bluuebunny/crossref_metadata_2025_split huggingface dataset:
The International Military Tribunal and the Holocaust: Some Legal Reflections
Authors: Robinson Jacob 
Published: February 2016

On Sept. 30–Oct. 1, 1946 the International Military Tribunal in Nuremberg announced its judgment. The trial started on Nov. 14, 1945 and was concluded on Aug. 31, 1946 after 216 working days. The writing and discussing of the Judgment was accomplished in four weeks. The proceedings and judgment represent an extraordinary tour de force.The Judgment has been a subject of careful study and heated controversy for a quarter of a century. Considering the record speed of the trial and of the writing of the Judgment, it should come as no surprise to discover that the Judgment is far from being a monolithic piece.In the following, an attempt is made to test the consistency of the positions of the IMT in one of its most sensitive parts: the persecution and the extermination of the Jewish people.
Comment on “Criminal Jurisdiction Over Aircraft Hijacking”.
Authors: Feller S. Z. 
Published: February 2016

1. In his article “Criminal Jurisdiction over Aircraft Hijacking”, Dr. Y. Dinstein analyzes the provisions of the Convention for the Suppression of Unlawful Seizure of Aircraft, of December 16, 1970—hereinafter referred to as “the Hague Convention”. This convention deals with States' jurisdiction with regard to the offence of “hijacking”, as defined by Article 2 of the convention, in accordance with the nature of their connection with the offence committed.
The learned writer, in the course of his analysis, postulates three premises. The first premise is that Article 4 of the Hague Convention lays down an order of preference with respect to the jurisdiction of the States referred to in that Article. The second premise is that this order of preference is reflected in the order of the paragraphs of Article 4 which specify which are the states in question (paragraphs 1 and 2). The third premise is that the Hague Convention does not provide for universal jurisdiction in respect of the offence of hijacking.
The Institutional Character of the Judge
Authors: Laskin Bora 
Published: February 2016

It would be an unforgivable presumption on my part if I attempted to give my observations in this lecture a world-wide focus. At best, they may be suggestive beyond the compass of the small part of the world in which I have gained, by study and by experience, the insights which support my words. At the least, they will bring to light my particular appreciation of the liberties and the constraints which judges of courts in a parliamentary democracy enjoy and endure in the discharge of their duties.What do I mean by “the institutional character of the judge”? Imagine, if you will, that a man or a woman has been appointed a member of a court. That person has joined an organization which, by constitution or by statute or by both, has been given form, size and function. The position provides security of tenure, an assured salary, and a pension upon due retirement or after a prescribed number of years of service. It demands a stated length of experience in law which has been underpinned by educational qualifications that any aspirant to membership of the Bar must meet. In my country, as in Great Britain and the United States, and as in Israel, the neophyte judge is neither a civil servant, as is the case elsewhere, nor has he joined a specialized branch of the executive government, as is also the case elsewhere. What faces him or her in his or her work, be it as a trial judge sitting alone or as an appellate judge sitting with two or four or more colleagues? To what extent does the judicial system, of which he or she is now part, absorb him or her, and how much freedom does he or she have, to remain or become an individual per se?
A Tribute to Sir Otto Kahn-Freund (1900–1979)
Authors: Livneh Ernst 
Published: February 2016

When I first met Otto Kahn-Freund in 1920, his charm made me his lifelong friend. His was the cheerfulness of a rich nature, but also a penetrating mind and the readiness to stand on his opinion and to express it forcefully.After the First World War Kahn-Freund studied history and, later on, law; partly at his home-town university Frankfurt-am-Main and partly in Heidelberg and Leipzig. In a circle of animated students he was one of the most remarkable. He finished his law studies in 1925 summa cum laude with a doctoral thesis on the effects of collective labour agreements. From early on labour law was one of the topics nearest to his interest, perhaps urged by his socialist conviction, certainly stimulated by our teacher Professor Hugo Sinzheimer. Kahn-Freund belonged to the inner circle of Sinzheimer's pupils and also worked some time in his advocate's practice. Labour law was to become a leitmotif in Kahn-Freund's own professional way, up to his last work—a series of lectures he called “Labour Relations —Heritage and Adjustment”, which he held in 1978 in the British Academy under the auspices of the Thanksgiving Offering to Britain Fund donated by Jewish refugees settled in England (the lectures were published in 1979).
Some Observations on the Current Growth of the Law
Authors: Lasker Morris E. 
Published: February 2016

Travel is a great teacher. It focuses our attention by compelling comparisons between the unfamiliar and the familiar. It develops perspective by inviting the measurement of differences and similarities between what we see before us and what we have left behind.In visiting the brave new world of Israel, Americans note many features different from our own country and some that remind us of home. As to our attitude towards the law, however, there is no doubt that in spite of our very different histories we march to the same drummer with you. Israel and America are both law-based societies. We share in common the fundamental belief that no ordered society can exist or thrive except under the law, that all persons (including the state) are equal under law, and that individual liberty is dependent on the law and on its fair and steady enforcement by judges independent of the other branches of government.
Circumvention of the Law in Talmudic Literature
Authors: Shilo Shmuel 
Published: February 2016

A cursory examination of the Talmudic sources relating to circumvention of the law is sufficient to show that two approaches exist, one affirmative and permitting it and one negative and forbidding it. “A person may contrive to bring his produce in whilst still in its chaff so that his animal may eat it without its becoming liable to tithe”. “A person may contrivingly mix his grain with stubble in order to exempt it from tithe”. There are many similar dicta. On the other hand, for example, in theTosefta Taharotwe find in a number of matters “provided he does not act contrivedly for if he does they are impure”.Can these sources be reconciled to give a more or less clear picture of the way in which the rabbis approached the question of circumvention of the law? Rosh (R. Asher b. Yehiel, Germany, Spain c. 1250–1327), for instance, conscious of the attendant difficulties, observed with regard to rules of rabbinical provenance: “Not every circumvention… is the same. Some are generally permitted… Others are permitted only to students of the law… Still others are entirely forbidden and the rabbis treat them more rigorously than deliberate acts… And then there are those over which opinion is divided”. Rosh thus sets out the problem but suggests no solution. In the view of the present writer the sources lend themselves to systematic explanation which rebuts the remark of Rashba (R. Solomon Ibn Abraham Adret, Spain c. 1235–1310) that no two cases of circumvention are alike.
Abuse of Process
Authors: Ginossar Shalev 
Published: February 2016

Legal procedure does not enjoy great popularity. The layman resents it, since it prevents him from conducting his case by himself and forces him to resort to professional advocates. But even the jurist's attitudes to procedure is far from positive: he sees it as a mere “adjective” branch of the law that detracts from the importance of “substantive” law. Moreover, it has often emerged that the labyrinth of procedure does not lead to the triumph of the substantive law, but rather to the perversion of justice. A person expert in procedure has, as it were, wide scope in which to prevent, or, at least to distort, the revelation of the truth.From time to time, a judge may be heard speaking out against such abuse of legal process, but mostly, his is a voice crying out in the wilderness.
New Identity Politics and the 2012 Collapse of Nepal's Constituent Assembly: When the dominant becomes ‘other’
Authors: ADHIKARI KRISHNA P. , GELLNER DAVID N. 
Published: February 2016

AbstractThis article explores the politicization of ethnicity in Nepal since 1990. In particular it looks at how ideas of indigeneity have become increasingly powerful, leading to Nepal becoming the first and—to date—only Asian country to have signed International Labour Organization Convention number 169 (hereafter ILO 169). The rise of ethnic politics, and in particular the reactive rise of a new kind of ethnicity on the part of the ‘dominant’ groups—Bahuns (Brahmans) and Chhetris (Kshatriyas)—is the key to understanding why the first Constituent Assembly in Nepal ran out of time and collapsed at the end of May 2012. This collapse occurred after four years and four extensions of time, despite historic and unprecedentedly inclusive elections in April 2008 and a successful peace process that put an end to a ten-year civil war.
Factors influencing the decision to move schools at the end of year 10
Authors: Warton Pamela M. , Cooney George H. 
Published: February 2016

Acknowledgements: This research was funded by a small Australian Research Council grant to the authors. We wish to thank the students, principals and staff of the participating schools for their ready cooperation and Ms Fran Brew for her assistance on this project. It has been assumed that the dezoning policy in the NSW public school system would lead to increased opportunities for students and increased mobility between schools in the senior years as students change schools to obtain a preferred set of subject choices. This paper investigates such issues by asking a sample of 1048 year 10 students about both subject choice and their intended school for the senior years. Students who expected to change schools or who intended to remain at the same school despite a subject mismatch were asked for the reasons for this decision. Subject choice plays a relatively unimportant role. Overall, there is great hesitation to change schools unless there are clearly perceived benefits, such as changing to a Senior High School. Implications for the advising of year 10 students by Careers and Guidance Officers are discussed.
Suicide prevention and schools
Authors: Cantor Chris 
Published: February 2016

I recently heard of a principal who had been enthusiastically promoting a suicide prevention program in his school. The program had been going for two years and was considered effective. It was a small school and I calculated that statistically one suicide might be expected every 15 years. The claim for efficacy regarding suicide prevention seemed premature although the program may have been helpful in other ways.A recent analysis of the efficacy of state initiatives in the USA addressing youth suicide reported encouraging results with most (non-school) initiatives (Lester, 1992). However, with school programs the more students exposed, the greater the increase in youth suicide rates was found. School initiatives in this area seem to have an abundance of enthusiasm and goodwill but have lacked the critical appraisal necessary for success. It is time for enthusiastic chaos to be replaced with more level-headed approaches.
Attention deficit disorder: A creation of the medical profession?
Authors: Baker Judy 
Published: February 2016

They can't sit stilly they don't pay attention to the teacher; they mess around and get into trouble; they try to get others into trouble; they are rude; they get mad when they don't get their way; and they say they can beat everybody up (Whalen & Henker, 1991, p.216).There would not be too many amongst us who have not had first hand experience with a child of this description in a class at some time during our teaching career. Whether this disorder is formally labelled or not, it is difficult to deny that these children exist, and as professionals we should acquaint ourselves with the details presented here. You read the evidence and decide!The act of labelling is always wrought with uncertainties, as the mercurial history of Attention Deficit Disorder (now called Attention Deficit Hyperactivity Disorder-ADHD) reveals. Controversy has raged for years over the recognition, classification, naming, etiology and intervention of this disorder, resulting in a hotchpotch of treatments by professionals from the medical, educational and psychological fields (Whalen & Henker, 1991). Research has been prolific but results have been conflicting and controversial, especially in terms of overlap that occurs between ADHD and other disorders.
Preparation of a shortened version of the Mathematics Anxiety Rating Scale-Adolescents (MARS-A)
Authors: Sherrington Judy 
Published: February 2016

The measure of mathematics anxiety most widely used in screening and as a before and after measure to evaluate the impact of interventions is the Mathematics Anxiety Rating Scale (MARS) devised by Suinn, Edie, Nicoletti, and Spinelli (1972). Alexander and Cobb (1987), Hunsley (1987), Richardson and Suinn (1972), Trent and Fournet (1987), Hadfield and Maddux (1988), Ferguson (1986), and Dew, Galassi and Galassi (1984), have used it; Wigfield and Meece (1988) refer to it as the most frequently used measure of mathematics anxiety; and Englehard (1990) recommends its use by future researchers. It was given qualified approval in a review by Hannafin (1985), and though Knapp's review (1985) was rather negative, he does concede that it has little or no competition.Suinn and Edwards (1982) produced a version of the scale for adolescents (MARS-A). As noted by Hannafin (1985), it is virtually indistinguishable from the original, the differences involving minor and infrequent word substitutions.According to Suinn (1979, p.2):The MARS-A can be used to screen individual students in order to plan their placements in special mathematics courses, provide counseling, or provide for intervention through programs such as desensitization for anxiety. Typically, a value above the 75% level would indicate the student is eligible for attention of this type, however a school may wish to develop its own norms or cut-off scores.The MARS-A can also be used as a measure for evaluating programs. It could be administered prior to a new counseling program or curriculum change, and readministered later to determine the effects of the program. Finally, the MARS-A may be used as a part of direct research on mathematics anxiety. For example, it would be a useful measure in studies which examine the role of curriculum content, parental characteristics, extracurricular activities, etc., influencing mathematics anxiety.
Inclusion in action: One school's response
Authors: Waltisbuhl Susan 
Published: February 2016

The Monkland Integration Program (MIP) was designed to provide appropriate education for students of primary school age with various disabilities through a regular class program (Penn, Stephens & Quadrio, 1992). The group would progress through the school with their peers thus affording parents with a possible seven year placement at one school. The specialist teacher would be chiefly responsible for monitoring each placement, recommending modifications as necessary. Commonwealth funding would support the program both financially and through the allocation of an aide primarily for the group. Monkland's School Development Plan would incorporate the needs of this group also.The paper by Penn et al. (1992) looked at the planning and implementation of the project from the organisational perspective, while this paper provides a report from the classroom teacher's perspective.A ceiling for the total group was set at eight members with an option to use those places as full or part-time positions. This opened the program at Monkland to parents with children in other settings as an opportunity for social involvement with age-peers.Four children arrived to begin school initially in Term one of 1991. They were enrolled to join a Year One/Two class with a population reflecting any other class yet containing some children particularly particularly recognised as good role models and some with learning difficulties. (Class total was 25 full-time pupils.) The class was staffed at this time by two teachers (one regular teacher and one specialist teacher), and fifteen hours/ week aide time.
Differentiating Among Delinquent, At-Risk, and Not At-Risk Adolescents Using a Multidimensional Model of Self-Concept
Authors: Bianco Tania Marie , Houghton Stephen , French Davina , Fernandez Miguel 
Published: February 2016

This exploratory study sought to differentiate 24 delinquent, 30 at-risk and 30 not at-risk adolescent males according to a multidimensional model of self-concept. Participants completed the Song and Hattie Test of Self-Concept (1992), which consists of seven dimensions of self-concept; namely, achievement self-concept, ability self-concept, classroom self-concept, family self-concept, peer self-concept, physical self-concept and confidence in self.Significant differences between the not at-risk, at-risk and delinquent groups were found across six of the seven dimensions of self-concept. Implications of these findings suggest an effective procedure for differentiating between not at-risk and at-risk youth within the school context, prior to involvement with the Juvenile Justice system. The implications for intervention are discussed.
Living mulch for weed management in organic vegetable cropping systems under Mediterranean and North European conditions
Authors: Ciaccia Corrado , Kristensen Hanne Lakkenborg , Campanelli Gabriele , Xie Yue , Testani Elena , Leteo Fabrizio , Canali Stefano 
Published: February 2016

AbstractThe aim of this study was to investigate the effect of growing in-season agro-ecological service crops as living mulch (LM) with vegetable crops, exploiting their potential to suppress weeds by filling the ecological niches otherwise occupied by weeds. Two field experiments were carried out in Denmark and Italy to compare different LM introduction strategies in organic vegetable cropping systems. In Denmark, leek (Allium porrumL.) was grown with dyers woad (Isatis tinctoriaL.) LM strips, while cauliflower (Brassica oleraceaL. var.botrytis) was intercropped with a broad sowed burr medic (Medicago polimorphaL., var. anglona) in Italy. Two LM times of sowing relative to cash crop transplanting––an early sowing (es LM) and a late sowing (ls LM)––were compared with a control with no LM (no LM). The effects of LM treatment on crop competitiveness, LM smother effect and weed populations were evaluated by direct measurement, visual estimation and competitive index methods. Comparison among hybrid and open pollinated cultivar responses to LM introduction was also performed. Results showed a significant higher cash crop biomass in ls LM than in es LM, with comparable yield to the weeded controls, except for es LM in Italy. Moreover, in the Danish experiment, the LM and weed biomasses were up to 5 times lower in the es LM and ls LM treatments than the weed biomass alone in no LM treatment. Reduction in weed biomass and abundance was observed also in ls LM in the Italian trial. Similarly, the competitive balance (Cb), which quantifies the ability of the cash crop to compete with neighbours, was higher in the es LM (+0.29) and ls LM (+0.72) compared with unweeded no LM control (−0.86) in Denmark. In the Italian experiment, the cauliflower showed more competitive ability against neighbours in ls LM (+0.53) and was a weak competitor in es LM (−1.51). The cash crop had higher competitive ability against LM (Cbc-lm) when sowing was more delayed in both experiments, while, in the Italian trial, the LM was more competitive against weeds (Cblm-w) in ls LM (+1.54) than in es LM (−0.41). The slight differences observed for biomass and competitive ability between the tested cultivars, highlighted similar suitability of both hybrid and open-pollinated cultivars to grow with LM. Our findings suggest the viability of the introduced LM in managing weeds and avoiding a smother effect on the crop, with particular effectiveness with delayed LM sowing.
A novel methodology to assess land-based food self-reliance in the Southwest British Columbia bioregion
Authors: Dorward Caitlin , Smukler Sean Michael , Mullinix Kent 
Published: February 2016

AbstractThere is a growing awareness that climate change, economic instability, resource limitations and population growth are impacting the capacity of the contemporary global food system to meet human nutrition needs. Although there is widespread recognition that food systems must evolve in the face of these issues, a polarized debate has emerged around the merit of global-versus-local approaches to this evolution. Local food system advocates argue that increasing food self-reliance will concomitantly benefit human health, the environment and local economies, while critics argue that only a globalized system will produce enough calories to efficiently and economically feed the world. This debate is strong in British Columbia (BC), Canada, where residents and food security experts have called for increased food self-reliance while the provincial government largely supports export-oriented agriculture. As elsewhere, however, in BC this debate takes place in absence of an understanding of capacity for food self-reliance. The few studies that have previously evaluated self-reliance in this region have been limited in their approach in a number of ways. In this study we use a novel methodology to assess current (2011) status of land-based food self-reliance for a diet satisfying nutritional recommendations and food preferences that accounts for seasonality of crop production and the source of livestock feed, and applied it to the Southwest BC bioregion (SWBC) as a case study. We found that agricultural land use in SWBC is dominated by hay, pasture and corn silage, followed by fruits and vegetables. Fruit and vegetable production comprise 87% of total food crop production in SWBC by weight, and a substantial amount is produced in quantities beyond SWBC need per crop type, representing an export focused commodity with limited contribution to food self-reliance. Results illustrate that SWBC is a major producer of livestock products, but these industries rely on feed grain imports. The production of feed grain could therefore be considered a major constraint on self-reliance; SWBC's total dietary self-reliance is 12% if discounting livestock feed imports or 40% if including them. Results demonstrate that a diet including foods that cannot be grown in the region or consumed fresh out of season, limits potential food self-reliance. Our methods reveal the value of factoring dietary recommendations and food consumption patterns into food self-reliance assessments and the necessity of accounting for the source of livestock feed to fully understand the self-reliance status of a region.