164 research outputs found

    The Quest for Creative Jurisdiction: The Evolution of Personal Jurisdiction Doctrine of Israeli Courts Toward the Palestinian Territories

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    The thesis offered in this Article, marking three different stages in the development of the personal jurisdiction doctrine of Israeli courts toward the PT of the West Bank and the Gaza Strip, has two additional attributes. One concerns the doctrinal innovation in the general personal jurisdiction doctrine of Israeli courts that also took place as these different stages unfolded. The evolving status of the West Bank and the Gaza Strip over the years, together with the need of courts to reach conclusive results in the cases brought before them, made it necessary for courts to be creative in adjusting the existing rules of personal jurisdiction to apply to PT-related civil actions. This Article will illuminate these creative jurisdictional maneuvers and afford a theoretical appraisal of their significance

    The Public Policy Exception to the Enforcement of Forum Selection Clauses

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    When the United States Supreme Court validated the use of forum selection clauses in contracts, it carved out an exception based on the public policy of the forum court considering enforcement of the clause. The exception permits a forum court to invalidate a forum selection clause that directs the suit to a jurisdiction which would apply a law that contravenes an important public policy of the forum. Generally, in application, public policy is anything but clear and predictable, and has been compared to an unruly horse. This article attempts to bring clarity and predictability to the application of the public policy exception to the validation of forum selection clauses. It analyzes the different modes of analysis that courts use to determine the validity of forum clauses and the types of clauses that are susceptible to invalidation, with special attention placed on international agreements

    Zone of Passions: a Queer Re-imagining of Cyprus’s “No Man’s Land”

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    Focusing on a selection of literary and critical texts, this article explores the Dead Zone as a space that is decidedly queer in its undecidability, unspeakability, and resistance to normalisation; a landscape where desire, apprehension, and memory play themselves out. Rereading this zone as queer space allows us imaginings of Cyprus beyond the normalising regimes of the island’s north and south. And, such re-reading also invites a reconceptualisation of the Dead Zone as a profoundly ambiguous geographical site, political space, and imaginary topos

    The Quest for Creative Jurisdiction: The Evolution of Personal Jurisdiction Doctrine of Israeli Courts Toward the Palestinian Territories

    Get PDF
    The thesis offered in this Article, marking three different stages in the development of the personal jurisdiction doctrine of Israeli courts toward the PT of the West Bank and the Gaza Strip, has two additional attributes. One concerns the doctrinal innovation in the general personal jurisdiction doctrine of Israeli courts that also took place as these different stages unfolded. The evolving status of the West Bank and the Gaza Strip over the years, together with the need of courts to reach conclusive results in the cases brought before them, made it necessary for courts to be creative in adjusting the existing rules of personal jurisdiction to apply to PT-related civil actions. This Article will illuminate these creative jurisdictional maneuvers and afford a theoretical appraisal of their significance

    The Separate Nature of the Religious Accommodations for the Palestinian-Arab Minority in Israel

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    In Israel, religious identity can serve to identify the governing law in a number of circumstances such as those concerning family law. While there is no separation between religion and state in Israel, separation does exist in the nature and justification for the existing religious accommodations of the Jewish majority on the one hand and those of the Palestinian-Arab minority on the other hand. The article asserts that because of the Jewish nature of the State of Israel, almost all of the apparatuses governing the religion and state debate have centered around Judaism.Religious accommodations granted to the Palestinian-Arab minority and other groups were relegated to a separate realmthat of minority (group) accommodations.The result of this disparate treatment has led to a paradigm of separateness in religion and state relations in Israel.The political and legal environment in Israel has also reinforced this paradigm of separateness, especially in light of the national conflict that exists within and between the Palestinian-Arab minority in Israel and the State itself

    11^{11}B NMR detection of the magnetic field distribution in the mixed superconducting state of MgB2_2

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    The temperature dependence of the magnetic field distribution in the mixed superconducting phase of randomly oriented MgB2_2 powder was probed by 11% ^{11}B NMR spectroscopy. Below the temperature of the second critical (Bc2B_{% {c2}}) field, Tc227T_{{c2}}\approx 27K, our spectra reveal two NMR signal components, one mapping the magnetic field distribution in the mixed superconducting state and the other one arising from the normal state. The complementary use of bulk magnetization and NMR measurements reveals that MgB2_2 is an anisotropic superconductor with a Bc2c<2.35B_{c2}^c<2.35 Tesla anisotropy parameter γ6\gamma\approx 6

    Culture, Emotional Expression and Parental Socialization Strategies among Two-year-old Israeli Toddlers

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    One of the most important developments in childhood is the development of emotional expression and its regulation. The capacity for the deliberate modulation of one’s behavior and emotion develops mainly in the second year, and it is considered a key developmental milestone that markedly transforms the child’s ability to function in the social environment (Kochanska, Coy, & Murray, 2001; Maccoby, 2007). Social norms, established by culture, dictate how, where, when and to whom specific emotions are expressed (Garrett-Peters & Fox, 2007). These norms are specific rules taught in a specific culture and dictate which emotional expressions are socially desirable in certain social contexts, and are the basis for emotional regulation (Ekman & Friesen, 1975; Matsumoto, 1990). Previous studies have shown that there are cultural differences in emotional expression among various cultures (e.g., Garrett-Peters & Fox, 2007). The present study compares the type and intensity of the child’s emotional expression and parental practices of socialization in two ethnic groups: Israeli Jews and Arabs. This comparison was aimed to contribute to the existing scientific knowledge in this field, and provide insight into the differences and similarities between the ethnic models of emotions, as well as the practices of socialization strategies regarding regulating emotions and emotional behavior of children

    11^{11}B and 27^{27}Al NMR spin-lattice relaxation and Knight shift study of Mg1x_{1-x}Alx_xB2_2. Evidence for anisotropic Fermi surface

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    We report a detailed study of 11^{11}B and 27^{27}Al NMR spin-lattice relaxation rates (1/T11/T_1), as well as of 27^{27}Al Knight shift (K) of Mg1x_{1-x}Alx_xB2_2, 0x10\leq x\leq 1. The obtained (1/T1T1/T_1T) and K vs. x plots are in excellent agreement with ab initio calculations. This asserts experimentally the prediction that the Fermi surface is highly anisotropic, consisting mainly of hole-type 2-D cylindrical sheets from bonding 2px,y2p_{x,y} boron orbitals. It is also shown that the density of states at the Fermi level decreases sharply on Al doping and the 2-D sheets collapse at x0.55x\approx 0.55, where the superconductive phase disappears

    Changes in microbial (Bacteria and Archaea) plankton community structure after artificial dispersal in grazer-free microcosms

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    Microbes are considered to have a global distribution due to their high dispersal capabilities. However, our knowledge of the way geographically distant microbial communities assemble after dispersal in a new environment is limited. In this study, we examined whether communities would converge because similar taxa would be selected under the same environmental conditions, or would diverge because of initial community composition, after artificial dispersal. To this aim, a microcosm experiment was performed, in which the temporal changes in the composition and diversity of different prokaryoplankton assemblages from three distant geographic coastal areas (Banyuls-sur-Mer in northwest Mediterranean Sea, Pagasitikos Gulf in northeast Mediterranean and Woods Hole, MA, USA in the northwest Atlantic), were studied. Diversity was investigated using amplicon pyrosequencing of the V1-V3 hypervariable regions of the 16S rRNA. The three assemblages were grown separately in particle free and autoclaved Banyuls-sur-mer seawater at 18 °C in the dark. We found that the variability of prokaryoplankton community diversity (expressed as richness, evenness and dominance) as well as the composition were driven by patterns observed in Bacteria. Regarding community composition, similarities were found between treatments at family level. However, at the OTU level microbial communities from the three different original locations diverge rather than converge during incubation. It is suggested that slight differences in the composition of the initial prokaryoplankton communities, resulted in separate clusters the following days even when growth took place under identical abiotic conditions
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