691 research outputs found
Transformer Man: An Exploration of Disability in Neil Youngâs Life and Music
This article begins with a short personal narrative of my own struggles growing up with a form of cerebral palsy (right hemiplegia), and the way music â and in particular Neil Youngâs songs â provided a crucial emotional and cathartic outlet for me. I then examine Neil Youngâs intimate personal connection with disability, including his own struggles with polio and epilepsy and his experiences raising his two sons Zeke and Ben, both of whom have cerebral palsy (one milder, one quite severe). I delve into many of Neilâs songs that either subtly or explicitly explore issues of disability and difference, such as Mr. Soul and Transformer Man. I conclude by recounting my experience attending the Bridge School Benefit, an annual concert put on by Neil and his wife Pegi to raise funds for the school they founded for disabled children. In sum, this article will attempt to capture something of the way in which Neil Young and other artists have created music that is both personally therapeutic and collectively empowering for members of the disabled community
A v. Haifa Regional Rabbinical Court
[This abstract is not part of the Court\u27s opinion and is provided for the reader\u27s convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]
A petition against the judgment of the Great Rabbinical Court dealing with the issue of specific co-ownership of the residential home that was brought into the marriage by the husband and registered in his name. The petition raises the question of intervention by the High Court of Justice in the judgment of the Great Rabbinical Court due to the fact that weight was accorded to the alleged infidelity of the wife.
Background: the parties are subject to the property regime under the Spouses (Property Relations) Law. The couple lived in the house with their children for over 20 years, until they divorced. The wife (the Petitioner) claimed co-ownership of the property; the husband claimed that the property was entirely his. The Regional Rabbinical Court accepted the wifeâs position, but on appeal, the Great Rabbinical Court ruled by majority that the Petitioner had no share in the plot or the house. The Petitioner argued that among the considerations for denying the partnership, the Great Rabbinical Court accorded weight to the factual claim that the wife was unfaithful to her husband while still married to him. In this, she argued, the Rabbinical Court applied religious law to the matter of specific co-ownership in a residential home, thus acting ultra vires.
The High Court of Justice, (per Justice D. Mintz, Justice A. Stein concurring, Justice I. Amit dissenting) denied the petition for the following reasons:
Justice D. Mintz (delivering the opinion of the Court): The judgment of the Great Rabbinical Court was based upon a factual finding that co-ownership of the property was not proved, due to the absence of âadditional supporting evidenceâ to prove the partnership (per Judge Amos), or due to the absence of an âassessment as to the intention or partnership or giftâ (per Judge Nahari), or due to the absence of an âintention of co-ownershipâ (per Judge Almaliah). While the matter of the Petitionerâs alleged infidelity was mentioned in the opinions of Judges Amos and Nahari, and Judge Nahari expressed the view that âthe act of infidelity creates an intention of non-partnership of the owner of the property vis-Ă -vis the person who was unfaithful to him, and this also applies elsewhere,â this is not enough to justify the intervention of the High Court of Justice in the judgment.
There is no dispute that the coupleâs property relations are governed by the Spouses (Property Relations) Law, according to which an external asset is excluded from the balancing of resources. However, spouses are not prevented from claiming ownership of assets by virtue of the general law, i.e. regular property law and contract law. For this purpose, and for the purpose of recognition of co-ownership of a particular asset, including the residential home that was brought into the marriage by one of the spouses, it is necessary to show additional factual circumstances beyond the existence of a long, common marital life. The question whether the intention of specific co-ownership was proved is factual, and must be proved by the person claiming it. It will be examined in accordance with the assessment of the wishes of the two parties, their express or implied agreement, and their life circumstances in relation to the specific asset. In the case of a residential home, a lesser amount of evidence is needed to prove co-ownership.
Just as the creation of the partnership is assessed along the axis of married life, the circumstances that indicate the absence of partnership are considered along the axis of married life, and âone is not punished for them retroactively.â In other words, the infidelity of one of the spouses cannot nullify co-ownership of property that crystallized prior to the adultery.
Prima facie, in the present case, the couple lived harmoniously for many years, and the alleged adultery of the Petitioner in the later years cannot be invoked to nullify co-ownership of property that had crystallized previously. However, Justice Mintz disagreed with the position adopted by Justice Amit whereby the three judges of the Great Rabbinical Court included adultery among the considerations for nullifying co-ownership of the asset, and that it was that conduct that tipped the scales against the Petitioner.
In Justice Mintzâs view, the opinions of Judges Amos and Almaliah and their reasoning demonstrate that their conclusion was not dependent upon the alleged adultery. Therefore, there are no grounds for saying that the conclusion of the majority in the Rabbinical Court was tainted by irrelevant considerations, or that the Rabbinical Court applied religious law to the property relations between the spouses. Therefore, the Rabbinical Court did not act ultra vires.
Since the Rabbinical Court did not act ultra vires, and given the limited scope of the intervention of the High Court of Justice in the decisions of the rabbinical courts, the case does not fall within the scope of those cases that justify the intervention of the Court, even on the assumption that the Rabbinical Court erred in its application of the law.
Justice A. Stein (concurring): The High Court of Justice does not intervene in the judgments of the rabbinical courts except in narrowly defined cases in which one of the following flaws is present: (1) ultra vires action; (2) clear departure from the provisions of the law that are directed at the religious court, which can be seen as acting ultra vires, or as an error of law that is clear and evident on the face of the judgment, which is equivalent to acting ultra vires, and (4) this Court reaches the conclusion that a petitioner ought to be given equitable relief that is not within the authority of another court.
Taking into consideration the claim of unfaithfulness as part of the facts relevant to the matter of implied partnership is not a facial error of law, and it certainly does not constitute an ultra vires act.
In the absence of an express agreement, the question of co-ownership of property in a particular case is a question of fact, and it may possibly be seen as a mixed question of law and fact. In order to answer this question, the judge must make factual findings concerning the existence or absence of an equal-rights partnership between the spouses in the specific asset in question. The High Court will not intervene in such findings.
The Court only examines whether the Rabbinical Court exceeded the boundaries of its authority.,
The change introduced by the Bavli ruling was the repeal of the old rule whereby âthe law follows the judgeâ. Accordingly, the rabbinical courts must decide property matters in accordance with the community property presumption as defined in the general law. The Bavli ruling transferred the property aspect of the laws of marriage and divorce from a regime of status to one of contract, which allows the couple to act as an autonomous unit and to determine the financial consequences of marriage and divorce by themselves and for themselves, subject to the protections against abuse provided in the Spouses (Property Relations) Law and in the general laws of contract.
The spousal relationship is an individual matter, not only on the emotional and intimate level, but also in regard to property. The autonomy of the relationship requires that the court adopt a neutral, equal attitude to all patterns of life between couples, and all property arrangements, as long as no exploitation prohibited by law is involved.
In addressing the question of partnership, the civil courts and the rabbinical courts must infer the existence or absence of an equal-rights partnership in a disputed asset from the coupleâs lifestyle and expectations. These expectations may include a condition of absolute sexual fidelity as a sine qua non for the agreement of one spouse to share his property equally with the other. Such a condition, insofar as it exists, must be respected and enforced by the secular and religious courts.
While Justice Stein agreed with Justice Amit that the law does not allow depriving a spouse of property due to infidelity, the present case concerns giving and not taking. It is a matter of examining whether the wife was granted a right that she had not acquired for herself, due to her marriage to the husband per se), and not of taking away the wifeâs property due to an act of âbetrayalâ or âadultery.â Whether such a right has or has not been granted is a matter of empirical fact, and not of guilt, punishment, justice or other consideration in the realm of norms, as distinct from facts. On this matter, the intention of the spouse who owns the asset is of the utmost importance. This intention might indicate a lack of desire to make the âunfaithfulâ spouse a partner in the asset, and the court is obliged to respect and enforce these intentions, too. This obligation exists by virtue of the transition to a contractual regime and the principle of autonomy of the relationship between spouses, which may be religious, secular, patriarchal, feminist, puritan or liberal according to the coupleâs choice.
Two of the three judges of the Rabbinical Court decided the question of co-ownership against the wife, after examining all the elements of the relationship from the perspective of an implied agreement. This included the act of âbetrayalâ by the wife as a consideration negating or nullifying the husbandâs intention to include her as an equal-rights partner in the house. For the above reasons, and by virtue of the talmudic rule âwhere a positive plea is met by an uncertain one, the positive plea prevails,â the Rabbinical Court was authorized to include this matter among its considerations. While the Rabbinical Court may have given the alleged infidelity too much weight, this has no bearing for judicial review of the High Court of Justice of the judgments of the religious courts, which is confined to the question of competence and to correcting fundamental errors.
Justice Amit (dissenting): The judgment of the Great Rabbinical Court takes us back to the days prior to the Bavli ruling. Inclusion of alleged âinfidelityâ in the courtâs considerations constitutes a clear departure from the law and is ultra vires.
In accordance with the Bavli ruling, the secular law applies to the distribution of property. The secular law severs matters of the sexual conduct of the parties from the property dispute between them. This is not to say that the subject of infidelity can never have ramifications for the property dispute between spouses, but the matter must be examined from the perspective of the secular law for the purpose of the question of whether the community property presumption or specific co-ownership in an asset should be applied.
Community property and specific co-ownership of an asset form at a certain point along the axis of married life. Even those who hold that weight should be attributed to the guilt of a spouse when dealing with property matters would agree that the impact of infidelity is from the particular point onward, and a distinction should be drawn between property that accumulated prior to the act of infidelity and property that accumulated from the date of infidelity and until the actual dissolution of the marriage.
In the present case, even according to the husband, the alleged infidelity of the Petitioner occurred in the last few months of the 31 years of their marriage. Therefore, it is puzzling as to how the infidelity could be included among the indications and facts for the purpose of deciding whether specific co-ownership has been created over the years. The weight given by the Rabbinical Court to the Petitionerâs alleged infidelity is contrary to the case law of the Court, whereby rights may not be negated retroactively. The Rabbinical Court acted contrary to the Bavli ruling and ultra vires.
In certain cases, the infidelity of one of the spouses may figure as one of the relevant facts in deciding whether specific co-ownership in a residential home that was brought into the marriage by one of the parties has been created. In general, where it has been proved that the âbetrayedâ spouse did not intend from the outset to share his property with the âbetrayingâ spouse (whether at all, or in the event of infidelity), this intention must be respected. As opposed to this, it is not possible to perform a âretoolingâ and to decide that once the spouse committed an adulterous act, we must assume that the âbetrayedâ spouse did not intend from the outset to share his property with herIn the present case there is no indication that the husband did not wish to share his property with the Petitioner in the case of infidelity. The Great Rabbinical Courtâs judgment states that in practice, in any case of adultery, it can be found that there was no intention of partnership.
The High Court of Justice held a further consideration (diyyun nosaf) in this case, with a panel of nice justices. This further round was initiated by the Rackman Center of Bar Ilan University
Critical early events in hematopoietic cell seeding and engraftment.
Durable hematopoietic stem cell engraftment requires efficient homing to and seeding in the recipient bone marrow. Dissection of cellular and molecular mechanisms by retrospective analysis of functional engraftment studies imposes severe limitations on the understanding of the early stages of this process. We have established an experimental approach for in vivo functional imaging of labeled cells at the level of recipient bone marrow in real time. The adhesive interaction of hematopoietic cells with the bone marrow stroma evolves as the most important early event. Adhesion to the marrow, rather than the vascular endothelium, determines the efficiency of both homing and seeding, and is absolutely essential to maintain cell viability in the marrow. Seeding and engraftment may be improved either by bypassing homing or by localized transplant of a large number of cells in a relatively small marrow space. There is functional redundancy in the molecular pathways that mediate the cell-stroma interaction, such that blockage of a single pathway has only minor effect on homing and seeding. We hypothesize that successfully seeding-engrafting cells undergo extensive phenotypic changes as a consequence of interaction with the stroma, without engaging in rapid proliferation. Surprisingly, Fas-ligand appears to promote hematopoietic cell engraftment by immunomodulatory and trophic effects
Perceived Recovery States and Physical Fitness in Reserve Officersâ Training Corps Cadets
Reserve Officersâ Training Corps (ROTC) cadets are challenged mentally, emotionally, and physically with the physical fitness requirements (e.g., Army Combat Fitness Test or ACFT) required within their military science curriculum. Common physical fitness tests such as those for strength, power, and balance can provide insight into the recovery and readiness status of tactical athletes. PURPOSE: The purpose of this study was to explore the relationship between scores on the Short Recovery and Stress Scale (SRSS) and performance on a physical fitness test battery assessing balance, mobility, body composition, muscular strength, and power in collegiate ROTC cadets. METHODS: Seventeen ROTC cadets (20.1 ± 1.2y, 171.1 ± 11.2cm, 76.7 ± 21.0kg) volunteered to participate in a test battery and complete the eight items on the SRSS during the same week they conducted the ACFT. The test battery included measures of body composition (skinfolds), muscular strength (hand-grip), power (vertical jump), balance (Y-Balance), and mobility (sit and reach test). The SRSS consisted of the short recovery scale (SRS) and the short stress scale (SSS). The SRS contains 4 items on physical (PPC) and mental performance capabilities (MPC), emotional balance and overall stress. The SSS contains 4 items on muscular stress (MS), lack of activation (LA), negative emotional state (NES), and overall stress (OS). Descriptive statistics and correlations were calculated using SPSS version 28 (IBM Corp, Armonk, NY). RESULTS: For the SRS, significant correlations were found between 1) vertical jump power and both PPC (r = 0.59, p = 0.02) and MPC (r = 0.74, p \u3c 0.01), 2) MPC and body composition (r = -0.64, p = 0.01), and 3) PPC and right hand-grip (r = 0.52, p = 0.03). For the SSS, significant correlations were found for 1) vertical jump power and MS (r = -0.59, p = 0.02), LA (r = -0.51, p = 0.04), and OS (r = -0.51, p = 0.04), 2) NES and Y-Balance composite score for the right side of the body (r = 0.57, p = 0.02), and 3) OS and body composition (r = 0.64, p = 0.01). CONCLUSION: Conducting regular physical tests such as hand grip strength or vertical jump to give ROTC cadets feedback on current performance status may help increase awareness of the impact of physical, mental and emotional stress on their readiness for the demanding requirements of the military science curriculum
Augmenting Hand and Arm Function for Persons with Hemiparesis
Background. Hand and arm dysfunction due to neural disorders significantly influences quality of life. Activity-based training has been found to improve function. These improvements could be augmented with transcutaneous spinal cord stimulation (tSCS) due to the modulatory effect it has on spinal and supraspinal networks. Objective. The primary aim is to determine if a 4-week training program will improve hand and arm function. The secondary aim is to determine if the addition of tSCS to a second 4-week training session will further improve function. Design. This is a pre-posttest, controlled trial for persons 10-75 years of age, \u3e6 months post stroke or with unilateral cerebral palsy.Methods. Participants will engage in two 4-week training periods, 3x/week for 2 hours/day. The 1st period will include unimanual and bimanual training alone. The 2nd period will be augmented with low frequency tSCS to the C5-T1 spinal region. Stimulation intensity will be based on individual muscle activation during 3 tasks: 1) grip dynamometry; 2) grip-lift; and 3) target pointing. Outcome measures taken before, midway, and after training are: Canadian Occupational Performance Measure (COPM), dexterity, daylong arm use, grip/pinch strength, sensibility, questionnaires, bilateral hand/arm surface electromyography, and Upper Extremity Fugl-Meyer (UEFM). Results: Nine participants have completed the 1st 4-week training period without tSCS. Individual data reveals improvements in the COPM, Grip strength, dexterity, and the UEFM. Findings for other measures after the 1st period are mixed or in process. Conclusion: Preliminary findings from this ongoing study reveal that participants made improvements in most measures. The next phase of the study will determine if the addition of tSCS to training further augments hand and arm function
Effect of Breastfeeding Promotion on Early Childhood Caries and Breastfeeding Duration among 5 Year Old Children in Eastern Uganda: A Cluster Randomized Trial
Background
Although several studies have shown short term health benefits of exclusive breastfeeding (EBF), its long term consequences have not been studied extensively in low-income contexts. This study assessed the impact of an EBF promotion initiative for 6 months on early childhood caries (ECC) and breastfeeding duration in children aged 5 years in Mbale, Eastern Uganda.
Methods
Participants were recruited from the Ugandan site of the PROMISE- EBF cluster randomised trial (ClinicalTrials.gov no: NCT00397150). A total of 765 pregnant women from 24 clusters were included in the ratio 1:1 to receive peer counselled promotion of EBF as the intervention or standard of care. At the 5 year follow-up, ECC was recorded under field conditions using the World Health Organizationâs decayed missing filled tooth (dmft) index. Adjusted negative binomial and linear regression were used in the analysis.
Results
Mean breastfeeding duration in the intervention and control groups (n=417) were 21.8 (CI 20.7â22.9) and 21.3(CI 20.7â21.9) months, respectively. The mean dmft was 1.5 (standard deviation [SD] 2.9) and 1.7 (SD 2.9) in the intervention and control groups, respectively. Corresponding prevalence estimates of ECC were 38% and 41%. Negative binomial regression analysis adjusted for cluster effects and loss-to-follow-up by inverse probability weights (IPW) showed an incidence-rate ratio (IRR) of 0.91 (95% CI 0.65â1.2). Comparing the effect of the trial arm on breastfeeding duration showed a difference in months of 0.48 (-0.72 to 1.7).
Conclusion
PROMISE EBF trial did not impact on early childhood caries or breastfeeding duration at 5 years of age. This study contributes to the body of evidence that promotion of exclusive breastfeeding does not raise oral health concerns. However, the high burden of caries calls for efforts to improve the oral health condition in this setting
Perceived Recovery States and Physical Fitness in Reserve Officersâ Training Corps Cadets
Reserve Officersâ Training Corps (ROTC) cadets are challenged mentally, emotionally, and physically with the physical fitness requirements (e.g., Army Combat Fitness Test or ACFT) required within their military science curriculum. Common physical fitness tests such as those for strength, power, and balance can provide insight into the recovery and readiness status of tactical athletes. PURPOSE: The purpose of this study was to explore the relationship between scores on the Short Recovery and Stress Scale (SRSS) and performance on a physical fitness test battery assessing balance, mobility, body composition, muscular strength, and power in collegiate ROTC cadets. METHODS: Seventeen ROTC cadets (20.1 ± 1.2y, 171.1 ± 11.2cm, 76.7 ± 21.0kg) volunteered to participate in a test battery and complete the eight items on the SRSS during the same week they conducted the ACFT. The test battery included measures of body composition (skinfolds), muscular strength (hand grip) and power (countermovement vertical jump), balance (Y-Balance), and mobility (sit and reach test). The SRSS consisted of the short recovery scale (SRS) and the short stress scale (SSS). The SRS contains 4 items on physical (PPC) and mental performance capabilities (MPC), emotional balance and overall stress. The SSS contains 4 items on muscular stress (MS), lack of activation (LA), negative emotional state (NES), and overall stress (OS). Descriptive statistics and correlations were calculated using SPSS version 28 (IBM Corp, Armonk, NY), using an alpha significance level of p \u3c 0.05. RESULTS: For the SRS, significant correlations were found between 1) vertical jump power and both PPC and MPC (r = 0.59 and r = 0.74, respectively), 2) MPC and body composition (r = -0.64), and 3) PPC and right hand-grip (r = 0.52). For the SSS, significant correlations were found for 1) vertical jump power and MS (r = -0.59), LA (r = -0.51), and OS (r = -0.51), 2) NES and Y-Balance composite score for the right side of the body (r = 0.57), and 3) OS and body composition (r = 0.57). CONCLUSION: Conducting regular physical tests such as hand grip strength or vertical jump to give ROTC cadets feedback on current performance status may help increase awareness of the impact of physical, mental, and emotional stress on their readiness for the demanding requirements of the military science curriculum
BV score differentiates viral from bacterial-viral co-infection in adenovirus PCR positive children
Background and objectives: Adenovirus causes acute respiratory illness that can mimic bacterial infection, making it challenging to differentiate adenoviral infection from adenoviral-bacterial co-infection. A host-protein score (BV score) for differentiating bacterial from viral infection that combines the expression levels of TNF-related apoptosis-induced ligand, interferon gamma-induced protein-10, and C-reactive protein exhibited a negative predictive value (NPV) of 98% in prior studies. Here we evaluate BV score's diagnostic accuracy in pediatrics with adenovirus PCR detection. Methods: This is a sub-analysis of children aged 3 months to 20 years with adenovirus PCR-positive infection recruited prospectively in two previous cohort studies. Reference standard diagnosis (bacterial, viral or indeterminate) was based on expert adjudication. BV score ranges from 0 to 100 and provides three results based on predefined cutoffs: viral or other non-bacterial etiology (0 †score < 35), equivocal (35 †score †65), and bacterial or co-infection (65 < score †100). Experts were blinded to BV results. Results: Out of 1,779 children, 142 had an adenovirus PCR-positive nasopharyngeal swab. Median age was 1.2 years (interquartile range 0.6â1.8), 50.7% were male and 52.8% were hospitalized. 12 cases were reference standard bacterial, 115 reference standard viral and 15 were indeterminate. BV score attained sensitivity of 100.0% (no false negatives), specificity of 89.5% (95% confidence interval: 83.2â95.8), and NPV of 100.0% (92.6â100.0). Equivocal rate was 19.7%. Conclusions: BV score accurately differentiated between adenoviral and bacterial-adenoviral co-infection in this cohort of children with PCR-positive adenovirus detection. This performance supports a potential to improve appropriate antibiotic use
Movement for Quality Government v. Knesset
Movement for Quality Government v. Knesset concerned challenges to Amendment No. 3 to Basic Law: The Judiciary (the âreasonableness amendmentâ). In view of the controversy surrounding the amendment and the fundamental constitutional question it raised in regard to the Supreme Courtâs jurisdiction to review Basic Laws, the Court took the unprecedented step of sitting en banc. A translation of the official abstract issued by the Court appears here.
On January 1, 2024, a majority of the Court (12 of 15 justices) held that the Court held the authority to conduct judicial review of Basic Laws and to intervene in exceptional, extreme cases in which the Knesset deviated from its constituent authority.
A majority of the Court (8 of 15 justices) further held that Amendment No. 3 to Basic Law: The Judiciary represented an extreme deviation from the Knessetâs constituent authority that left no alternative but to declare the amendment void
Movement for Quality Government in Israel v. The Knesset
Movement for Quality Government v. Knesset concerns challenges to Amendment No. 3 to Basic Law: The Judiciary (the âreasonableness amendmentâ). In view of the controversy surrounding the amendment and the fundamental constitutional question it raised in regard to the Supreme Courtâs jurisdiction to review Basic Laws, the Court took the unprecedented step of sitting en banc. We translate here Chief Justice Hayut\u27s majority opinion.
On January 1, 2024, a majority of the Court (12 of 15 justices) held that the Court held the authority to conduct judicial review of Basic Laws and to intervene in exceptional, extreme cases in which the Knesset deviated from its constituent authority. A majority of the Court (8 of 15 justices) further held that Amendment No. 3 to Basic Law: The Judiciary represented an extreme deviation from the Knessetâs constituent authority that left no alternative but to declare the amendment void
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