bluuebunny/crossref_metadata_2025 huggingface dataset:
The History of the Integration Through Law Project: Creating the Academic Expression of a Constitutional Legal Vision for Europe
Authors: Byberg Rebekka
Published: March 2019

The history of the “Integration through Law” (ITL) project, conducted by Mauro Cappelletti at the European University Institute in the late 1970s and 1980s, unfolded in this Article, provides clarity on the nature of the power-knowledge nexus in European law, as it pulls the curtain on the close collaboration between academia and the Community institutions in the ITL project. It demonstrates that the ITL was an academic expression of a constitutional vision, which had flourished in the Commission and the European Court of Justice (ECJ) for decades, but had never truly been adopted in the emerging academic discipline of European law. Alongside the studies of Eric Stein, the ITL project was the impetus behind the constitutional discourse in academia turning into a paradigm in the 1980s, but the ITL project had an unparalleled impact. Firstly, because of the scholarly environment at the European University Institute (EUI), and secondly, because of the notion of “Integration through Law,” which has proved to be an extremely powerful concept, providing a field of scholars, law professors, civil servants from the Community institutions, and ECJ judges with a flattering self-image and a raison d'être expressed in three little words.
Constitutional Identity in the Age of Global Migration
Authors: Bast Jürgen , Orgad Liav
Published: March 2019

Global migration yields political shifts of historical significance, profoundly shaking up world politics as manifested by the European refugee crisis, the Brexit referendum, and throughout the US election. The refugee crisis—which, from a human rights perspective, is first and foremost a crisis of protection—has enhanced the already-existing discussion on justifiable and unjustifiable attempts by nation-states to safeguard their constitutional “essentials” by reinforcing border controls and using selective immigration and citizenship policies. How can liberal states, or a supranational Union formed by such states, welcome immigrants and treat refugees as future denizens without fundamentally changing their constitutional identity, forsaking their liberal tradition, or slipping into populist nationalism? This question is one of the greatest contemporary challenges in constitutional law and theory nowadays.
Opening the Ranks of Constitutional Subjects: Immigration, Identity, and Innovation in Italy and Canada
Authors: Strumia Francesca , Kaushal Asha
Published: March 2019

The relationship between immigration and constitutional identity is simultaneously obvious and evasive. This Article explores that relationship through a comparative case study of Italy and Canada. It begins with a conceptual analysis of the role of immigration against the backdrop of collective identity, constitutional identity, and constitutional subjectivity. The metaphor of immigration as a mirror of constitutional identity orients this analysis. Then, an empirical comparison of the role of immigration in Italy and Canada demonstrates the very different place of immigration in national and constitutional narratives of “self” and “other.” Yet, when the lens is widened to include their recent startup visa programs, their narratives start to converge as the new metonymy of innovation makes an appearance. This convergence marks a conceptual shift in constitutional identity: From immigration as mirror to immigration as display. As a tool of attraction for innovators, immigration law has both internal and external dimensions, which reverberate with implications for constitutional identity. Ultimately, the startup visa programs enlarge the constitutional “us” and make constitutional subjectivity more fluid.
Five Million Germans Come to Denmark—A Thought Experiment
Authors: Yakobson Alexander
Published: March 2019

How would Denmark react to a wave of mass immigration, numbering several million people, from Germany? The question is, needless to say, purely hypothetical—so much so that one may wonder whether posing it, as a thought experiment, can shed any light on real-life issues and controversies on immigration and integration. I would argue that it can, in some ways precisely because the imaginary case is so far removed from what actually happens. It can thus provide an opportunity for addressing some fundamental issues of immigration and modern nation state without the “distraction” caused by the context in which scholarly and public discussions on immigration—at any rate, in the West—are usually conducted.
The Substantive/Procedural Distinction: Law's Solution to the Problem ofJus Cogensin a World of Sovereign States
Authors: Hanna Mark P.
Published: March 2019

This Article uses social systems theory to examine the increased reliance on a distinction between substantive and procedural international law to resolve cases involving a conflict betweenjus cogensand state immunity. This presents the problem of an evolutionary relationship between international law and the complex differentiation of world society. International law is shown to be structurally related to the segmentary differentiation of states that underwrites modern society's functional differentiation. At the same time, it is shown to be structurally related to the increasing formulation of global norms that result from advanced functional differentiation. The Article then turns to examining the substantive/procedural law distinction as a solution to this dual functional reference problem. The distinction is shown to not only maintain the autopoiesis of law under these difficult conditions, but to also secure law's continued functional relevance in globalized society. This functionalist perspective is used to expose differences in the self-description and operation of international law, to point out how law has been blind to its own coding, and to highlight opportunities for programming law to respond in a more constructive manner to the challenges of globalization.
Statism, Secularism, Liberalism - Böckenförde's Contributions to German Staatsrechtslehre in the Light of Contemporary Challenges within and beyond the State
Authors: Künkler Mirjam , Stein Tine
Published: March 2019

This introduction lays out the rationale behind the special issue examining Böckenförde's concepts and arguments in light of contemporary crises of democracy. Considering the enormous challenges facing democracies today, how should one judge Böckenförde's optimistic view of the regulatory capabilities of the state? Is it irrelevant, given the de facto power of both supra- and non-state actors? Or does Böckenförde's view still possess explanatory value, as the state remains the most important political unit? The article consists of two parts. First, Böckenförde will be introduced as a thinker whose work centred on questions of statism, liberalism and secularism. He paid special attention to the relation between politics and religion in contexts of democratic statehood. In addition to his interest in these themes, his understanding of the constitution and constitutional interpretation will be sketched. Second, we will introduce the three topoi on which the articles of this special issue focus: Böckenförde's insistence that the state of exception ought to be constitutionalised by exploring the relevance of this proposition in four different jurisdictions; whether his model of democratic secularism as open encompassing neutrality can serve as a useful starting point to manage religious and social diversity; the future of Europe. Against this backdrop, the conclusion then aims to connect Böckenförde's ideas on relative homogeneity with the contemporary crises of democracy.
From Emergency Politics to Authoritarian Constitutionalism? The Legal and Political Costs of EU Financial Crisis Management
Authors: Suntrup Jan Christoph
Published: March 2019

In his lecture onThe Repressed State of Emergency, Ernst-Wolfgang Böckenförde argues for the constitutional possibility of a partial superimposition of certain laws in times of emergency. Repressing the state of emergency would ultimately lead to greater and more permanent damage to the rule of law and liberal rights. This warning bears some similarities to Giorgio Agamben's analysis of the emergence of a permanent state of emergency, which loses the feature of exceptionality by becoming “the dominant paradigm of government in contemporary politics.” Agamben thus proposes a shift from structure to practice, which focuses on the features of emergency politics instead of states of exceptions. The European Union's recent financial crisis is a promising object of research in this regard. After a brief discussion of Böckenförde's illuminating lecture on the repressed state of emergency, this Article will analyze a comment written by Böckenförde at the beginning of the Euro crisis. While this comment has sometimes been interpreted as an unconditional defense of unlawful emergency measures, a closer look at this statement reveals a much more nuanced argumentation. Böckenförde concurs with other legal scholars—such as Paul Kirchhof—in emphasizing the danger of an erosion of the rule of law through illegal measures. Böckenförde's intervention, however, leaves room for interpretation that this emergency action could—in principle and under specific circumstances—nevertheless be legitimate, although he was critical towards the handling of the crisis. On a more general level, this Article will discuss if the suspension of law can ever save the legal order it disregards. Next, the legality of EU crisis management—which has not been judged unanimously—will be scrutinized. At least, the circumvention and adaptation of EU primary law involved in this management has crucially changed the law of “normal affairs.” Finally, this Article will argue that the managerial style of emergency politics challenges the EU's project of “integration through law,” hollows out democratic procedures, and enforces, with its one-sided austerity policy, a form of economic integration that bears strong traces of an “authoritarian constitutionalism.”
The European Model of Transnational Democracy: A Tribute to Ernst-Wolfgang Böckenförde
Authors: Somek Alexander
Published: March 2019

Ernst-Wolfgang Böckenförde is one of the most eminent German constitutional theorists of the twentieth century. The following article connects with two themes that reappear in Böckenförde's writings. The first theme, which Böckenförde actually borrowed from Hermann Heller, is that democracy presupposes “relative homogeneity.” The second theme is that there would not be any principal objection against Europe growing into a nation state.
Financial Contracting in Crowdinvesting: Lessons from the German Market
Authors: Hornuf Lars , Klöhn Lars , Schilling Tobias
Published: March 2019

The present Article aims to shed light on the question whether crowdinvesting regulation should favor a specific legal form or contract type for crowdinvesting. To this end, it analyzes the conditions which legal forms and contract types must fulfill to be used in crowdinvesting. As crowdinvesting in Germany benefits from a high degree of contractual freedom, the Article gives an overview not only of the types but also of the contents of crowdinvesting contracts that are in use in Germany and traces how they have evolved. Based on a sample of 81% of all crowd financing in the German market, it evaluates 255 crowdinvesting campaigns held on 18 different platforms in the period from August 1, 2011 to December 31, 2015.
Taking More than They Give: MNE Tax Privateering and Apple's “Ocean” Income
Authors: Hansen Robin F.
Published: March 2019

Following a three-year investigation, on August 30, 2016, the European Commission (EC) released its decision in the Ireland-Apple State aid case. The EC found that Ireland had breached the Treaty on the Functioning of the European Union because the manner in which Ireland had determined the tax payable by two Apple subsidiaries was not consistent with the arm's length principle and/or it was not based on objective criteria. This meant that Ireland had selectively favored Apple and provided the firm with State aid. The EC decision provides an example of how aggressive multinational enterprise (MNE) tax minimization is anti-competitive. The Ireland-Apple case also provides an illustration of how a lack of transparency and incoherency in MNE definition contribute to aggressive MNE tax minimization. States' reactions to the EC decision are further telling because they show how MNE tax minimization engages the self-interest of States. This suggests that efforts to combat aggressive MNE tax minimization, such as the OECD's Base Erosion and Profit-Shifting Action Plan, face complex State motivations in effecting change on the international level. Profit haven States have the most to lose if MNE tax minimization is effectively addressed. In addition, MNE home States may be at times loath to support changes to the system which favors “their” MNEs at the expense of other States' tax revenues. It is as if some home States view MNEs as their privateers, with such MNEs operating internationally under the tacit approval of their home States to aggressively avoid paying taxes to other countries. Home State leadership may be mistaken in thinking that MNE tax minimization is in their favor because MNEs are largely free agents and aggressive MNE tax minimization is dearly costing nearly all states.
Mixed Signals of Europeanization: Revisiting the NPD Decision in Light of the European Court of Human Rights' Jurisprudence
Authors: Schuldt Lasse
Published: March 2019

The Article revisits the German Federal Constitutional Court's NPD decision and the concept of militant democracy regarding party bans in German constitutional law. It argues that the Court's new definition of the free democratic basic order approximates its jurisprudence to the standards developed by the European Court of Human Rights. The Article also compares the German and European standards for party bans. It assesses the respective required risks for democracy that a party needs to pose in order to justify a party ban. In this respect, it is argued that the German standard—though elevated—still falls short of the threshold under European human rights law. Finally, the NPD's anti-constitutional—but not unconstitutional—character is examined, and a recent constitutional amendment to exclude extremist political parties from party financing is evaluated.
Intra-EU Bilateral Investment Treaties and EU Law AfterAchmea: “Know Well What Leads You Forward and What Holds You Back”
Authors: Nagy Csongor István
Published: March 2019

This paper analyzes the compatibility of intra-EU bilateral investment treaties—intra-EU BITs—with EU law. The status and validity of intra-EU BITs gave rise to a heated debate in Europe, which culminated in the CJEU's recent controversial judgment inAchmea.This Article demonstrates that although the CJEU approached intra-EU BITs from the angle of federalism—where they are both redundant and illegitimate—the reality is that EU law does not provide for the kind of protection afforded by BITs. The paper gives both a positivist and a critical assessment of theAchmearuling. It argues that the judgment should be construed in the context of the underlying facts and, hence, notwithstanding the CJEU's apparently anti-arbitration attitude, its holding is rather narrow. It gives an alternative theory on intra-EU BITs' fit in the EU internal market—based on European reality—showing that the complete invalidation of intra-EU BITs is flawed because the overlap between BITs and EU law is merely partial: BITs address a subject EU law does not. This Article's central argument is that intra-EU BITs accelerate the internal market and, hence, their suppression does not lead the European integration further, but holds it back. Finally, this Article argues that the prevailing pattern of investment protection is a global scheme that cannot be arrested through regional unilateralism as essayed by the CJEU.
EU-US Digital Data Exchange to Combat Financial Crime: Fast is
the New Slow
Authors: Busser Els De
Published: March 2019

Criminal offenses with the most different modi operandi and levels of
complexity can generate digital evidence, whether or not the actual crime is
committed by using information and communication technology (ICT). The
digital data that could be used as evidence in a later criminal prosecution
is mostly in the hands of private companies who provide services on the
Internet. These companies often store their customers’ data on cloud servers
that are not necessarily located in the same jurisdiction as the company.
Law enforcement and prosecution authorities then need to take two steps that
are not exclusive for evidence of a digital nature. First, they need to
discover where the data is located—with which company and in which
jurisdiction. Second, they need to obtain the data. In considering digital
evidence, the last step, however, is complicated by new issues that form the
focus of this paper. The first concern is the practice by companies to
dynamically distribute data over globally spread data centers in the blink
of an eye. This is a practical concern as well as a legal concern. The
second issue is the slowness of the currently applicable international legal
framework that has not yet been updated to a fast-paced society where
increasingly more evidence is of a digital nature. The slowness of
traditional mutual legal assistance may be no news. The lack of a suitable
legal framework for competent authorities that need to obtain digital
evidence in a cross-border manner, nonetheless, creates a landscape of
diverse initiatives by individual states that try to remedy this situation.
A third issue is the position that companies are put in by the new EU
proposal to build a legal framework governing production orders for digital
evidence. With companies in the driver's seat of a cross-border evidence
gathering operation, guarantees of the traditional mutual legal assistance
framework seem to be dropped. A fourth issue is the position of data
protection safeguards. US based companies make for significant data
suppliers for criminal investigations conducted by EU based authorities.
Conflicting legal regimes affect the efficiency of data transfers as well as
the protection of personal data to citizens.
The Public and Private Sides of Harmonized Standards:James Elliott Construction v. Irish Asphalt
Authors: Cuccuru Pierluigi
Published: March 2019

InJames Elliott v. Irish Asphalt, the Court of Justice of the Union addresses the interplay between the EU legal order and harmonized standards—i.e. non-binding technical specifications for products drafted by private bodies upon request of the Commission. The judgment offers interesting insights from the public law and the private law points of view. This Article touches upon both aspects. First, it considers that the Court extends its jurisdiction over harmonized standards under Article 267 TFEU, thus paving the way for a deeper intersection between European judiciary and technical standardization. Second, the paper highlights the Court's understanding of the interplay between harmonized standards and national private law. In this latter regard, it is argued that a rigid separation between technical standards and legal provisions might be excessively formalistic considering the use of technical standards in practice.
The Strange Non-Death of Statism: Tracing the Ever Protracted Rise of Judicial Self-Government in France
Authors: Vauchez Antoine
Published: March 2019

The article explores the “strange non-death” of the French statist tradition in matters regarding the judiciary. It traces the formation of the specific French model of government of the judiciary describing the stronghold established by the duopole of the Cour de cassation and the ministry of justice's bureaucracy (the so-called Chancellerie) over time (1810-1993) and the failed attempt of the IVth Republic (1946-1958) to unsettle this power balance. It then considers the new context that emerged in the 1990s and analyzes successive reforms that have tried to undermine this deep-seated tradition. In the last part, the article provides an overall assessment of the impact of these reforms on the independence, accountability, and legitimacy of the French judiciary.
Contextual Analysis of Judicial Governance in Slovenia
Authors: Avbelj Matej
Published: March 2019

What is a real character of judicial (self)-government in Slovenia? Does it live up to the standards established in a well-ordered society, based on the established rule of law and consolidated democracy? This certainly is an impression that an external critical, but uniformed, observer develops when he or she approaches the legal regulation of judicial (self)-government in Slovenia. This also is an impression that has been perpetuated in academic and professional circles prior and after the enlargement of the EU. The article dispels this myth. It does so by providing a comprehensive assessment of all the bodies and processes involved in the judicial (self)-government in Slovenia. Contrary to the prevalent formalistic legal approach, which dominates the legal scholarship concerned with judicial governance and the courts more generally, the article relies on a socio-legal methodological approach. It therefore situates the system of judicial self-government in the Slovenian socio-political context in order to provide an insight into how the judicial self-government really works and to what an extent it falls short of the normative ideals prescribed by the Slovenian positive law.
Judicial Self-Government in Czechia: Europe's Black Sheep?
Authors: Blisa Adam , Papoušková Tereza , Urbániková Marína
Published: March 2019

This paper maps judicial self-government in Czechia and argues that although Czechia is sometimes perceived as a black sheep of Europe for not introducing any form of judicial council into its judicial system, there is in fact a substantial amount of judicial self-government exercised by several bodies, the most important being the court presidents, and it is therefore a mistake to conflate judicial self-government with judicial councils. The most notable changes to judicial self-government are then introduced and their impact on values crucial for the functioning of the judiciary assessed. And, as the judicial self-government in Czechia is primarily exercised by court presidents, the narrative of changes to judicial self-government and their impact is presented as a narrative of changes affecting court presidents and of their effects on the wider legal, social and political fields. The dominance of court presidents, built in part on informal powers, is a mixed blessing however, as it can have both positive and negative impact on the crucial values and may prove rather fragile in the future.
Recruiting European Judges in the Age of Judicial Self-Government
Authors: Spáč Samuel
Published: March 2019

Through the recruitment of judges — their selection and subsequent appointment – powerful actors control who enters the judicial ranks and under what circumstances. In this paper I address how are European judges recruited using examples from ten European countries, while paying special attention to the role of the judicial self-government in these processes. Indeed, there are differences between recruitment processes across Europe. In some countries, a central role in the judicial recruitment is played by judicial schools; elsewhere crucial powers belong to judicial councils and/or other bodies of judicial self-government; in the UK or Ireland some of these powers were vested in the hands of specialized bodies; whereas in other countries the process remains less formal with crucial powers resting in the hands of court presidents. Despite these differences, I choose to emphasize similarities recruitment processes share. They operate as funnels where the pool of candidates gradually decreases until only one (or few) remains and is eventually appointed. In order to assume judicial office one usually must (a) meet eligibility criteria, (b) get on selector's radar to be actively considered for the position, (c) get shortlisted for the position, (d) get selected, and (e) eventually appointed. Dividing the recruitment process into these stages, while paying attention to motivations of all involved actors, can help deepen our understanding of how judicial recruitment actually works and how formal and informal rules together shape the composition of judiciaries.
Failed Expectations: Does the Establishment of Judicial Councils Enhance Confidence in Courts?
Authors: Urbániková Marína , Šipulová Katarína
Published: March 2019

Judicial councils are often presented as a panacea for many disorders of judicial systems, including low public confidence in the judiciary. Nevertheless, the assessment of their impact has so far been neglected. The article offers a unique view on the relationship between judicial councils and the level of public confidence in courts. It draws a novel conceptual map of factors influencing public confidence in the judiciary, stressing its complex and multifaceted character. Situating the judicial councils on the map, it explores how they can help to potentially increase the level of public confidence in the judiciary, and assesses to what extent this has been true in the countries that have adopted them. The results reveal a considerable gap between the promises, expectations, and practice, and raise doubts about the ability of judicial councils to enhance confidence in courts. Judicial councils rarely manage to substantially improve institutional performance: they can enhance the quality of judicial systems which have already functioned quite well, but they do not tend to bring about change in the judicial systems that have been previously significantly flawed. The analysis of the longitudinal Eurobarometer data showed that, on average, the EU countries without judicial councils are better off in terms of public confidence. Although the existence of judicial councils does not make a difference regarding public confidence in the judiciary in the new EU member states, in the old EU member states, judicial systems with judicial councils enjoy lower levels of public confidence than the ones without them.
The Motivations of Individual Judges and How They Act as a Group
Authors: Dothan Shai
Published: March 2019

States have a significant influence on the selection of judges to international courts. This raises the concern that judges will be biased in favor of their home states, a concern backed by some empirical research. To counter that danger, international courts usually sit in large and diverse panels. Scholars have argued that this gives judges only rare occasions to tip the balance in favor of their home states. The problem begins, however, when judges start forming coalitions among themselves, giving judges with national biases a practical possibility to change the result of cases. To assess the magnitude of this threat to judicial independence, the paper draws on decades of scholarship in the field of judicial behavior. By understanding how judges behave, scholars can come closer to deciphering the true impact of judicial selection to international courts on international judgments.
“Critical Legal Thought: An American-German Debate” An Introduction at the Occasion of Its Republication in theGerman Law Journal25 Years Later
Authors: Zumbansen Peer
Published: March 2019

On the occasion of the republication of the “blue volume,” containing the proceedings of the 1986 “Critical Legal Thought: An American-German Debate” Conference at the University of Bremen Law School, much or little might be said as to the significance, promises or learned lessons of that event. The original conference conveners, like the editors of the ensuing volume, do much of that in the following pages. In fact, their recollection of the motivations and ideas driving the transatlantic event provides a marvelous view into the evolving mystery of legal thought, education and professionalism - on both sides of the Atlantic. The two accounts rightly embed the mid-1980s conference in a much larger historical context. Christian Joerges’ much-referenced account reaches back deep into the constituting phases of nineteenth-century German legal thought. David Trubek's essay is a thoughtful critical assessment of both the gaps and the overlaps between the German and the American legal cultures in the lead-up to and of the globalizing aftermath of the event.
Horseweed (Conyza canadensis) Suppression from Cover Crop Mixtures and Fall-Applied Residual Herbicides
Authors: Pittman Kara B. , Barney Jacob N. , Flessner Michael L.
Published: March 2019

Horseweed is a problematic weed to control, especially in no-tillage production. Increasing cases of herbicide resistance have exacerbated the problem, necessitating alternative control options and an integrated weed management approach. Field experiments were conducted to evaluate horseweed suppression from fall-planted cover crop monocultures and mixtures as well as two fall-applied residual herbicide treatments. Prior to cover crop termination, horseweed density was reduced by 88% to 96% from cover crops. At cover crop termination in late spring, cereal rye biomass was 7,671 kg ha–1, which was similar to cereal rye–containing mixtures (7,720 kg ha–1) but greater than legumes in monoculture (3,335 kg ha–1). After cover crops were terminated in late spring using a roller crimper, corn and soybeans were planted and horseweed was evaluated using density counts, visible ratings, and biomass collection until harvest. Forage radish winterkilled, offering no competition in late winter or biomass to contribute to horseweed suppression after termination. Excluding forage radish in monoculture, no difference in horseweed suppression was detected between cereal rye–containing cover crops and legumes (crimson clover and hairy vetch) in monoculture. Likewise, horseweed suppression was similar between monocultures and mixtures, with the exception of one site-year in which mixtures provided better suppression. In this experiment, the cover crop treatments performed as well as or better than the fall-applied residual herbicides, flumioxazin+paraquat and metribuzin+chlorimuron-ethyl. These results indicate that fall-planted cover crops are a viable option to suppress horseweed and can be an effective part of an integrated weed management program. Furthermore, cover crop mixtures can be used to gain the benefits of legume or brassica cover crop species without sacrificing horseweed suppression.
Changes in Groundwater Level Possibly Encourage Shallow Earthquakes in Central Australia: The 2016 Petermann Ranges Earthquake
Authors: Wang Shuai , Xu Wenbin , Xu Caijun , Yin Zhi , Bürgmann Roland , Liu Lin , Jiang Guoyan
Published: March 2019

The mechanisms of unusual shallow intraplate earthquakes that occasionally occur in stable cratons remain poorly understood. Here we analyze coseismic and postseismic displacement fields associated with the 2016 Petermann Ranges earthquake in central Australia using interferometric synthetic aperture radar data. The earthquake ruptured a previously unmapped fault and was dominated by thrust slip motion of up to 95 cm within the top 3 km of the crust. Postseismic deformation analysis suggests that a combination of poroelastic rebound and afterslip are responsible for the observed signals. The inferred afterslip overlapping spatially with the coseismic rupture highlights that the postseismic slip is coupled with the pore fluid flow around the fault zones. Analysis of historic groundwater‐level changes suggests that shallow seismicity around the Petermann Ranges may have been triggered by environmental stress perturbations due to the fluctuations of groundwater level; however, it is not easy to document statistical significance of this correlation.
Electron Density Profiles in the Upper Ionosphere of Mars From 11 Years of MARSIS Data: Variability Due to Seasons, Solar Cycle, and Crustal Magnetic Fields
Authors: Duru F. , Brain B. , Gurnett D. A. , Halekas J. , Morgan D. D. , Wilkinson C. J.
Published: March 2019

The Mars Advanced Radar for Subsurface and Ionosphere Sounding on board the Mars Express spacecraft measures the frequency of local plasma oscillations, which can be used to determine electron densities local to the spacecraft. This paper provides an overview of electron densities in the upper Martian ionosphere, obtained by investigating over 400,000 ionograms, during the course of about 11 years, corresponding to a full solar cycle. The data cover wide latitude and longitude ranges, 180° of solar zenith angle (SZA), and altitudes from about 250 to 1,550 km. The electron density profiles show large fluctuations within each orbit and also for any given altitude and SZA range. However, the median electron density is almost constant on the dayside at a fixed altitude range, with the exception of a dip at around 30° SZA, at altitudes between 300 and 600 km. A sudden drop in density is observed as the terminator is approached from the dayside. For a fixed SZA range, the median electron density decreases exponentially with increasing altitude. The high‐altitude scale height is composed of two exponential functions of SZA joined near the ionospheric terminator. The e‐folding height changes between 45 and 214 km from the subsolar point up to 120°, corresponding to effective temperatures between about 165 and 780 K. Solar activity has a clear effect on the median electron densities above 500 km and on e‐folding height. The median electron density is higher during northern winters, as well as above regions of strong crustal fields on the dayside.
Oceanic “Pump” Sends Small Carbon Particles to Twilight Zone
Authors: Stanley Sarah
Published: March 2019

Underwater gliders provide unprecedented, daily data that reveal new insights into how carbon gets from the atmosphere to the deep ocean.
Comparison of Satellite‐Derived Sea Surface Salinity Products from SMOS, Aquarius, and SMAP
Authors: Bao Senliang , Wang Huizan , Zhang Ren , Yan Hengqian , Chen Jian
Published: March 2019

Global sea surface salinity (SSS) has been obtained from space since 2009 by the Soil Moisture and Ocean Salinity (SMOS) mission and has been further enhanced by Aquarius in 2011 and Soil Moisture Active‐Passive (SMAP) missions in 2015. Due to the differences between SMOS, Aquarius, and SMAP in the instruments used, retrieval algorithms, and error correction strategies, the quality of their gridded products are different. In this paper, we have assessed the accuracy of three satellite products using in situ gridded data and buoy data. Compared with gridded in situ salinity measurements, the monthly Aquarius data are of the best quality, reaching the mission target accuracy (0.2 PSU) in the open ocean. SMOS and SMAP agree well with in situ data in the open ocean between 40°S and 40°N (root‐mean‐square deviation [RMSD]: SMOS 0.211 PSU, SMAP 0.233 PSU). The RMSD of SMAP is lower than that of SMOS at high latitudes, which may due to the fact that the roughness correction of SMAP is based on the Aquarius geophysical model function. Meanwhile, time series comparison of salinity measured at 1 m by moored buoys indicates that satellite SSS captures variability of SSS at weekly time scales with reasonably good accuracy (RMSD: SMOS 0.25 PSU, SMAP 0.26 PSU), when excluding suspicious buoy data. Synergetic analysis of satellite SSS and Argo data indicates that satellite SSS can be applied as real‐time quality control of buoy 1‐m salinity data.
Agricultural intensification reduces microbial network complexity and the abundance of keystone taxa in roots
Authors: Banerjee Samiran , Walder Florian , Büchi Lucie , Meyer Marcel , Held Alain Y , Gattinger Andreas , Keller Thomas , Charles Raphael , van der Heijden Marcel G A
Published: March 2019

Root-associated microbes play a key role in plant performance and productivity, making them important players in agroecosystems. So far, very few studies have assessed the impact of different farming systems on the root microbiota and it is still unclear whether agricultural intensification influences the structure and complexity of microbial communities. We investigated the impact of conventional, no-till, and organic farming on wheat root fungal communities using PacBio SMRT sequencing on samples collected from 60 farmlands in Switzerland. Organic farming harbored a much more complex fungal network with significantly higher connectivity than conventional and no-till farming systems. The abundance of keystone taxa was the highest under organic farming where agricultural intensification was the lowest. We also found a strong negative association (R2 = 0.366; P < 0.0001) between agricultural intensification and root fungal network connectivity. The occurrence of keystone taxa was best explained by soil phosphorus levels, bulk density, pH, and mycorrhizal colonization. The majority of keystone taxa are known to form arbuscular mycorrhizal associations with plants and belong to the orders Glomerales, Paraglomerales, and Diversisporales. Supporting this, the abundance of mycorrhizal fungi in roots and soils was also significantly higher under organic farming. To our knowledge, this is the first study to report mycorrhizal keystone taxa for agroecosystems, and we demonstrate that agricultural intensification reduces network complexity and the abundance of keystone taxa in the root microbiome.
CBFβ-MYH11 interferes with megakaryocyte differentiation via modulating a gene program that includes GATA2 and KLF1
Authors: Yi Guoqiang , Mandoli Amit , Jussen Laura , Tijchon Esther , van Bergen Maaike G. J. M. , Cordonnier Gaëlle , Hansen Marten , Kim Bowon , Nguyen Luan N. , Jansen Pascal W. T. C. , Vermeulen Michiel , van der Reijden Bert , van den Akker Emile , Bond Jonathan , Martens Joost H. A.
Published: March 2019

The inv(16) acute myeloid leukemia-associated CBFβ-MYH11 fusion is proposed to block normal myeloid differentiation, but whether this subtype of leukemia cells is poised for a unique cell lineage remains unclear. Here, we surveyed the functional consequences of CBFβ-MYH11 in primary inv(16) patient blasts, upon expression during hematopoietic differentiation in vitro and upon knockdown in cell lines by multi-omics profiling. Our results reveal that primary inv(16) AML cells share common transcriptomic signatures and epigenetic determiners with megakaryocytes and erythrocytes. Using in vitro differentiation systems, we reveal that CBFβ-MYH11 knockdown interferes with normal megakaryocyte maturation. Two pivotal regulators, GATA2 and KLF1, are identified to complementally occupy RUNX1-binding sites upon fusion protein knockdown, and overexpression of GATA2 partly induces a gene program involved in megakaryocyte-directed differentiation. Together, our findings suggest that in inv(16) leukemia, the CBFβ-MYH11 fusion inhibits primed megakaryopoiesis by attenuating expression of GATA2/KLF1 and interfering with a balanced transcriptional program involving these two factors.
HLA class II antibodies induce necrotic cell death in human endothelial cells via a lysosomal membrane permeabilization-mediated pathway
Authors: Aljabri Abid , Vijayan Vijith , Stankov Metodi , Nikolin Christoph , Figueiredo Constanca , Blasczyk Rainer , Becker Jan Ulrich , Linkermann Andreas , Immenschuh Stephan
Published: March 2019

Antibody-mediated rejection (AMR) is the major cause of allograft loss after solid organ transplantation. Circulating donor-specific antibodies against human leukocyte antigen (HLA), in particular HLA class II antibodies are critical for the pathogenesis of AMR via interactions with endothelial cells (ECs). To investigate the effects of HLA class II antibody ligation to the graft endothelium, a model of HLA-DR antibody-dependent stimulation was utilized in primary human ECs. Antibody ligation of HLA class II molecules in interferon-γ-treated ECs caused necrotic cell death without complement via a pathway that was independent of apoptosis and necroptosis. HLA-DR-mediated cell death was blocked by specific neutralization of antibody ligation with recombinant HLA class II protein and by lentiviral knockdown of HLA-DR in ECs. Importantly, HLA class II-mediated cytotoxicity was also induced by relevant native allele-specific antibodies from human allosera. Necrosis of ECs in response to HLA-DR ligation was mediated via hyperactivation of lysosomes, lysosomal membrane permeabilization (LMP), and release of cathepsins. Notably, LMP was caused by reorganization of the actin cytoskeleton. This was indicated by the finding that LMP and actin stress fiber formation by HLA-DR antibodies were both downregulated by the actin polymerization inhibitor cytochalasin D and inhibition of Rho GTPases, respectively. Finally, HLA-DR-dependent actin stress fiber formation and LMP led to mitochondrial stress, which was revealed by decreased mitochondrial membrane potential and generation of reactive oxygen species in ECs. Taken together, ligation of HLA class II antibodies to ECs induces necrotic cell death independent of apoptosis and necroptosis via a LMP-mediated pathway. These findings may enable novel therapeutic approaches for the treatment of AMR in solid organ transplantation.
Germline deletion of Cdyl causes teratozoospermia and progressive infertility in male mice
Authors: Xia Xiaoyu , Zhou Xiaowei , Quan Yanmei , Hu Yanqin , Xing Fengying , Li Zhengzheng , Xu Bufang , Xu Chen , Zhang Aijun
Published: March 2019

Chromodomain Y(CDY) is one of the candidate genes for male dyszoospermia related to Y chromosome microdeletion (YCM). However, the function of CDY in regulating spermatogenesis has not been completely determined. The mouseCdyl (CDY-like)gene is the homolog of humanCDY. In the present study, we generated a germline conditional knockout (cKO) model of mouseCdyl. Significantly, theCdylcKOmale mice suffered from the defects in spermatogonia maintenance and spermatozoon morphogenesis, demonstrating teratozoospermia and a progressive infertility phenotype in early adulthood. Importantly, patterns of specific histone methylation and acetylation were extensively changed, which disturbed the transcriptome inCdylcKOtestis. Our findings indicated thatCdylis crucial for spermatogenesis and male fertility, which provides novel insights into the function of CDY gene, as well as the pathogenesis of YCM-related reproductive failure.
Gpr174-deficient regulatory T cells decrease cytokine storm in septic mice
Authors: Qiu Dongze , Chu Xun , Hua Laiqing , Yang Yunke , Li Keyong , Han Yi , Yin Jun , Zhu Ming , Mu Sucheng , Sun Zhan , Tong Chaoyang , Song Zhenju
Published: March 2019

G protein-coupled receptor 174 (GPR174) is mainly expressed in thymus, spleen, lymph nodes, and leukocytes, and genetic variation in GPR174 is associated with susceptibility to autoimmune diseases, indicating that GPR174 is involved in the immune response. However, the function of GPR174 in regulating inflammatory responses against bacterial infection in sepsis remains unclear. In this study, we investigated the role of GPR174 in regulating suppressive function of regulatory T cells (Treg cells) and the underlying mechanism of Gpr174-deficient Treg cells in controlling cytokine storm of sepsis. We showed that Gpr174-dedicient mice were resistant to inflammatory shock induced by lipopolysaccharide (LPS) and cecal ligation and puncture (CLP). Moreover, Gpr174 was highly expressed in Treg cells, and its deficiency in mice promoted the expression of cytotoxic T lymphocyte associated antigen 4 (CTLA-4) and interleukin (IL)−10 in Treg cells. By using the LPS-induced sepsis model, we demonstrated that anti-inflammatory macrophages (M2 macrophages) induction was Treg cell-dependent and Gpr174-deficient Treg cells protected mice against sepsis-induced lung damage through prompting M2 macrophages polarization. In vitro, Gpr174-deficient Treg cells also promoted the polarization of macrophages toward M2 cells and dampened the secretions of pro-inflammatory cytokines (IL-6 and tumor necrosis factor-α (TNF-α)) in macrophages. In conclusion, these findings suggested that GPR174 plays an important role in the initial period of sepsis through the regulation of macrophage polarization and pro- and anti-inflammatory cytokine secretions. Therefore, GPR174 may be a promising target for therapeutic agents to regulate inflammatory disorders.
Spinon confinement and a sharp longitudinal mode in Yb2Pt2Pb in magnetic fields
Authors: Gannon W. J. , Zaliznyak I. A. , Wu L. S. , Feiguin A. E. , Tsvelik A. M. , Demmel F. , Qiu Y. , Copley J. R. D. , Kim M. S. , Aronson M. C.
Published: March 2019

The fundamental excitations in an antiferromagnetic chain of spins-1/2 are spinons, de-confined fractional quasiparticles that when combined in pairs, form a triplet excitation continuum. In an Ising-like spin chain the continuum is gapped and the ground state is Néel ordered. Here, we report high resolution neutron scattering experiments, which reveal how a magnetic field closes this gap and drives the spin chains in Yb2Pt2Pb to a critical, disordered Luttinger-liquid state. In Yb2Pt2Pb the effective spins-1/2 describe the dynamics of large, Ising-like Yb magnetic moments, ensuring that the measured excitations are exclusively longitudinal, which we find to be well described by time-dependent density matrix renormalization group calculations. The inter-chain coupling leads to the confinement of spinons, a condensed matter analog of quark confinement in quantum chromodynamics. Insensitive to transverse fluctuations, our measurements show how a gapless, dispersive longitudinal mode arises from confinement and evolves with magnetic order.
CRISPR-Cas9 genome editing induces megabase-scale chromosomal truncations
Authors: Cullot Grégoire , Boutin Julian , Toutain Jérôme , Prat Florence , Pennamen Perrine , Rooryck Caroline , Teichmann Martin , Rousseau Emilie , Lamrissi-Garcia Isabelle , Guyonnet-Duperat Véronique , Bibeyran Alice , Lalanne Magalie , Prouzet-Mauléon Valérie , Turcq Béatrice , Ged Cécile , Blouin Jean-Marc , Richard Emmanuel , Dabernat Sandrine , Moreau-Gaudry François , Bedel Aurélie
Published: March 2019

CRISPR-Cas9 is a promising technology for genome editing. Here we use Cas9 nuclease-induced double-strand break DNA (DSB) at the UROS locus to model and correct congenital erythropoietic porphyria. We demonstrate that homology-directed repair is rare compared with NHEJ pathway leading to on-target indels and causing unwanted dysfunctional protein. Moreover, we describe unexpected chromosomal truncations resulting from only one Cas9 nuclease-induced DSB in cell lines and primary cells by a p53-dependent mechanism. Altogether, these side effects may limit the promising perspectives of the CRISPR-Cas9 nuclease system for disease modeling and gene therapy. We show that the single nickase approach could be safer since it prevents on- and off-target indels and chromosomal truncations. These results demonstrate that the single nickase and not the nuclease approach is preferable, not only for modeling disease but also and more importantly for the safe management of future CRISPR-Cas9-mediated gene therapies.