on this point: he cannot leave his master at all, and any children sired by him are unquestionably his master's.
Legally Protected Interests of the Abducted Alleged Offender
Authors: Lagodny Otto 
Published: February 2016

Professor S. Z. Feller, to whom this article respectfully is dedicated, wrote a critical attack on the problem of concurrent criminal jurisdiction. The adverse consequence of more than one state claiming jurisdiction over a given criminal behaviour may be the abduction of the alleged offender by officials of one of these states. This issue was recently raised in the United States Supreme Court in theAlvarez-Machaincase. Chief Justice Rehnquist's holding allowing a U.S. court to try Dr. Alvarez-Machain, who was abducted by U.S. authorities, caused vehement national and international criticism. Subsequently, the United States District Court of Los Angeles acquitted Dr. Alvarez-Machain on 14 December 1992.The long list of abduction cases of recent history, together with the absence of a satisfying solution are alarming. I shall not attempt to cut this “Gordan's knot”, but rather shall focus on an issue that has as yet not been clearly addressed in the current debate.
The Influence of International Human Rights Law on the Israeli Legal System: Present and Future
Authors: Benvenisti Eyal 
Published: February 2016

Since Israel's independence, the Supreme Court has been very active in establishing and securing an impressive edifice of human rights. Lacking a written constitution, the Court has based its constitutional jurisprudence on the democratic character of the state. It has developed an “Israeli made” bill of rights, relying on comparative studies, yet with little reference to the standards set in international human rights instruments.Two legal events of the last three years may change the judicial attitude towards international human rights. The first major event was the Israeli government's ratification of important human rights conventions during 1991, first and foremost among them the 1966 Covenant on Civil and Political Rights, which has been named the “International Bill of Rights” (hereinafter: the 1966 Covenant).
Cyclical Market Power
Authors: Aviram Amitai 
Published: February 2016

Market power is not ubiquitous; it is limited to certain products, in certain areas, and to certain times. Understanding the limits of the market power possessed by a firm in a given case is essential to the correct assessment of the firm's behavior and its antitrust implications.The most common method used to identify the scope as well as the strength of a firm's market power is through the definition of relevant markets, calculation of market share and identification of relevant market conditions (e.g., barriers to entry). Correct assessment of suspected market power should relate to all the limits on that power. For that reason, when exploring the possibility that a certain firm possesses market power, a product market definition is of limited use without the support of the relevant geographic market definition.This is also true of temporal restraints on market power. Some firms may be expected to possess market power (within certain product and geographical bounds) continuously, until a substantial and unexpected change in the industry diminishes their market power or changes its boundaries.
Right and Left: Ideological Disobedience in Israel
Authors: Gans Chaim 
Published: February 2016

AbstractThis article is primarily concerned with the issue of the justification for objection to service in the Occupied Territories and the claims made against such objection by those who share the objectors' opposition to the continuation of the Occupation, especially those who have, or at least purport to have, professional authority on the subject of disobedience. However, I will also discuss the question of the appropriate attitude towards such an objection from the perspective of the State and the courts, mainly because many people confuse the considerations that should inform the State's approach towards objectors with those that should guide the objectors themselves.The arguments against disobedience are divisible between those purporting to demonstrate that there are absolutely no legitimate reasons for refusal, and those purporting to show that despite the existence of reasons for refusal, such acts should not be committed since the reasons militating against them are even stronger. Two main arguments are invoked in rejecting the legitimacy of disobedience. First, it is claimed that such disobedience cannot be justified by a universal and ideologically-neutral principle. Secondly, it is argued that such disobedience undermines the democratic regime. These arguments will be discussed in the first section of the article.
Selective Conscientious Objection and International Human Rights
Authors: Hammer Leonard 
Published: February 2016

AbstractThe development of an international status for military conscientious objection received a strong backing by pronouncements from bodies like the Human Rights Committee that the capacity for objection can derive from the international human right to freedom of religion or belief of the International Covenant on Civil and Political Rights. Even with such pronouncements, questions remain in regard to the nature, boundaries and scope of this right. Most importantly, does this pronounced right allow for selective military conscientious objection within the international human rights system? This article will focus on the view that the capacity for military conscientious objection in the international human rights system derives from the right to freedom of religion and conscience. The implication of the international human right of freedom of religion or belief is important for its application to selective conscientious objection. However, even if the Human Rights Committee desires to limit the application of military conscientious objection, a selective objector can arguably still make the case for upholding a claim based on the human right and the manner in which it has been interpreted by the Committee and other international bodies. While on the one hand the focus on the human right to freedom of religion or belief can possibly provide the basis for a selective conscientious objector, it removes the possibility for claims that do not involve a religion or belief. The importance however of freedom of religion or behef should force a reviewing body to properly consider and measure the claim of a selective objector, with a view towards considering whether they are confronted with the manifestation of a belief and whether the state is violating such a seminal human right.
STATE BUILDING, RURAL DEVELOPMENT, AND THE MAKING OF A FRONTIER REGIME IN NORTHEASTERN ETHIOPIA,c.1944–75
Authors: PUDDU LUCA 
Published: February 2016

AbstractCombining a set of grey literature and primary sources, this article analyses the rise and fall of the sultanate of Awsa, northeastern Ethiopia, between 1944 and 1975. Ali Mirah exploited the typical repertoires of a frontier regime to consolidate a semi-independent Muslim chiefdom at the fringes of the Christian empire of Ethiopia. Foreign investors in commercial agriculture provided the sultanate and its counterparts within the Ethiopian state with tangible and intangible resources that shaped the quest for statecraft in the Lower Awash Valley.
Effect of ruminally unprotected Echium oil on milk yield, composition and fatty acid profile in mid-lactation goats
Authors: Renna Manuela , Lussiana Carola , Cornale Paolo , Battaglini Luca Maria , Fortina Riccardo , Mimosi Antonio 
Published: February 2016

This study investigated the effects on goat milk yield and composition of a diet supplemented with Echium plantagineum oil (EPO). Twenty-four mid-lactation multiparous Camosciata goats were divided into two balanced groups and fed for 44 d a diet based on hay and concentrate, supplemented (EPO group, Echium) or not (CON group, control) with 40 ml of ruminally unprotected EPO. Individual milk yield was recorded and individual milk samples were collected at 11, 22, 33, and 44 d after supplementation. Milk samples were analysed for milk components and fatty acids (FA). Data were statistically analysed by repeated-measures analysis of variance. Milk yield, protein and lactose contents were significantly higher in EPO than CON group. The inclusion of EPO significantly decreased total saturated FA and total branched-chain FA, and contemporarily sharply increased trans biohydrogenation intermediates (P ⩽ 0·001). Milk concentration of α-linolenic, stearidonic and γ-linolenic acids increased by 23, 1000 and 67%, respectively (P ⩽ 0·001). Due to extensive ruminal biohydrogenation, their apparent transfer rate was less than 3%. As a consequence, the milk concentrations of very long-chain (VLC) polyunsaturated fatty acids (PUFA), such as eicosapentaenoic (20:5 n-3) and dihomo-γ-linolenic (20:3 n-6) acids, significantly increased with EPO treatment, but values remained very low. Docosahexaenoic acid (22:6 n-3) was undetectable in all analysed milk samples. Results show that ruminally unprotected EPO can enhance milk yield and protein and improve the overall goat milk FA profile. However, this kind of supplementation cannot be considered a valuable strategy to develop goat functional dairy products enriched with VLC n-3 PUFA for human consumption.
FACTORS INFLUENCING REIMBURSEMENT OF MEDICAL DEVICES IN FRANCE
Authors: Loge Pierre , Delalande François , Reymond Marie-Christine , Germain Sylvia 
Published: February 2016

Objectives: This study aims to analyze the key factors considered for the first application of the National Committee for the Evaluation of Medical Devices (CNEDiMTS) for achieving reimbursement through registration in the list of products and services qualifying for reimbursement (LPPR).Methods: All the appraisals studied on medical devices (MD) for first inclusion in the LPPR during 2011 and 2012 were retrieved from the French National Authority for Health or Haute Autorité de santé (HAS) Web site. A list of relevant factors was analyzed for each included opinion, followed by univariate and multivariate analyses to highlight the key factors that impacted the expected benefit (EB) provided by HAS.Results: A total of 151 appraisals were included in the study. Of them, 94 (62 percent) were granted with sufficient EB. The manufacturers were mostly from the United States (36 percent), while most of the applicants were from France (84 percent). After adjusting for other retrieved factors, it was observed that MDs complying with the technical standards, requests supported by opinion(s) from previous generation of MD, and the presence of recommendations or guidelines had more probability to obtain a sufficient EB. A lower probability was related to MDs supported by low-quality studies and with no specific health public benefit.Conclusions: Our results confirmed that manufacturers seeking reimbursement should be aware of the expectations of the health authorities (level of evidence, technical standard, etc.) and foresee their plan of sending requests for funding so that they can provide evidence of good quality.
Overcoming incorrect knowledge in plan-based reward shaping
Authors: Efthymiadis Kyriakos , Devlin Sam , Kudenko Daniel 
Published: February 2016

AbstractReward shaping has been shown to significantly improve an agent’s performance in reinforcement learning. Plan-based reward shaping is a successful approach in which a STRIPS plan is used in order to guide the agent to the optimal behaviour. However, if the provided knowledge is wrong, it has been shown the agent will take longer to learn the optimal policy. Previously, in some cases, it was better to ignore all prior knowledge despite it only being partially incorrect.This paper introduces a novel use of knowledge revision to overcome incorrect domain knowledge when provided to an agent receiving plan-based reward shaping. Empirical results show that an agent using this method can outperform the previous agent receiving plan-based reward shaping without knowledge revision.
Liquidity: essence, risk, institutions, markets and regulation: a report of the liquidity working party
Authors: Keating C. , Hatchett J. , Smith A. , Walton J. , Zhao T. 
Published: February 2016

AbstractThis study is a subjective synthesis of the work of many academics, supervisors and practitioners on the topic of liquidity and many of its multiple aspects. It borrows heavily and freely from those works in the pursuit of coherence, as this subject can be both confused and confusing. Although many hypotheses, both established and speculative, are referred to, none is proposed in this paper. In order to be of possible use to a range of readers, it roams from the most basic and elementary to some of the most recent and advanced. In pursuit of brevity and readability, in many instances it can do little more than introduce a particular feature and leave further investigation to the reader. Liquidity is clearly a topic with much unfinished business. Our ambition in writing this paper is threefold: first, to raise awareness amongst actuaries of the wide-ranging implications for actuarial work of liquidity; second, to bring some coherence to the manifold measures and uses of the concept of liquidity by attempting to synthesise some of the key elements of knowledge today; finally, to highlight some of the more high profile and open questions relevant for actuarial work. This paper makes many references to behaviour during the crisis and its aftermath; however, it is not intended to be a forensic analysis of the crisis attributing causality. The crisis has simply served as an experiment during which many things became observable.
Density Functional Theory Modeling of Low-Loss Electron Energy-Loss Spectroscopy in Wurtzite III-Nitride Ternary Alloys
Authors: Eljarrat Alberto , Sastre Xavier , Peiró Francesca , Estradé Sónia 
Published: February 2016

AbstractIn the present work, the dielectric response of III-nitride semiconductors is studied using density functional theory (DFT) band structure calculations. The aim of this study is to improve our understanding of the features in the low-loss electron energy-loss spectra of ternary alloys, but the results are also relevant to optical and UV spectroscopy results. In addition, the dependence of the most remarkable features with composition is tested, i.e. applying Vegard’s law to band gap and plasmon energy. For this purpose, three wurtzite ternary alloys, from the combination of binaries AlN, GaN, and InN, were simulated through a wide compositional range (i.e., AlxGa1−xN, InxAl1−xN, and InxGa1−xN, with x=[0,1]). For this DFT calculations, the standard tools found in Wien2k software were used. In order to improve the band structure description of these semiconductor compounds, the modified Becke–Johnson exchange–correlation potential was also used. Results from these calculations are presented, including band structure, density of states, and complex dielectric function for the whole compositional range. Larger, closer to experimental values, band gap energies are predicted using the novel potential, when compared with standard generalized gradient approximation. Moreover, a detailed analysis of the collective excitation features in the dielectric response reveals their compositional dependence, which sometimes departs from a linear behavior (bowing). Finally, an advantageous method for measuring the plasmon energy dependence from these calculations is explained.
Siltuximab (CNTO 328) with lenalidomide, bortezomib and dexamethasone in newly-diagnosed, previously untreated multiple myeloma: an open-label phase I trial
Authors: Shah J J , Feng L , Thomas S K , Berkova Z , Weber D M , Wang M , Qazilbash M H , Champlin R E , Mendoza T R , Cleeland C , Orlowski R Z 
Published: February 2016

AbstractThe safety and efficacy of siltuximab (CNTO 328) was tested in combination with lenalidomide, bortezomib and dexamethasone (RVD) in patients with newly-diagnosed, previously untreated symptomatic multiple myeloma. Fourteen patients were enrolled in the study, eleven of whom qualified to receive therapy. A majority of patients (81.8%) completed the minimal number or more of the four required cycles, while two patients completed only three cycles. The maximum tolerated dose (MTD) of siltuximab with RVD was dose level −1 (siltuximab: 8.3 mg/kg; bortezomib: 1.3 mg/m2; lenalidomide: 25 mg; dexamethasone: 20 mg). Serious adverse events were grade 3 pneumonia and grade 4 thrombocytopenia, and no deaths occurred during the study or with follow-up (median follow-up 28.1 months). An overall response rate, after 3–4 cycles of therapy, of 90.9% (95% confidence interval (CI): 58.7%, 99.8%) (9.1% complete response (95% CI: 0.2%, 41.3%), 45.5% very good partial response (95% CI: 16.7%, 76.6%) and 36.4% partial response (95% CI: 10.9%, 69.2%)) was seen. Two patients withdrew consent, and nine patients (81.8%) opted for autologous stem cell transplantation.