bluuebunny/crossref_metadata_2025 huggingface dataset:
Paths for Constitutional Thinking ‘Beyond the State’?
Authors: Gibbs Alun
Published: March 2013

In this chapter I consider the role that the constitutional state has played in restricting our sense of the possibilities of constitutional thinking and I trace the connections between the modernist state and metaphysical thinking. In doing so I hope to suggest that constitutional thinking does not need to be tied to the ‘state’ and instead concerns the commitment to what I term ‘enduring truths’. These truths are enduring, I argue, precisely because they cannot be confined to any particular epoch of constitutional undertaking, whether we call it the ‘pre-state’, ‘state’ or ‘post-state’. To explore these issues I have taken the debate surrounding the mature example of a political community which is said to be ‘beyond constitutionalism’—the European Union. My argument is that it is irrelevant to tie the problem of the EU’s constitutional future to the legacy of the state or to abandon constitutionalism itself in favour of a prospective procedural administrative accountability. What is now required is a commitment to a constitutional possibility for the renewal of the enduring truths of constitutional life rather than a steadfast adherence to the conventional metaphysics of the constitutional state.
The Notion of Consensus as a Route to Democratic Adjudication?
Authors: Petkova Bilyana
Published: March 2013

Building on the theory of democratic constitutionalism, I assess the political implications of the constitutional space formed by the Court of Justice of the European Union (CJEU), the European Court of Human Rights (ECtHR) and national constitutional courts in Europe. Democratic constitutionalism helps situate the role of constitutional courts in stimulating a degree of consensus, necessary for governance of heterogeneous communities such as the United States and the European Union. Questions of legitimacy and confidence in the judiciary come to the fore. I examine a mechanism used by the US Supreme Court, the CJEU and the ECtHR alike to foster democratic constitutionalism: in order to confront challenges to judicial legitimacy and remain responsive to the extra-judicial environment, these courts rely on majoritarian trends, or consensus, inspired by, but not limited to, the constitutional law of federal states and member countries.
How Regulatory Networks Shaped Institutional Reform under the EU Telecoms Framework
Authors: Boeger Nina , Corkin Joseph
Published: March 2013

This chapter considers the evolving institutional responses to the challenge of regulating telecoms in the EU, taking in the Commission’s push for creating an EU agency versus the resilience of the transnationally networked model, which is usually attributed to the Member States’ sovereignty reflex. Were recent negotiations over the reform of the Regulatory Framework for telecoms, concluded in 2009, simply a turf-war in which the Commission sought to extend the EU’s role against resistance from the Member States, or did the national telecoms regulators and their existing transnational network influence the eventual compromise to retain the soft law, networked model, albeit with some hardening? Characterised as a classic integration struggle, the Member States’ intergovernmental instincts were pitched against the Commission’s supranational instincts and its preference for instruments of control premised on the centralised exercise of hierarchical power. But this chapter paints a more fine-grained picture of the negotiation’s dynamics and especially the influence of the national regulatory authorities (NRAs) and their existing transnational network; a community of expertise that stood to have its role either strengthened or diminished in the revised institutional architecture. In doing so, the chapter moves beyond orthodox (intergovernmental and neofunctionalist) accounts of these dynamics to take an institutionalist approach that is better suited to analysing the EU as a mature system of governance.
Perfectionism in European Law
Authors: Bomhoff Jacco
Published: March 2013

European law manifests powerful perfection-seeking internal dynamics, nudging—even compelling—legal actors to strive to make the European legal order ‘the best it can be’. This chapter uses a comparative approach to show that this perfectionism is contingent (that is, not necessarily shared by all legal orders), and that it is a highly distinctive characteristic of European legalism specifically. Uncovering the hidden dynamics of this juridical perfectionism is an important step towards rethinking European law’s agency and its correlate: our own ability to shape European integration through law.
Behavioural Economics and the Autonomous Consumer
Authors: Scholes Annette Nordhausen
Published: March 2013

This chapter takes as its starting point the ‘information approach’ which is the basis of current EU consumer protection legislation. It argues that the findings of behavioural economics suggest that the ‘information approach’ does not in practice achieve the protection of the consumer which it is trying to achieve. Insights and techniques gained from behavioural economics can be used as the basis for more effective consumer protection legislation, while at the same time respecting the principle of consumer autonomy which is the fundamental (though sometimes unstated) principle of EU internal market law.
A Fourth in the Court: Why Are There Advocates General in the Court of Justice?
Authors: Bobek Michal
Published: March 2013

Why are there Advocates General in the Court of Justice of the European Union? A standard answer to this question is likely to be either a simple textual reference (because the Treaty provides for them); or an appeal to authority (because the original framers of the Treaties put them there, inspired by the French legal system); or a rather pragmatic appeal to their on-going utility (because they assist the Court and they do a great job); or any combination of these three. All of these explanations are valid. This contribution, however, attempts to go a little deeper in discerning what may be the ideological justification for Advocates General in the Court of Justice. It does so by carrying out a historical and comparative study concerning their origins and systemic justification from the vantage point of a national lawyer coming from a Member State that does not know any type of a ‘fourth in the court’.

The first part of the contribution explains which factors have considerably eroded the position of Advocates General in the course of the last decade and why questions concerning their role and its justification became topical. Second, the commonly invoked reference to the French inspiration for introducing Advocates General is critically examined. It is suggested that justifications once provided with respect to the office of commissaire du gouvernement in the Conseil d’État can hardly be used on the European level with respect to Advocates General. Third, possibilities of internal justification of the role of Advocates General are examined: are Advocates General providing any unique assistance to the Court of Justice, which could not be provided for in different ways? With a negative answer to the latter question, the last part of the argument offers a simple yet solid overreaching justification as to why there should be Advocates General in the Court of Justice.
Social Legitimacy and the Court of Justice of the EU: Some Reflections on the Role of the Advocate General
Authors: Hinarejos Alicia
Published: March 2013

The Court of Justice of the European Union (CJEU, Court of Justice or Court, for short) operates in circumstances that are similar to those of a national constitutional court; at the same time, some significant features set it apart and make it more difficult for the Court of Justice to command the institutional loyalty or public support that national constitutional courts seem to enjoy in Europe. This chapter will, first, offer a brief overview of how and why the Court acquired a markedly political, and problematic, role within the judicial and legal system of the Union (Section II). Section III will then examine the different concepts of legitimacy that may be applied to courts and their decisions, focusing more specifically on the social dimension of legitimacy. This chapter will argue that the fact that the Court of Justice has to operate in a transnational context leads to a shortfall in its social legitimacy, at least when compared to national constitutional courts in Europe. Finally, Section IV will focus on the figure of the Advocate General as a mechanism that may lend some extra social legitimacy to the Court and its decisions—obviously without solving the problem completely—and that, more generally, may foster dialogue, debate and deliberative democracy in the Union.
The Fight against Terrorism, Fundamental Rights and the EU Courts: The Unsolved Conundrum
Authors: Nanopoulos Eva
Published: March 2013

Using the example of anti-terrorism measures, this chapter looks at the difficulties experienced by the Court of Justice of the EU (CJEU) in reconciling the conflicting demands of fundamental rights protection and public security. It shows that under the current arrangements, the CJEU cannot have regard to information which has not gone through a proper adversarial hearing, even in cases where disclosure of the relevant information will jeopardise the public interest. The chapter thus envisages the possibility for reform. It examines, in particular, the special advocate procedure and the sort of difficulties that its transposition in the EU context would give rise to.
Advocates General and Grand Chamber Cases: Assistance with the Touch of Substitution
Authors: Łazowski Adam
Published: March 2013

The aim of this chapter is to analyse the role of Advocates General in Grand Chamber cases. The latter are supposed to be the crème de la crème of the case law. Alas, this is not always the case as some of the judgments are poorly argued and with quite limited legal reasoning. This chapter demonstrates that formally the role of Advocates General in Grand Chamber cases is the same as in other cases where the Court of Justice sits in different compositions. Several examples are given proving that assistance of the Advocates General is sometimes followed and sometimes rejected by the Grand Chamber. However, a selection of judgments discussed in the last section of the chapter demonstrates another phenomenon. When the Grand Chamber limits the judicial discourse to the minimum it enhances the role of the Advocates General as their Opinions become the only source of reasoning. If that happens we are arguably dealing with assistance with the touch of substitution.
The European Union as a Source of Inspiration
Authors: Schiemann Konrad
Published: March 2013

What you find inspiring depends to a degree on where you come from and what you are looking for. So, by applying the principle of transparency, let me put my cards on the table. Those who founded the European Communities, and indeed both Jack Mackenzie Stuart and I, went through the last World War. I imagine that I will be the last judge of the Court in Luxembourg of whom this can be said. If you have been through such an experience, it is something which marks your whole life.
The Euro Area Crisis and Constitutional Limits to Fiscal Integration
Authors: Hinarejos Alicia
Published: March 2013

Against the backdrop of the current euro area crisis and the imbalance at the heart of the Economic and Monetary Union, this chapter will explore the current state of fiscal integration, as well as its likely future and limits. It will do so by, first, creating a ‘map to fiscal integration’ that takes into account the degree of legalisation of state cooperation, as well as the subject-matter of particular fiscal rules. The three measures or packs of measures adopted by the euro countries since the start of the crisis will be discussed and located within this map to fiscal integration. The chapter will show that a distinction can be drawn between (1) what will be referred to here as ‘balance rules’, or rules that concern budgetary discipline and balance, and (2) substantive rules or measures that concern the allocation of resources within a state and thus have a distributive or redistributive effect. Once the state of play of fiscal integration is clear, the chapter will turn to the shape of future integration in this area, arguing that further fiscal integration—or legal integration that goes beyond balance rules and crosses into the (re)distributive area—is severely limited by the current Treaties and that, moreover, even a hypothetical Treaty amendment with a view to creating a full EU fiscal policy of this kind would run into significant theoretical problems, both as a matter of EU law and of national constitutional law.
Allowing the Right Margin: The European Court of Human Rights and The National Margin of Appreciation Doctrine: Waiver or Subsidiarity of European Review?
Authors: Spielmann Dean
Published: March 2013

The doctrine of the national margin of appreciation is well established in the case law of the European Court of Human Rights. In applying this essentially judge-made doctrine, the Court imposes self-restraint on its power of review, accepting that domestic authorities are best placed to settle a dispute. The areas in which the doctrine has most often been applied will be presented here, looking at various examples from case law. After a brief overview of the doctrine’s origin, the analysis will focus on the situations in which the margin has been allowed or denied. Does it relate merely to factual and domestic-law aspects of a case? What is the scope of the margin of appreciation when it comes to interpreting provisions of the European Convention on Human Rights? What impact does an interference (whether disproportionate or not) with a guaranteed right have on the margin allowed? Is there a second-degree or ‘reverse’ margin of appreciation, whereby discretionary powers can be distributed between executive and judicial authorities at domestic level? Lastly it is noteworthy that Protocol No 14, now ratified by all Council of Europe Member States, enshrines in Article 12—at least to some extent—an obligation to apply a margin of appreciation. One essential question remains: by allowing any margin of a certain width, is the European Court simply waiving its power of review or is it attributing responsibility to the domestic courts in the interest of a healthy subsidiarity?
CEO Resignations and New and Relevant Information Conveyance: Evidence from the Hospitality Industry
Authors: Jackson Leonard A.
Published: March 2013

Chief executive officer (CEO) resignations are of interest to shareholders. The market typically responds to such changes in relation to the gain or loss of human capital. This study investigates the issue of whether or not resignations of hospitality industry CEOs convey new and relevant information to the public markets. The study examines 32 resignations from 26 firms over a 12-year period and finds that CEO resignations from hospitality firms convey new and relevant information to the financial markets, albeit in a delayed manner. Findings also suggest information symmetry, indicating that investors can be confident that hospitality stocks are traded fairly in the capital markets.
Output Volatility and Tourism Specialization in Small Island Developing States
Authors: Jackman Mahalia
Published: March 2013

This paper investigates the relationship between tourism specialization and output volatility in a sample of 34 small island developing states (SIDS). The initial results suggest that there is a positive relationship between tourism and output volatility. Then, to test whether or not the impact of tourism is uniform across SIDS, the author divides the sample of SIDS by their regional groupings. The positive relationship between tourism specialization and volatility seems to be isolated to states in the Asia and Pacific region; that is, the region with the lowest level of tourism specialization on average. However, an evaluation of the fluctuations in tourism receipts indicates that the average volatility of tourism is highest in this region. This implies that the impact of tourism on economic volatility depends greatly on the level of volatility in tourism and, to a lesser extent, on the level of specialization.
Eliciting Users' Preferences for Cultural Heritage and Tourism-Related E-Services: A Tale of Three European Cities
Authors: Chiabai Aline , Platt Stephen , Strielkowski Wadim
Published: March 2013

The objective of this paper is to show how surveys are used to elicit users' preferences and willingness to pay for novel packages of e-services used in commercial tourism. The authors analyse data gathered from 5,100 questionnaire survey responses by residents, visitors and service providers in three European cities – Amsterdam, Genoa and Leipzig. The results show that people are willing to pay for some of the proposed e-services, while other services clearly represent a cost. The findings are important for the improvement of decisions in the tourism industry, which often uses various combinations of e-services to promote cultural heritage, enhancing visitors' experiences. In addition, the results may help to identify eventual prices that could be charged for the use of e-services in cultural heritage.
Research Note: Market Disequilibrium Effect on Hotel Prices
Authors: Chen Chiang-Ming , Chiu Hsien-Hung
Published: March 2013

The authors reformulate the hedonic price approach by taking into account market disequilibrium in the hotel market. In the reformulated model, the imbalance between room supply and demand is incorporated into the hedonic price function. The hedonic price function for a hotel facing market disequilibrium is then estimated using data from a national panel of international tourist hotels in Taiwan during the period 1996–2008. They find that market disequilibrium has a positive and significant effect on room rates of tourist hotels in Taiwan; that is, an increase in excess demand may significantly raise the room rates. The effects of other physical attributes of hotels on room rates are also discussed.
Marine Benthic Algae of the Commander Islands (Pacific Coast of Russia) with Checklist Revised in 2012
Authors: Selivanova Olga N. , Zhigadlova Galina G.
Published: March 2013

A revised checklist of marine benthic algae of the Commander Islands (Russian Pacific) is presented. It is based on the authors’ field collections. The list of algae of the area totals to 187 species (36 Chlorophyta, 38 Ochrophyta, class Phaeophyceae, and 113 Rhodophyta) of these 44 species (9 Chlorophyta, 8 Ochrophyta, class Phaeophyceae, and 27 Rhodophyta) are added to the previous checklists (Selivanova and Zhigadlova, 1997). We also confirm the presence of 5 species on the Islands that were absent in our earlier material but were recorded by other authors (Phycodrys amchitkensis, Mastocarpus papillatus, Lithothamnion sonderi, Odonthalia dentata, and Pleonosporium vancouverianum). The species list of the newly recorded algae contains information on their ecology, fertility, and distribution. The algal taxonomy and nomenclature are updated with new world data.
Arvo Pärt’s Tintinnabuli Music in Film
Authors: Maimets-Volt Kaire
Published: April 2013

This article examines the paramusical field of connotation surrounding Arvo Pärt’s tintinnabuli music in the contemporary Western culture of musical multimedia. The expressive meanings that tintinnabuli music is perceived to communicate are remarkably consistent, as well as can be argued to conform with the ideas the composer has wished to convey with his music.
Growth and structure of a young Aleppo pine planted forest after thinning for diversification and wildfire prevention
Authors: Ruiz-Mirazo J. , Gonzalez-Rebollar J. L.
Published: April 2013

Aim of study: In the Mediterranean, low timber-production forests are frequently thinned to promote biodiversity and reduce wildfire risk, but few studies in the region have addressed such goals. The aim of this research was to compare six thinning regimes applied to create a fuelbreak in a young Aleppo pine (Pinus halepensis Mill.) planted forest.Area of study: A semiarid continental high plateau in south-eastern Spain.Material and Methods: Three thinning intensities (Light, Medium and Heavy) were combined with two thinning methods: i) Random (tree selection), and ii) Regular (tree spacing). Tree growth and stand structure measurements were made four years following treatments.Main results: Heavy Random thinning successfully transformed the regular tree plantation pattern into a close-to-random spatial tree distribution. Heavy Regular thinning (followed by the Medium Regular and Heavy Random regimes) significantly reduced growth in stand basal area and biomass. Individual tree growth, in contrast, was greater in Heavy and Medium thinnings than in Light ones, which were similar to the Control.Research highlights: Heavy Random thinning seemed the most appropriate in a youngAleppo pine planted forest to reduce fire risk and artificial tree distribution simultaneously. Light Regular thinning avoids understocking the stand and may be the most suitable treatment for creating a fuelbreak when the undergrowth poses a high fire risk.Keywords: Pinus halepensis; Mediterranean; Forest structure; Tree growth; Wildfire risk; Diversity.
Silviculture conditions and wood properties of Samanea saman and Enterolobium cyclocarpum in 19-year-old mixed plantations
Authors: Obando M.F. , Moya R.
Published: April 2013

Aim of study: The objective of this work is to examine wood properties of a mixed plantation of Samanea saman and Enterolobium cyclocarpum, combined with native species of Costa Rica.Area of study: Mixed plantation in dry tropical zone of Costa Rica.Material and Methods: It was measured by total diameter, heartwood, bark thickness, several physical wood properties (green density, specific gravity, volumetric, tangential and radial shrinkage and moisture content) and wood color.Main results: The largest of this diameter are reached when S. saman is planted with E. cyclocarpum, E. cyclocarpum and Swietenia macrophylla and Simarouba glauca. Meanwhile the largest total diameter and heartwood in E. cyclocarpum was found when this species is planted with Dalbergia retusa. Heartwood percentage, bark percentage, and some physical properties are not affected when S. saman or E. cyclocarpum are planted with other species. However, parameters of wood color were affected mixture plantation of S. saman or E. cyclocarpum with other species. The lowest difference between wood from mixed plantations and wood from trees growing in native forests is produced when S. saman is mixed with E. cyclocarpum, but this last species is mixed with Hymenaea courbaril and produced wood with the lowest difference in wood color compared to trees growing in the natural forest.Research highlights: S. saman and E. cyclocarpum tress planted in a mixed plantation produce variation in breast diameter, physical properties, heartwood percentage and wood color.Keywords: silvicultural condition; wood properties; tropical species; plantation species.
The relationship between landscape patterns and human-caused fire occurrence in Spain
Authors: Costafreda-Aumedes S. , Garcia-Martin A. , Vega-Garcia C.
Published: April 2013

Aim of study: Human settlements and activities have completely modified landscape structure in the Mediterranean region. Vegetation patterns show the interactions between human activities and natural processes on the territory, and allow understanding historical ecological processes and socioeconomic factors. The arrangement of land uses in the rural landscape can be perceived as a proxy for human activities that often lead to the use, and escape, of fire, the most important disturbance in our forest landscapes. In this context, we tried to predict human-caused fire occurrence in a 5-year period by quantifying landscape patterns.Area of study: This study analyses the Spanish territory included in the Iberian Peninsula and Balearic Islands (497,166 km2).Material and Methods: We evaluated spatial pattern applying a set of commonly used landscape ecology metrics to landscape windows of 10x10 sq km (4751 units in the UTM grid) overlaid on the Forest Map of Spain, MFE200.Main results: The best logistic regression model obtained included Shannon’s Diversity Index, Mean Patch Edge and Mean Shape Index as explicative variables and the global percentage of correct predictions was 66.3 %.Research highlights: Our results suggested that the highest probability of fire occurrence at that time was associated with areas with a greater diversity of land uses and with more compact patches with fewer edges.Keywords: human-caused wildfires; landscape ecology; logistic regression.
Spatiotemporal variation in acorn production and damage in a Spanish holm oak (Quercus ilex) dehesa
Authors: Perez Izquierdo L. , Pulido F.
Published: April 2013

Aim of study. There is a lack of knowledge about spatio-temporal patterns of acorn production in dehesas, especially regarding the influence of different agents causing acorn damage. We examined the spatial and temporal variability on acorn production and damage in four stands within a dehesa farm in 1997, 1998 and 1999.Area of study. The study was carried out in a 1800 ha dehesa farm of Cáceres province, western Spain.Material and Methods. Acorns were sampled by means of seed traps placed in the canopy of six holm oak trees per stand. Acorn collected in it were counted and assessed for damage by Curculio weevils, Cydia moths and the bacterial pathogen Brenneria quercina.Main results. Mean acorn production for the whole study period was 44.60 acorns m-2, which did not vary significantly either among stands or among years. The variability among individual trees was very high (0-300 acorns m-2). The rate of infestation by Curculio was 7.64 ± 10.72 %, by Cydia was 1.76 ± 3.33 %, whereas 10.29 ± 16.12 % of acorns were infested by Brenneria. We found no significant spatial differences, but the rates of acorn loss by insects varied among years. These rates were independent of annual acorn production and there was no correlation among damages by different pests, except between Curculio and Cydia in two crop years.Research highlights. It can be concluded that acorn crops are synchronized at the within-farm level and that the temporal variation in acorn damages can be independent of crop size.Keywords: Acorn production; Brenneria; Curculio; Cydia; dehesa; Quercus ilex; spatio-temporal variation.
Health Literacy Promotion: Contemporary Conceptualizations and Current Implementations in Canadian Health Librarianship
Authors: Dalmer Nicole
Published: April 2013

Research questions: What are the current conceptualizations of health literacy, and what strategies are Canadian health librarians in public, academic, and hospital libraries enacting to put health literacy promotion into practice? Data sources: Serving as the basis of this scoping review, library and information science, health sciences, and interdisciplinary databases were searched using key terms relating to health literacy promotion as it relates to services, programming, or resources used in a variety of library settings. A web searched allowed for the inclusion of grey literature sources. Study selection: Data sources were searched using a combination of subject headings and keywords relating to health literacy and librarians or libraries, which served as the inclusion criteria. Sources were also selected for their Canadian context or content and for health literacy promotion programs or services that took place in academic, public, or hospital library settings. Data extraction: Data sources included journal articles, government publications, library association reports, dissertations, grey literature, reviews, and newspaper articles. Data were extracted from selected Canadian data sources, identifying the type of library in which health literacy promotion-related programs were situated, the program's scope, topics covered, and the resources used or developed. Results: The established link between low health literacy and poor health outcomes allows librarians to play an active role in promoting the quality of life of their patrons. Summaries from research articles and publications from library associations provide descriptions of health literacy promotion efforts in public libraries, followed by an examination of the role librarians play in promoting health literacy skills or knowledge in academic and hospital libraries. Conclusion: Analyses of recent health literacy initiatives and programming, including educational programs, electronic or web resources, and cross-discipline committees reveal the diversity of innovative tactics implemented by librarians to promote health literacy. Health literacy awareness is a tool all librarians can incorporate into their interactions with patrons. Current barriers and sources for future inquiry surrounding health literacy promotion in libraries highlight the need for librarians to promote their skill set as a means to gain inclusion as key players in national action plans concerning health literacy promotion.
Immunohistochemical Expression of Phospho-mTOR Is Associated With Poor Prognosis in Patients With Gallbladder Adenocarcinoma
Authors: Leal Pamela , García Patricia , Sandoval Alejandra , Letelier Pablo , Brebi Priscilla , Ili Carmen , Álvarez Héctor , Tapia Oscar , Roa Juan C.
Published: April 2013

Context.—Advanced gallbladder carcinoma (GBC) is a highly fatal disease with poor prognosis and few therapeutic alternatives. The mammalian target of rapamycin (mTOR) is a serine/threonine kinase that plays a central role in cell growth and homeostasis. Its regulation is frequently altered in various tumors and is an attractive target for cancer therapy; however, its status in GBC remains unclear.

Objective.—To characterize immunohistochemical expression and prognostic significance of phospho-mTOR in advanced gallbladder carcinoma.

Design.—Phospho-mTOR expression was examined by immunohistochemistry in tissue microarrays containing 128 advanced GBCs and 99 cases of chronic cholecystitis, which were divided into 2 groups according to the presence or absence of metaplasia. To evaluate the association of the level of phospho-mTOR expression with clinical variables and patient survival, the advanced GBCs were classified as having low or high expression. Statistical analysis was performed by using a significance level of P < .05, and Kaplan-Meier curves were constructed for survival analysis.

Results.—Immunostaining for phospho-mTOR was positive in 82 of 128 tumors (64.1%) and in 24% of chronic cholecystitis cases (16% nonmetaplasia and 32% with metaplasia) (P < .001). Survival analysis indicated that a high phospho-mTOR immunohistochemical expression was associated with poorer prognosis in patients with advanced GBC (P = .02).

Conclusions.—Metaplasia is a common finding in chronic cholecystitis and is considered a precursor lesion of dysplasia. Our results suggest that the activation of mTOR occurs very early during the development of GBC, contributing to the carcinogenesis process. Phospho-mTOR expression is correlated with poor survival, supporting the potential of mTOR for targeted therapy.
Nonneoplastic Renal Cortical Scarring at Tumor Nephrectomy Predicts Decline in Kidney Function
Authors: Salvatore Steven P. , Cha Eugene K. , Rosoff James S. , Seshan Surya V.
Published: April 2013

Context.—Evaluating nontumor portions of tumor nephrectomies is useful to diagnose nonneoplastic renal disease.

Objective.—To determine the medical renal disease frequency and to assess the prognostic significance of the various renal pathologic variables with long-term follow-up in tumor nephrectomy patients.

Design.—We reviewed nonneoplastic kidney sections of 456 consecutive cases from 1998 to 2008. Seventy-five cases were excluded (19 tumor compression, 25 no nonneoplastic tissue, 22 embolized kidneys, 9 end stage). Special staining, immunofluorescence, and/or electron microscopy was performed where appropriate. Vascular sclerosis was scored from mild to severe; interstitial fibrosis/tubular atrophy and global glomerulosclerosis (GS) were expressed as percentages. Follow-up, minimum 12 months, was evaluated in 156 cases. All renal pathologic variables were compared with regard to change in creatinine level from preoperative assessment to follow-up.

Results.—Of 381 cases, 57 had additional medical renal disease (15%), most frequently diabetic nephropathy (28) and hypertensive nephropathy (11). Postoperative creatinine levels increased significantly in patients with severe arteriosclerosis or arteriolosclerosis, >5% GS, and >10% interstitial fibrosis/tubular atrophy. Seventy-four percent of cases with additional nonneoplastic diagnoses showed severe arteriolosclerosis. Higher corresponding GS was seen in the more affected vascular cases: mean, 5.56% GS for mild versus 23% GS for severe. Three patients progressed to renal failure 1 to 4 years after nephrectomy, 2 with hypertensive nephrosclerosis and 1 with diabetic nephropathy.

Conclusions.—Medical renal disease was identified in 15% of tumor nephrectomy specimens. The degrees of vascular sclerosis, GS, and interstitial fibrosis/tubular atrophy are predictive of elevated creatinine levels in postnephrectomy patients. Prognostic implications of the nontumor pathology are important in nephrectomized patients.
Central Pathology Review for Phase III Clinical Trials: The Enabling Effect of Virtual Microscopy
Authors: Mroz Pawel , Parwani Anil V. , Kulesza Piotr
Published: April 2013

Context.—Central pathology review (CPR) was initially designed as a quality control measure. The potential of CPR in clinical trials was recognized as early as in the 1960s and quickly became embedded as an integral part of many clinical trials since.

Objective.—To review the current experience with CPR in clinical trials, to summarize current developments in virtual microscopy, and to discuss the potential advantages and disadvantages of this technology in the context of CPR.

Data Sources.—A PubMed (US National Library of Medicine) search for published studies was conducted, and the relevant articles were reviewed, accompanied by the authors' experience at their practicing institution.

Conclusions.—The review of the available literature strongly suggests the growing importance of CPR both in the clinical trial setting as well as in second opinion cases. However, the currently applied approach significantly impedes efficient transfer of slides and patient data. Recent advances in imaging, digital microscopy, and Internet technologies suggest that the CPR process may be dramatically streamlined in the foreseeable future to allow for better diagnosis and quality assurance than ever before. In particular, whole slide imaging may play an important role in this process and result in a substantial reduction of the overall turnaround time required for slide review at the central location. Above all, this new approach may benefit the large clinical trials organized by oncology cooperative groups, since most of those trials involve complicated logistics owing to enrollment of large number of patients at several remotely located participating institutions.
Recent Trends in Performance and Current State of Creatinine Assays
Authors: Killeen Anthony A. , Ashwood Edward R. , Ventura Christina B. , Styer Patricia
Published: April 2013

Context.—Measured plasma or serum creatinine concentration is a primary component of equations used to calculate estimated glomerular filtration rate (eGFR). In recent years, most assay manufacturers have adopted creatinine calibration procedures that are traceable to the National Institute of Standards and Technology's Standard Reference Material 967.

Objectives.—To examine the current performance of creatinine assays, to compare changes in assay performance since 2003, and to examine the reliability of laboratory eGFR calculations.

Design.—Serum samples spiked with different concentrations of creatinine were analyzed by participating laboratories in the College of American Pathologists' LN24 survey. Participants' reported values were compared against values measured by liquid chromatography-isotope dilution mass spectrometry. Participants were asked to calculate the eGFR for certain samples, and results were compared with those obtained from the 4-parameter Modification of Diet in Renal Disease equation.

Results.—Biases among current creatinine methods are in the range of −5% to 10%, compared with −7% to 34% seen in a 2003 study. This degree of bias in eGFR calculations is of clinical significance only for concentrations near the cut points used to stage chronic kidney disease. Approximately 20% of laboratories report eGFR values that exceed ±1 mL/min per 1.73 m2 from the expected eGFR using the 4-parameter Modification of Diet in Renal Disease equation.

Conclusions.—Since 2003, there have been improvements in the performance of creatinine assays, which appear to be related to the adoption of standard reference materials for calibration. The effect of the observed method biases in clinical practice now appears minimal. Laboratories should continue to monitor the accuracy of eGFR calculations.
Editorial: Tails Wagging Dogs
Authors: Aveny Brian
Published: April 2013

Editorial: Tails Wagging Dogs
Book Reviews
Authors: Goldwyn A. J. , De Gennaro Richard , Osborn Laura K. , Guthrie Gerry D.
Published: April 2013

Book Reviews
The effect of opportunistic illness on HIV RNA viral load and CD4+ T cell count among HIV‐positive adults taking antiretroviral therapy
Authors: Ekwaru John P , Campbell James , Malamba Samuel , Moore David M , Were Willy , Mermin Jonathan
Published: April 2013

Introduction

HIV RNA viral load (VL) has been shown to increase during opportunistic illnesses (OIs), suggesting active HIV replication in response to infection among patients not taking antiretroviral therapy (ART). We assessed the effects of OIs on HIV RNA VL and CD4+ T cell counts among patients on ART with initially suppressed VL.

Methods

Between 2003 and 2007, we enrolled and followed 1094 HIV‐1‐infected adults who initiated ART and had quarterly blood draws for VL and CD4+ T cell count. In VL/CD4+ T cell measurement intervals following undetectable VL, we compared the elevation in VL to detectable levels and CD4+ T cell count changes between intervals when participants had episodes of OIs and intervals when they did not have OIs.

Results

VL was more likely to be detectable if participants had OIs in the prior three months compared to when they did not (OR=4.0 (95% CI=1.9–8.6)). The CD4+ T cell counts declined 24.1 cells/µL per three months in intervals where the participants had OIs compared to an increase of 21.3 cells/µL per three months in intervals where they did not have OIs (adjusted difference in the rate of CD4+ T cell count change of 61.7 cells/µL per three months (95% CI=13.7–109.7), P value=0.012). The rate of CD4+ T cell count increase was 25.6 cells/µL per three months (95% CI=11.6–39.6) higher for females compared to males (p value=<0.001), 1.4 cells/µL per three months lower per one year increase in age (p value=0.046) and 4 cells/µL per three months lower per 10 cells/µL increase in the starting CD4+ T cell count value (p value=<0.001).

Conclusion

Episodes of opportunistic infections among patients taking ART with undetectable VL were associated with elevation of HIV RNA VL to detectable levels and decline in CD4+ T cell counts.

Clinical Trial Number: NCT00119093.
Congressional Hearing on Near‐Earth Objects Brings Reassurances and “What If” Questions
Authors: Showstack Randy
Published: April 2013

Despite repeated reassurances from Obama administration officials that it is unlikely that a near‐Earth object (NEO) could cause catastrophic damage on Earth anytime over the next several hundred years, members of the U.S. House of Representatives Committee on Science, Space, and Technology kept raising “what if” questions at a 19 March hearing about threats from space.
Water Coordination for a Changing Hydrology
Authors: Napolitano Grace F.
Published: April 2013

With increasing frequency, we are hearing reports and declarations about the real and impending impacts associated with changing hydrologic and physical systems. Droughts are forecasted to expand and persist, storms are increasing in frequency and intensity, and reservoirs are draining, filling up with sediment, or overflowing. The obvious conclusion is that we are in a changing, dynamic time regarding water, weather, and climate.
Science and Policy to Meet at 2013 AGU Conference
Authors: Uhlenbrock Kristan
Published: April 2013

On 24–26 June, hundreds of leading scientists, policy makers, industry professionals, and other interested stakeholders will join together at AGU's second annual Science Policy Conference in Washington, D. C. The theme for the 2013 conference, “Preparing for Our Future,” serves as a discussion point on how the Earth and space sciences can better prepare communities for a changing climate, support the national economy through innovative science, and protect the health and safety of humans and the environment around the globe.
Predictive model to protect satellites from space weather
Authors: Schultz Colin
Published: April 2013

The Sun is expected to reach solar maximum this year, heralding a peak in sunspot activity and, within a few years, an increase in geomagnetic storms. Within the past decade, the number of satellites in orbit has soared; these satellites form the technological backbone of an industry worth hundreds of billions of dollars per year. As of May 2012, nearly 1000 satellites occupied orbits around the Earth, with the bulk of these in either geosynchronous or low Earth orbits. Many currently active satellites, however, were launched in the past few years and are flying with new technologies that have been as yet untested in the harsh conditions presented by the peak of the solar cycle. Shifts in satellite construction techniques, including a reliance on off‐the‐shelf components rather than those designed to be hardened against radiation, mean that some modern equipment may remain vulnerable to solar activity. What's more, societal dependencies on the information provided by satellites, including the Global Positioning System time stamps used to drive automatic high‐frequency stock market trading, mean that the potential consequences of satellites being damaged by solar activity have increased.
iPastoral
Authors: Morris Mark
Published: April 2013

Architectural theorist and educator Mark Morris parallels the 18th‐century enthusiasm for the Claude glass, a black mirror that framed and filtered views into painterly landscapes, with the current infatuation for a similarly small shiny black device with a capacity for taking picturesque images.
Next‐Door Instructions
Authors: Roche François
Published: April 2013

For François Roche, the pastoral can threaten a phony eco‐friendly dualism: ‘It seems that our times have invited the two demons to the same cosy dinner party, thus provoking a divorce between the next door and the door after that ‐ a permanent schizophrenia.’ His research project, An Architecture ‘des humeurs’, thus seeks ‘to confront the unknown in a contradictory manner’.
Pastoral Manoeuvres: Ecologies of City, Nature and Practice
Authors: Berntsen Duncan
Published: April 2013

In the 21st century, the greening of public open spaces has proved one of the most compelling marketing teasers, but also one of the biggest ‘elephants in the room’. Architect, educator and urban designer Duncan Berntsen describes how students within the School of Architecture, Design and Construction at the University of Greenwich were encouraged to tackle this by developing ‘measurable innovative disruptions’ that could contribute positively to an urban sense of place.
Superior Mass Transfer Properties of Technical Zeolite Bodies with Hierarchical Porosity
Authors: Gueudré Laurent , Milina Maria , Mitchell Sharon , Pérez‐Ramírez Javier
Published: April 2013

Mass transfer in zeolite crystals can be enhanced by the introduction of a hierarchical network of auxiliary mesopores. To fully exploit pore engineering in the design of more efficient industrial catalysts, the benefit needs to be demonstrated over technically relevant forms. Here, the influence of shaping on the adsorption and diffusion properties of hierarchical ZSM‐5 is assessed by studying the gravimetric uptake of 2,2‐dimethylbutane over powders and millimeter‐sized bodies. Formed by extrusion or granulation with clay binders, the latter display a complex trimodal network of micro‐, meso‐, and macropores. The enhanced intracrystalline diffusivity due to the interconnected mesopores is preserved in the macroscopic bodies, independent of the shaping method or binder applied. Furthermore the superior overall diffusivity is retained in the hierarchical bodies compared to their conventional (purely microporous) counterparts, despite the significant extracrystalline resistance to mass transfer. The connective participation of mesopores, leading to a 6 times improved effective diffusivity in hierarchical with respect to conventional zeolite powders, is revealed by the distinct dependence on the adsorbate concentration and the relationship with the mesopore surface area. Analysis of the thermodynamic parameters derived from the adsorption isotherm proves a sensitive method to detect binder‐zeolite interactions induced upon shaping.
The Role of Electrostatics and Temperature on Morphological Transitions of Hydrogel Nanostructures Self‐Assembled by Peptide Amphiphiles Via Molecular Dynamics Simulations
Authors: Fu Iris W. , Markegard Cade B. , Chu Brian K. , Nguyen Hung D.
Published: April 2013

Smart biomaterials that are self‐assembled from peptide amphiphiles (PA) are known to undergo morphological transitions in response to specific physiological stimuli. The design of such customizable hydrogels is of significant interest due to their potential applications in tissue engineering, biomedical imaging, and drug delivery. Using a novel coarse‐grained peptide/polymer model, which has been validated by comparison of equilibrium conformations from atomistic simulations, large‐scale molecular dynamics simulations are performed to examine the spontaneous self‐assembly process. Starting from initial random configurations, these simulations result in the formation of nanostructures of various sizes and shapes as a function of the electrostatics and temperature. At optimal conditions, the self‐assembly mechanism for the formation of cylindrical nanofibers is deciphered involving a series of steps: (1) PA molecules quickly undergo micellization whose driving force is the hydrophobic interactions between alkyl tails; (2) neighboring peptide residues within a micelle engage in a slow ordering process that leads to the formation of β‐sheets exposing the hydrophobic core; (3) spherical micelles merge together through an end‐to‐end mechanism to form cylindrical nanofibers that exhibit high structural fidelity to the proposed structure based on experimental data. As the temperature and electrostatics vary, PA molecules undergo alternative kinetic mechanisms, resulting in the formation of a wide spectrum of nanostructures. A phase diagram in the electrostatics‐temperature plane is constructed delineating regions of morphological transitions in response to external stimuli.