bluuebunny/crossref_metadata_2025 huggingface dataset:
The European Arrest Warrant
Authors: Spencer John R
Published: October 2012

In broad terms, there are two approaches to returning suspects and convicted persons to the other countries where they are wanted, and would prefer for obvious reasons not to go.

One is what is called in the common law world ‘the backing of warrants’. Here, the authorities of the jurisdiction where the person is wanted issue their normal warrant of arrest, which is sent directly to the authorities of the jurisdiction where he is, who endorse it if it appears to be in order, and give it to their policemen to execute it as if it were their own. The suspect is then ‘lifted’, and handed over to the authorities of the country where he is wanted with the minimum of fuss—the unspoken premise being that the authorities of the requesting jurisdiction normally act lawfully and reasonably, and their arrest warrants can be taken at face value and acted upon unless a strong reason to the contrary can be given.
Enforcement of Cartel Law in Ireland
Authors: Calvani Terry
Published: October 2012

Scientists are quick to admonish lawyers that anecdotal evidence may suggest avenues for investigation, but that it is little more. Conscious of this admonition, I suggest that (1) the American cartel enforcement experience is successful, and (2) its success is attributable to the criminalisation of the offence. This view is shared by others and was important in the decisions by both Ireland and the United Kingdom to criminalise competition offences. Moreover, the American experience underlay proposals elsewhere to adopt similar legislation. After briefly reviewing deterrence generally and the current American model, this article discusses the implementation of a criminal enforcement regime in Ireland.
Unfair Competition or Consumer Protection? The Commission’s Unfair Commercial Practices Proposal 2003
Authors: Leistner Matthias
Published: October 2012

On 18 June 2003 the Commission presented its Proposal for a Directive concerning unfair business-to-consumer commercial practices in the Internal Market (the Unfair Commercial Practices Directive). The Unfair Commercial Practices Directive Proposal is based upon the Green Paper on European Union Consumer Protection of 2001 and the reactions to this document in the consultation process as laid down in the follow-up document of 2002. The Proposal tackles the field of unfair competition law insofar as the protection of consumers is concerned.
A Constitutional Court for Europe?
Authors: Arnull Anthony
Published: October 2012

The purpose of this article is to consider the effect of the draft Treaty establishing a Constitution for Europe on the European Court of Justice (ECJ). At the time of writing, the future of the draft Constitution is somewhat uncertain. Having been finalised by the Convention on the Future of Europe in the summer of 2003 and submitted to the then President of the European Council, it formed the basis for discussion at an intergovernmental conference (IGC) which opened in October 2003. Hopes that the text might be finalised by the end of the year were dashed when a meeting of the IGC in Brussels in December 2003 ended prematurely amid disagreement over the weighting of votes in the Council. However, it seems likely that a treaty equipping the European Union with a Constitution based on the Convention’s draft will in due course be adopted and that the provisions of the draft dealing with the ECJ will not be changed significantly. Even if either assumption proves misplaced, those provisions will remain of interest as reflecting one view of the position the ECJ might occupy in a constitutional order of the Union.
Judicial Review in EC and EU Law—Some Architectural Malfunctions and Design Improvements?
Authors: Gormley Laurence W.
Published: October 2012

From the point of view of an individual, rights conferred by a legal system are only effective and substantive if there are effective remedies available if those rights are infringed. In some instances, those remedies may be pre-emptive; but in most instances, they seek to deal with infringements of rights, or damage to interests, which have taken place.
The Quest for a Master Key to Control Parallel Imports
Authors: Govaere Inge
Published: October 2012

A lot of attention has been devoted in the past few years to attempts made by intellectual property owners to oppose parallel imports. This refers in particular to imports without their consent of goods placed by themselves, or with their consent, on the export market. The question is crucial as it is inherently linked to the quest for the key to control international trade flows and to restrict intra-brand competition in the country of importation.
Judicial Architecture at the Cross-Roads: Private Parties and Challenge to Ec Measures Post-Jégo Quéré
Authors: Ward Angela
Published: October 2012

This article maps out the channels at the disposal of private parties for challenging the legality of EC measures, and attempts some predictions of the future shape and content of this plank of the EU’s judicial architecture. This area of the law is in a state of flux, particularly in the light of rulings such as UEAPME v. Council, Masterfoods Limited v. HB Ice Cream, Fresh Marine Company AS v. Commission, Laboratoires Pharmaceutiques Bergaderm SA, in liquidation, and Jean-Jacques Goupil v. Commission, Bocchi Food Trade International GmbH v. Commission, and most recently, and significantly, Jégo Quéré and Cie SA v. Commission. In this latter ruling the Court of First Instance prescribed a major change to the rules on locus standi under Article 230(4) of the EC Treaty, a hitherto much maligned aspect of the case law, by relaxing the requirement of ‘individual concern’ laid down in that article.
The Developing EC Private International Law on Family Matters
Authors: Stone Peter
Published: October 2012

The entry into force on 1st March 2001 of Regulation 1347/2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of Both Spouses (‘the Matrimonial Regulation’) amounts to a landmark in the harmonisation of private international law at European Community level. It deals with direct judicial jurisdiction, and the mutual recognition and enforcement of judgments, but not choice of law, in respect of divorce, separation and annulment of marriage, and of custody (in a broad sense) of children of both spouses when determined on the occasion of matrimonial proceedings. It is the first EC measure to enter into force dealing with private international law in family matters, and is likely to be followed up by further such measures, especially in relation to child custody when dealt with independently of any matrimonial proceedings.
The Public Sector as a Good Employer: The Application of the Acquired Rights Directive to Public Authorities
Authors: Garde Amandine
Published: October 2012

Advocate General Mayras described a public authority as ‘that which arises from the sovereignty and majesty of the State; for him who exercises it, it implies the powers of enjoying the prerogatives outside the general law, privileges of official power and powers of coercion over citizens’.

This quotation has an eighteenth century flavour and is difficult to adapt to the complex legal and economic system of the European Community the extraordinary remit of which has extended to many activities traditionally reserved to the State and to public authorities. The scope of this remit blurs the distinction between what could be termed the exercise of a public power and what could be termed the exercise of an economic function. The ‘Europeanization of public service provision’ has thus rendered the definition of a ‘public authority’ elusive. One of the areas where such a definition has been particularly problematic is the protection of employees’ rights in the event of the transfer of an undertaking.
The ‘TBT Agreement’: A Perfect Tool to Monitor Regulatory Activities Worldwide
Authors: Muñoz Rodolphe
Published: October 2012

The Technical Barriers to Trade (hereinafter TBT) Agreement was negotiated at the Tokyo Round (1973–1979). However, at that time the GATT rules comprised no legally binding mechanism to force Member States to respect their obligations. Indeed, Member States remained free to defer the dispute settlement system. Consequently, for a very long time the TBT Agreement remained a dead letter.
Trespassing on Sacred Ground: The Implied External Competence of the European Community
Authors: Scannell David L.
Published: October 2012

This article is about reaching a closing door before it shuts. The door in question is the academic and institutional approach which has been taken since 1971 to the Court of Justice’s seminal decision on the Community’s implied external competence in CaseCommissionv.Council(the ‘AETR’ case). A recent study of the rules enunciated by the Court is prefaced by an apologetic justification for daring to trespass on the sacred ground of the old authorities, exemplifying the sclerotic complacency which now seems to characterise disquisition in the field. There is much to be regretted in this, since it is by no means clear some thirty years after theAETRdecision that the correct analysis of those authorities has been unearthed. It is hoped that there is still room for debate on the matter.
The Elusive Quest for Uniformity in EC External Relations
Authors: Koutrakos Panos
Published: October 2012

Within the context of Community law, the negotiation, conclusion and implementation of international agreements is often fraught with legal problems about competence. There are various reasons for this: the EC Treaty set out asui generislegal order based on the principle of limited powers pursuant to Article 5 EC. On the other hand, international trade relations deal with a wide range of distinct, albeit interdependent, areas not necessarily falling within the Community’s competence. This substantive discrepancy entails the simultaneous involvement of both Member States and Community institutions, whose often differing agenda may give rise to disputes of a procedural and practical nature. This process has been seen as a threat to the uniformity of the Community’s external relations. The Commission, for instance, has often argued that, in order for the Community to maintain a unified position on the international trade scene, to preserve the coherence of its policies and protect the credibility of its negotiating stance, the exclusive nature of its competence should be interpreted broadly.
Free Movement: The Workseeker as Citizen
Authors: Dougan Michael
Published: October 2012

This article is concerned with the legal position of Community nationals who move to another Member State in search of employment. Section II will summarise the traditional legal status of the workseeker viewed as an economic factor of production. Section III will explore the new legal status of the workseeker viewed as a citizen of the European Union. Section IV will offer some brief comments on the Commission’s 2001 proposal for an umbrella directive on free movement for Union citizens, and its implications for the migrant workseeker. It will be argued, through this analysis, that the institution of Union citizenship, so often criticised for its ‘us and them’ mentality in the treatment of third country nationals, is equally characterised by a ‘haves and have-nots’ approach to its own members—thus presenting a model which (albeit for perhaps understandable pragmatic reasons) is not necessarily in the best interests of maximising economic efficiency within the Common Market, places limits on certain of the political aspirations vested in the process of European integration, and questions the depth or at least the methodology of the Community’s stated commitment to attaining high levels of social protection.
Judicial Cultures and Judicial Independence
Authors: Bell John
Published: October 2012

In this article, I argue that apparently common values, such as ‘judicial independence’ have significantly different meanings in different judicial cultures. As an illustration, I take Sweden and Spain, countries with very different histories and institutional arrangements. It is my contention that basic values are understood and implemented in the light of historical and institutional settings. These have given rise to issues which a nation’s judiciary feel it has to address and set the context in which the contemporary judiciary has to operate. The purpose is to examine how far national histories and traditions colour the understanding of common values, such as judicial independence and democracy in the judicial process.
National Courts—the Powerhouse of Community Law
Authors: Edward David
Published: October 2012

It is always an honour to be invited to give a named lecture and especially to be invited to do so in this University. But it is an added privilege and also a pleasure to be invited to do so when one has known the person in whose honour the lecture has been named. It is particularly delightful to be able to do so with Lady Mackenzie-Stuart among us.
European ‘Citizenship’: In its Own Right and in Comparison with the United States
Authors: Fischer Thomas C
Published: October 2012

The fourteenth amendment to the US Constitution, adopted in 1868, provides in relevant part: ‘All persons born or naturalised in the United States … are citizens of the United States and of the State wherein they reside.’ A similar passage in the Treaty of European Union (TEU or Maastricht), Article 8 (now Article 17(1)), declared: ‘Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union.’
The European Convention on Human Rights and International Public Order
Authors: Orakhelashvili Alexander
Published: October 2012

It is commonly assumed that the European Convention on Human Rights, being a treaty of specific nature, embodies elements of European public order. However, there seems to be no authoritative or generally accepted definition of the public order of Europe, of its essential components, and of its relationship with the notion of international public order. This article will examine these questions. In pursuing this goal, the law-enforcement resources accumulated within the European system of human rights protection will be examined in the context of interaction between the public order of Europe as part of the law of the European Convention, and international public order as part of general international law.
The UK and the Euro: Some Key Economic Issues
Authors: Panić Mića
Published: October 2012

The most important conclusion to emerge so far from the interminable debate whether the UK should join European Monetary Union (EMU) is that, as things stand at the moment, neither side appears to be winning the economic argument! It is perfectly true, as supporters of the membership argue, that the country’s economy is so closely linked with those of other nations in Western Europe that the delay in adopting the single currency would be costly in the long term. However, the opponents are also correct when they point out that joining EMU would deprive the UK of important benefits that arise from the ability to pursue ‘independent’ macroeconomic policies.
The European Model of Agriculture and World Trade: Reconfiguring Domestic Support
Authors: Cardwell Michael
Published: October 2012

The level of support to agricultural producers in the Community has remained high notwithstanding the commitments imposed under the Uruguay Round Agreement on Agriculture (‘URAA’). Thus, according to the Organisation for Economic Co-operation and Development (‘OECD’), the ‘producer support estimate’ for the period 1986–1988 amounted to 44 per cent of gross farm receipts and the proportion rose marginally to 45 per cent in 1998. It may also be noted that, while the proportion in the case of the United States was approximately half that of the Community, the figure for 1998 was likewise not dissimilar from that for the period 1986–1988 (respectively 22 and 25 per cent). As a result, Cairns Group countries have felt able to direct strong criticism against the two great exporters of agricultural produce. This state of affairs was not unanticipated.
The Race Directive: Recycling Racial Inequality
Authors: Brennan Fernne
Published: October 2012

The new european Race Directive is one of the latest measures adopted by the Council of Ministers under its enlarged powers aimed at combating racism in the EU. This Race Directive reflects the strategic thinking of EU policy aimed at combating institutionally racist constraints on the free movement of persons within the Community. Nevertheless, this paper argues that the effectiveness of the Directive is likely to be limited. This potential impediment is premised on two factors: the textual ambivalence that surrounds the concepts of ‘race’ and ‘ethnicity’ and the scope of the instrument. In turn, these restrictions are indicative of a power struggle between the EU and nation states, a struggle that threatens to sideline the broader picture of institutional racism and how to defeat it.
Law, Economics and Politics in the Constitutionalisation of Europe
Authors: Joerges Christian
Published: October 2012

This essay is continuing the path between the disciplines of law and political science that I have been following for a couple of years now. This is a somewhat delicate exercise. In addressing my own discipline, law, I argue that it should renew its perceptions of reality and open up its normative and dogmatic conceptual structure. To political scientists engaged in integration research, I suggest that they ought to take the law’s normative structure seriously and open up their analytical and empirical models to this peculiar reality. ‘Two goals?! No wonder he never gets anywhere!’ By no means, I would object, we are only looking at the two sides of the same coin. And there are good reasons to undertake such efforts: Europe’s constitution is too important to be left up to the lawyers; but it is also something that cannot be grasped by empirical and analytical approaches which are unable to address the normative dimension of the ‘real’ world.
The Political Problems of the Euro-Zone
Authors: Thompson Helen
Published: October 2012

At the end of 1991, after the Maastricht summit, we could reasonably have predicted that there would be two kinds of political problem generated by the euro. First, that if the euro-zone were in 1997, the first date at which it could have been launched, or 1999, when it did indeed begin, to spread beyond Germany, France, Belgium, Netherlands, Luxembourg and Denmark, then there would be good reason to wonder whether all members of the zone could withstand a single monetary policy. Meeting the convergence criteria specified in the Maastricht Treaty would not necessarily mean that there was sufficient convergence in macro-economic cycles to warrant having the same interest rates over the whole of the euro area.
European Integration and Globalisation: The Experience of Financial Reporting
Authors: Villiers Charlotte
Published: October 2012

Much of the debate on European integration centres on the relationship between ‘globalisation’ and ‘Europeanisation’. Whereas the two processes have, in the past, been viewed separately there is now a broad recognition that a relationship exists between them. International relations and politics circles have observed this, but controversy exists over whether the two processes are antagonistic to each other or whether they are in fact ‘working in combination’. Professor Francis Snyder in the legal field asked, in his seminal paper, are they friends or rivals—’is the EU part of the problem or part of the solution in relation to globalisation?’
Partial Harmonisation and European Social Policy: A Case Study on the Acquired Rights Directive
Authors: Garde Amandine
Published: October 2012

The question of Community competence has been one of the most debated issues since the ruling in Tobacco Advertising I, in which the Court annulled, for the first time, a Community Directive for lack of competence. This judgment is significant in terms of assessing the constitutional role of the Court in the Community legal order.

The aim of this article is not to comment on the Tobacco Advertising judgment. Rather, it is to consider the question of competence from a different angle: that of partial harmonisation.
The European Community’s Anti-Dumping Policy: The Quest for Enhanced Predictability, Rationality, European Solidarity and Legitimacy
Authors: Harpaz Guy
Published: October 2012

I predict the Union of the people of Europe one day will come when you England, when you France, when you Germany, all of you nations of the continent without losing your own distinctive abilities and without losing your glorious individuality, will join together in a higher body and you will find European Brotherhood. Victor Hugo

The interface between trade and competition has long been the focus of scholarship. Its international dimension has in recent years increasingly attracted the attention of commentators, international organisations in general and the European Community (EC) in particular, multilateral and regional judicial bodies, as well as nongovernmental organisations. This article analyses one dimension of this interface, namely the EC Anti-Dumping (AD) Policy directed at non-European dumped goods, and its relationship with the EC Competition Policy.
The European Convention on State Immunity and International Crimes
Authors: O’Keefe Roger
Published: October 2012

The European Convention on State Immunity provides for the immunity of states and their organs from the domestic courts of the respective Contracting States. In doing so, it makes no apparent distinction between those courts’ civil and criminal jurisdictions. Yet the vexed question of the immunity of state officials from the latter, especially in respect of crimes established under international law, has been spectacularly brought to the fore by the Pinochet case. It is on this question—the immunity of individual state officials from the criminal jurisdiction of foreign states specifically in respect of international crimes—that this article focuses.
The European Court of Justice, More than a Teleological Court
Authors: Llorens Albertina Albors
Published: October 2012

The judgments of the Community judicature are often subject to intense scrutiny by the media and by academic writers. The European Court of Justice, in particular, is regularly accused of being by and large an “activist” court, namely a court that construes EC law in the light of the objective the judges are trying to pursue. In particular, it is argued that the European Court uses the teleological method of interpretation to enhance the effectiveness of Community law at the expense of the written legal texts. Several studies have been published on the supposed “activist” role of the European Court and as many (or more) have been written in defence of the Court. The common denominator of all these works is that they are selective.
Freedom of Information and Transparency as Administrative and Constitutional Rights
Authors: Harlow Carol
Published: October 2012

Freedom of information is an idea which has been high on the political agenda of western democratic societies for many years. It has been cultivated, propagated and sometimes misused in self-interested fashion by the media. Its meaning, always imprecise, has fluctuated. It has been recycled under the American terms of “openness” and “Government in the Sunshine”. Recently it has been once more recycled under the fashionable term “transparency”. In the European context, this imprecision has been detrimental to the development of logical and sturdy principles concerning transparency and access to information. What has emerged from the conceptual confusion has been a reliance on the more restricted administrative law rights of access to information in contexts where a constitutional right to transparency would have been more appropriate, with a consequential impoverishment of the transparency concept in EC law.
The Community Courts and Openness Within the European Union
Authors: Ragnemalm Hans
Published: October 2012

Government by the people presupposes that citizens are fully aware of public matters and properly informed. Nowadays, this is well understood and increasingly accepted. However, there is still disagreement as to how citizens are to check their government and what the limits of such control should be. In my view, it is essential that this scrutiny is generally available to all citizens and that it is provided in binding legal terms, the application of which is subject to legal appeal. However, a less stringent standard of scrutiny is often provided. Indeed, confusion between concepts is patent in this field and overshadows what is really at issue—the recognition of a fundamental right for citizens, which forms a basis for the exercise of several other rights. The right of citizens to review the exercise of public power is ultimately the foundation of both the principle of democracy and popular sovereignty.
12 Cutting Your Losses in the Enforcement Deficit: A Community Right to the Recovery of Unlawfully Levied Charges?
Authors: Dougan Michael
Published: October 2012

The development of a “Community remedial competence” has become the subject of increasing academic analysis, and a burgeoning source of litigation by traders dissatisfied with the levels of judicial protection offered by domestic rules of the Member States. Such litigants are anxious to invoke principles of Community law to support their claims as these principles can, in theory, prescribe more effective means of redress.
4 Economic and Monetary Union – A Model for Flexibility?
Authors: Usher John
Published: October 2012

With hindsight, the Maastricht Treaty introduced two different forms of flexibility or differentiated integration. The Social Protocol took the form of a permission by all the Member States to a group of Member States to use Community institutions and legislation, which can be seen as the precursor of the general provisions on “closer cooperation” in the Amsterdam Treaty. On the other hand, the provisions on Economic and Monetary Union provide for some Member States to receive opt-outs or derogations from binding Treaty obligations and thus provide the model for the new Title of the EC Treaty on visa, asylum and immigration introduced by the Amsterdam Treaty.
10 After Kalanke and Marschall: Affirming Affirmative Action
Authors: Fredman Sandra
Published: October 2012

Is it legitimate to use discriminatory policies to achieve equality? As official support for reverse discrimination or affirmative action policies becomes more common among member states of the European Union, so does the potential for legal challenge. Yet no clear answer has yet been given by the European Court of Justice. The controversial European Court of Justice decision in Kalanke, striking down an affirmative action policy, was followed only two years later by that in Marschall, which signalled a significant change in approach to affirmative action policies. This change of attitude is likely to be tested in a variety of different ways in the near future. The next affirmative action case, Badeck, is now awaiting the opinion of the Advocate General, and a Swedish case is waiting in the wings. Both these cases are likely to take the Court into far stormier waters than those already traversed in Kalanke and Marschall.
Decision-Making at the Summit
Authors: Dashwood Alan
Published: October 2012

Various provisions of the Treaty on European Union (“TEU”) and of the EC Treaty specifically require action to be taken, at the definitive stage or at some preparatory or intermediate stage of decision-making, by the European Council, or by the Council of the European Union meeting in the composition of Heads of State or Government (“the HSG Council”); and there is one instance of an appointing power exercisable by an intergovernmental conference at the level of Heads of State or Government (“an HSG Conference”). Reserving a role for the political leaders of the Union in the adoption of particular decisions was an innovation of the TEU, more especially in the Title of the EC Treaty on economic and monetary policy, and further instances have been added by the Treaty of Amsterdam (“TA”) and the Treaty of Nice (“TN”).
Improving the Position of Lesbians and Gay Men at Work in the Light of the Framework Directive for Equal Treatment in Employment: A German Case-Study
Authors: Skidmore Paul
Published: October 2012

The Framework Directive for equal treatment in employment adopted in November 2000 by the Council of Ministers marks an important event for the millions of lesbians and gay men within the European Union. It follows hard on the heels of the successful lobbying to have “sexual orientation” included within an anti-discrimination article inserted into the Community treaties by the Treaty of Amsterdam, as part of the development of European citizenship.
Between Persecution and Protection: Refugees and the New European Asylum Policy
Authors: Guild Elspeth
Published: October 2012

The admission, reception and treatment of asylum seekers in the European Union has been an issue of continuing political and legal concern throughout the 1990’s. The rising numbers of persons seeking protection at the beginning of the period coupled with a rapidly developing regional jurisprudence on the right to protection from the European Court of Human Rights in particular, changed the nature of the debate. The Member States began to search for common policies and practices as regards asylum through intergovernmental measures. With the Amsterdam Treaty, the most important aspects of asylum have been transferred to the EC Treaty: criteria and mechanisms for determining which Member State is responsible for considering an application for asylum; minimum standards on reception of asylum seekers; minimum standards with respect to the qualification of nationals of third countries as refugees; minimum standards on procedures for granting and withdrawing refugee status amongst others.
Enlarging the Area of Freedom, Security and Justice: Problems of Diversity and EU Instruments and Strategies
Authors: Monar Jörg
Published: October 2012

Ten years ago justice and home affairs (JHA) did not yet even exist as a EC/EU policy-making area. Yet—after modest beginnings in the context of the Maastricht Treaty’s “Third Pillar” in 1993—the development of EU policies in the JHA area was transformed into a fundamental treaty objective by the entry into force of the Treaty of Amsterdam on 1 May 1999, Article 2 TEU providing for the maintenance and the development of the European Union as an “area of freedom, security and justice” (AFSJ). This new integration objective was strengthened by the introduction of a range of new policy objectives, the communitarisation of asylum, immigration and other issues of the former “Third Pillar”, the incorporation of the Schengen acquis, new and more appropriate legal instruments and improved judicial control. This, and the results of the Tampere European Council of October 1999, led to a further expansion of the scope of policy-making in justice and home affairs, with dozens of new legislative acts being adopted, a considerable number of new legislative initiatives and even the establishment of new bodies—such as the prosecution agency Eurojust and the European Police College. There is no other example in the history of EC/EU integration process of an area of previously loose intergovernmental co-operation ever having made its way so quickly to the top of the Union’s political and legislative agenda.
The Implementation of Community Environmental Legislation: Between Comitology Procedures and Standardisation Bodies
Authors: Poli Sara
Published: October 2012

The environment, along with the areas of human health and consumer protection, can be considered one of the so-called “risk regulation” sectors. In these fields the role of scientific expertise is particularly important. This is due to the fact that a great deal of technical implementing legislation is needed in order to apply the political objectives of legislation adopted through EC Treaty rule-making processes involving the Council, the Commission, and the European Parliament. Secondary legislation in environmental policy often consists of technical specifications, which refer to the limit values of polluting substances. At times, technical standards are needed for products susceptible to having an impact on the environment.
Oncological Outcomes of Laparoscopic and Open Treatment (Nephroureterectomy) for Urothelial Tumors of the Upper Urinary Tract
Authors: Lotrecchiano Giuseppe , Cave Aldo Delle , Tripodi Vincenzo , De Fortuna Enrico , Quaranta Antonio , Attanasi Franco , Salzano Luigi
Published: October 2012

Currently, the treatment of choice in urothelial tumors of the upper urinary tract is nephroureterectomy (NU) as an Open procedure (ONU), though the laparoscopic treatment is now routinely performed as a minimally invasive therapy (LNU). LNU has demonstrated oncologic safety at least equivalent to open, but some issues dealing with cancer still remain.

We retrospectively analyzed data from 36 LNU performed between 2006 and 2010, compared with data of 32 ONU performed in 2002–2005 (pre-laparoscopy era). The mean follow-up was 23 months in patients undergoing LNU and 42 months for those treated with ONU. In particular, we evaluated cancer recurrence, the site of recurrence and survival rates. We had local recurrence in 3 patients (8.3%) after LNU and 2 after ONU (6.25%).

2 patients who underwent LNU (5.5%) died of metastatic disease at 9 and 12 months; 3 patients who underwent ONU (9.3%) died of metastasis at 12, 16 and 23 months, respectively.

Bladder recurrence was observed in 3 patients after ONU and in 4 after LNU.

The most frequent sites of cancer recurrence were: local recurrence (3 LUN, 2 ONU), 1 laparoscopic port recurrence, 3 regional lymph node recurrences (2 LNU, 1ONU), bladder recurrences (3 LNU, 4 ONU).

There were no significant differences in disease recurrence and even survival rates at 1 and 3 years were not very different between the two techniques.

The grade and stage of cancer affecting the incidence of metastatic disease, as well as the localization of early disease (pelvis-ureter-both) is a negative prognostic factor, rather than the surgical technique used. Therefore, there is no evidence that the control is compromised in cancer patients treated with LNU rather than with ONU.
Dimorphic EuCu5Cd
Authors: Tappe Frank , Schwickert Christian , Pöttgen Rainer
Published: October 2012

Two modifications of EuCu5Cd were synthesized from the elements in sealed tantalum ampoules.The high-temperature (HT) modification was obtained from an induction-melted sample that was finally annealed at 873 K, while the low-temperature (LT) phase is formed in a muffle furnace by annealing a pre-melted sample at 673 K. DSC measurements gave a transition temperature of 823±2 K. Both structures were refined on the basis of single-crystal X-ray diffractometer data: R3̄m, a = 511:58(7), c = 3059:6(6) pm, wR2 = 0.0289, 316 F2 values, 22 variables for HTEuCu4 :85(1)Cd1:15(1) and Pnma, a = 2545:6(5), b = 511:60(1), c = 1060:3(2) pm, wR2 = 0.0386, 2044 F2 values, 121 variables for LT-EuCu4:92(1)Cd1:08(1). A small degree of Cu/Cd mixing was observed for three sites. Both structures adopt new types. The europium atoms have high coordination numbers of 18, 19 and 20 in LT- and 18 and 20 in HT- EuCu5Cd. These three types of polyhedra are the basic building units also in the closely related structures of CeCu6, CeCu5Au, CeCu4:38In1:62, and CeNi5Sn, a family of stacking variants. Temperature-dependent magnetic susceptibility measurements of a HT- EuCu5Cd sample showed an experimental magnetic moment of 7.56(1) μB per Eu atom in the paramagnetic regime, compatible with divalent europium. HT- EuCu5Cd orders antiferromagnetically at 17.7(5) K.
Low-frequency Vibrational Dynamics of Amorphous and Crystalline Silica
Authors: Albers Peter W. , Michael Günthe , Rotgerink Hans Lansink , Parker Stewart F.
Published: October 2012

Crystalline silica shows strong, sharp signals at about 77 and 130 cm-1 in the inelastic neutron scattering spectrum that are missing or strongly different, broadened and shifted to lower frequency for the case of precipitated and fumed silica. The presence or absence of these signals is a sensitive signature of crystallinity or amorphicity in silica. The low-frequency phonon density of states of precipitated and fumed silica is typical for completely amorphous materials. This observation is in perfect agreement with data from X-ray diffraction and high-resolution transmission electron microscopy. The amorphicity is retained during granulation post-treatments.
New Thiostannates Synthesized Under Solvothermal Conditions: Crystal Structures of (trenH)2Sn3S7 and {[Mn(tren)]2Sn2S6}
Authors: Pienack Nicole , Schinkel Diana , Puls Angela , Ordolff Marie-Eve , Lühmann Henning , Näther Christian , Bensch Wolfgang
Published: October 2012

The two new thiostannate compounds (trenH)2Sn3S7 (1) and {[Mn(tren)]2Sn2S6} (2) (tren=tris-2-aminoethylamine) were obtained under solvothermal conditions. Compound 1 crystallizes in the hexagonal space group P63/mmc with a=13.2642(19), c=19.078(3) Å, V =2906.9(7) Å3. The layered [Sn3S7]2- anion is constructed by Sn3S4 semi-cubes sharing common edges. The layers are characterized by large hexagonal pores with dimensions of about 11×11 Å2. Compound 2 crystallizes in the triclinic space group P1̄ with lattice parameters a=7.6485(7), b=8.1062(7), c=12.1805(11) Å, α =97.367(11), β =103.995(11), γ = 108:762(10)°, V =676.17(10) Å3. The [Sn2S6]4- anion is composed of two edge-sharing SnS4 tetrahedra and joins two Mn2+-centered complexes by Mn-S bond formation. The Mn2+ cation is in a trigonal-bipyramidal environment of four N atoms of the tren ligand and one S atom of the thiostannate anion. Both compounds are semiconductors with a band gap of 2:96 eV for 1 and of 2:75 eV for 2.
3,3’’-Bis(saccharin-6-ylmethyl)-1,1’:3’,1’’-terphenyl – Precursor of A New Tetradendate Bis-bridging Ligand
Authors: Buck Stefan , Maas Gerhard
Published: October 2012

The title compound (H2tpsac) was synthesized from 6-bromosaccharin and 3,3’’-bis(bromomethyl)- m-terphenyl. The ability of tpsac to serve as a tetradentate bis-bridging ligand was demonstrated by the formation of the dinuclear ruthenium(I,I) complexes [Ru2(CO)5(μ,μ-tpsac)]2, [Ru2(CO)4(μ,μ-tpsac)]n, [Ru2(CO)4(PPh3)2(μ,μ-tpsac)], and [Ru2(CO)5(PPh3)(μ,μ-tpsac)]. An X-ray crystal structure analysis of [Ru2(CO)4(PPh3)2(μ,μ-tpsac)] showed the head-to-tail (or 1,1) arrangement of the two saccharinate coordination sites.
2,5-Dihydro-1,3-thiazoles as Scaffolds in the Synthesis of O,N-Diacyl O,N-Acetals in a One-pot Reaction
Authors: Stalling Timo , Brockmeyer Fabian , Kröger Denis , Schwäblein Almuth , Martens Jürgen
Published: October 2012

The Asinger reaction is a very powerful tool to form 2,5-dihydro-1,3-thiazoles in high yields. Treating these heterocyclic imines with acid chlorides followed by adding sodium carboxylates led to a large number of new O,N-diacyl O,N-acetals. Using chiral starting materials, a high diastereoselectivity was observed in several cases. X-Ray structures document the constitution and clarify the relative configuration of the prepared O,N-diacyl O,N-acetals.
Aptasensors for Small Molecule Detection
Authors: Walter Johanna-Gabriela , Heilkenbrinker Alexandra , Austerjost Jonas , Timur Suna , Stahl Frank , Schepe Thomas
Published: October 2012

Aptamers are single-stranded oligonucleotides composed of RNA or DNA that are able to bind their corresponding targets via molecular recognition. Thus, aptamers can be thought of as nucleic acidbased alternatives to antibodies and have attracted attention as receptors in biosensors. Aptamers seem to be ideal biological recognition elements, since they enable the design of intelligent sensors based on their specific properties. Especially the fact that most aptamers undergo conformational changes during the binding of the target and their oligonucleotide nature can be used to rationally design novel sensing strategies. This review focuses on aptasensors for the detection of small molecules. In the first part, aptamers, their generation and their properties are briefly described. In the second part, different design strategies for aptasensors are reviewed, and examples for the detection of small molecules are given.
Lipase-mediated Epoxidation of the Cyclic Monoterpene Limonene to Limonene Oxide and Limonene Dioxide
Authors: Wiemann Lars O. , Faltl Christina , Sieber Volker
Published: October 2012

Limonene is an industrially interesting monoterpene that accumulates in bulk quantities as byproduct of the fruit juice industry. The corresponding epoxides are versatile synthetic intermediates and additives for the chemical industry. Due to a number of disadvantages of classical chemical epoxidation including serious safety issues and unwanted side-reactions, we here used a mild lipasecatalyzed chemo-enzymatic epoxidation system, with either free or different immobilized forms of Candida antarctica lipase B. Full limonene conversion (> 98%) was easily achieved at 40°C within less than 24 h. The enzymatic activities in the formation of limonene monoxide significantly varied from either 1 - 3:4 U/mgbiocatalyst at r. t. or from 1.7 - 4:9 U/mgbiocatalyst at 40°C. For the first time we showed that it is possible to generate high amounts of limonene dioxide (~ 30% with CalB on carrier 350 at 40°C) using this mild lipase-mediated epoxidation method. Enzyme activities and limonene dioxide yields strongly depend on the nature of the selected enzyme carrier, the immobilization method and the reaction temperature.
Reversible Heterolytic Si–H Bond Activation by an Intramolecular Frustrated Lewis Pair
Authors: Nie Wanli , Klare Hendrik F. T. , Oestreich Martin , Fröhlich Roland , Kehr Gerald , Erker Gerhard
Published: October 2012

The intramolecular frustrated P/B Lewis pair Mes2PCH2CH2B(C6F5)2 (7) reacts readily with phenylsilane by heterolytic cleavage of the Si-H bond to give the zwitterion [Mes2(PhH2Si)P+CH2CH2B-H(C6F5)2] (8a), which has been fully characterized and its structure confirmed by X-ray crystal structure analysis. Variable-temperature NMR studies revealed that the reaction is reversible. Adduct 8a is the predominant species (ca. 98%) in CD2Cl2 solution at low temperature (193 K), whereas at ambient temperature (299 K) it exists in a ca. 7 : 3 equilibrium with unreacted 7 and PhSiH3. Diphenylsilane reacted similarly with the frustrated Lewis pair 7, however, the equilibrium was found to favor the starting materials in the investigated temperature range.
Asymmetric Brønsted Acid-catalyzed Intramolecular aza-Michael Reaction – Enantioselective Synthesis of Dihydroquinolinones
Authors: Rueping Magnus , Moreth Stefan A. , Bolte Michael
Published: October 2012

The enantioselective synthesis of 2-aryl-substituted 2,3-dihydroquinolin-4-ones, a class of heterocyclic compounds with interesting biological activities, has been achieved through a Brønsted acidcatalyzed enantioselective intramolecular Michael addition. The products are available in moderate to high yields and with good enantioselectivities.
Synthesis, Separation and Structure Elucidation of a Missing C60 Chloride: C2v-C60Cl8
Authors: Ziegler Karolin , Amsharov Konstantin Yu. , Jansen Martin
Published: October 2012

The so far missing chloro analog of the bromofullerene C2v-C60Br8 has been synthesized by reaction of C60 fullerene with iodine monochloride. The title compound has been separated by means of HPLC, and its molecular structure has been unambiguously determined by single-crystal X-ray analysis. A facile synthesis of Cs-C60Cl6 and C2v-C60Cl8 in preparative amounts is presented.
18-Membered Heterometallacyclic Gold(I) Compounds: Structural Influences of Co-crystallized Solvent
Authors: Dobrzańska Liliana , Strasser Christoph E. , Schmidbaur Hubert , Raubenheimer Helgard G.
Published: October 2012

5-Lithiated 4,4-dimethyl-2-(2-thienyl)oxazoline reacted by halide and tetrahydrothiophene (THT) substitution with [AuCl(THT)] to form a cyclic trinuclear compound (1) in satisfactory yield. Spectroscopic studies and single-crystal X-ray analyses clarified the bonding within the ring system. The structure determination of two THF solvates revealed differences in the supramolecular assembly of the constituting molecules.
Potatoes, Including French Fries, Contribute Key Nutrients to Diets of U.S. Adults: NHANES 2003-2006
Authors: Freedman Marjorie R. , Keast Debra R.
Published: October 2012

ABSTRACT
Many adult Americans fail to meet nutrient requirements.  The objective of this study was to examine 24-hour dietary recall data from NHANES 2003-2006 to test the hypothesis that white potatoes (not sweet potatoes) contributed important nutrients within energy needs to adults' diets. Potato content of survey foods was determined using US Department of Agriculture (USDA) recipe databases (Standard Reference [SR]-Link files).  SR codes were linked to USDA food composition data to determine nutrient content.  Daily nutrient intakes among consumers of potatoes (including french fries [FF]), and consumers of FF alone, were determined by applying the composition database to respondent's recall data.  Sample weighted data were analyzed; t-tests assessed differences between age-sex groups.  Approximately 35% of adults consumed potatoes; 12% consumed FF.  Intakes were lowest in adults aged 51+ y (P < .01).  More males, compared to females, consumed potatoes (P<.05) and FF (P< 0.01).  Males consumed larger amounts of potatoes (127 g/d) and FF (85 g/d) (P< .01). In all age-sex groups, potatoes and FF provided 7-11% of total energy (within daily energy requirements); 3-14% of daily fat (>75% MUFA+PUFA); >15% dietary fiber, >13% vitamin B6 and potassium; >5% thiamin, niacin, phosphorus, magnesium and copper; and <5% sodium.  Potatoes provided >10% vitamin C for all age-sex groups and >5% vitamin K and iron for most groups; FF provided >5% vitamin E and folate intakes for all.  These cross-sectional data showed that potatoes and FF, in amounts consumed by adults, contributed important nutrients in line with dietary recommendations.
Major Classes of Phytonutriceuticals in Vegetables and Health Benefits: A Review
Authors: Dias João Silva
Published: October 2012

Vegetables are essential for well-balanced diets since they supply phytonutriceuticals. About 3 billion people in the world are malnourished due to imbalanced diets. Regular consumption of a vegetable rich diet has undeniable effects on health since they have been strongly associated with improvement of gastrointestinal health, good vision, and reduced risk of heart disease, stroke, chronic diseases such as diabetes, and some forms of cancer. The mechanism by which vegetables decrease risk of disease is complex and largely unknown. Some phytochemicals of vegetables are strong antioxidants and are thought to reduce the risk of chronic disease by protecting against free radical damage, by modifying metabolic activation and detoxification of carcinogens, or even by influencing processes that alter the course of tumor cells. The dietary fiber content and type of different vegetables may also contribute to the overall health benefit. Each vegetable contains a unique combination of phytonutriceuticals. A great diversity of vegetables should be eaten to ensure that individual’s diet includes a combination of phytonutriceuticals and to get all the health benefits.