bluuebunny/crossref_metadata_2025_split huggingface dataset:
A ‘Minefield of Misreckonings’: Europe’s Constitutional Pluralism
Authors: Christodoulidis Emilios 
Published: November 2015

Abstract
The paper is a critique of ‘constitutional pluralism’, as increasingly called upon to compensate for the social and democratic deficits of the European project, and of ‘constitutionalisation’ as compensating for the absence of any semblance of ‘constituent power’ at the European level. The substitution has been largely successful in redefining the terms of the debate. My interest in this paper, more specifically, is with constitutionalisation as a process of ‘becoming-constitutional’, the conditions of that process, and the criteria of ascription of constitutionality. My argument is that it involves a constitutive coupling with constitutional pluralism, such that allows even the current crisis to be portrayed as an ‘opportunity’ for Europe’s alleged ‘social market economy for the 21st century’ to ‘come out stronger’, its progress at no point obstructed or derailed by the peoples’ of Europe resistance to it.
‘Posting’ and ‘Posted Workers’: The Need for Clear Definitions of Two Key Concepts of the Posting of Workers Directive
Authors: van Hoek Aukje , Houwerzijl Mijke 
Published: November 2015

AbstractIn this chapter the authors discuss the personal scope of the Directive on the Posting of Workers (Dir 96/71/EC) and the implementation thereof in the Member States. The comparative findings are based on two studies conducted by the authors on behalf of the European Commission in 2010/2011. The authors argue that the concepts of ‘posting’ and ‘posted worker’ are crucial for a proper understanding of the scope of application of the Directive and its interaction with the Rome I Regulation on the applicable law to contractual obligations (Reg 593/2008). A clear and enforceable demarcation of the personal scope will help the Member States to combat abuse of the freedom to provide services and to distinguish more clearly between posting and other types of labour mobility. The proposal submitted by the European Commission to that effect (COM (2012) 131) is judged to be an important step in the right direction.
An Illusion of Protection and an Assumption of Responsibility: The Possibility of Swedish State Liability after Laval
Authors: van Leeuwen Barend 
Published: November 2015

Abstract
This chapter will look deeper into the question of horizontal direct effect in the Viking and Laval cases by focusing on the effects of the Laval judgment. It will be submitted that the Laval case was an example of the horizontal enforcement of the vertical right to be protected by the State against interference with one’s free movement rights under EU law. The trade union acted within a legislative framework which had been established by the State and which provided protection to the trade union. The CJEU’s judgment established that this protection had been illusory, and the Swedish State assumed responsibility by amending two pieces of legislation. However, the reasoning of the CJEU did not sufficiently recognise the vertical nature of the proceedings. As a result, the Swedish Labour Court granted Francovich damages against the trade union, but these damages did not adequately compensate Laval for its losses. Therefore, the extension of horizontal direct effect to trade unions has resulted in inadequate judicial protection in this case. In future cases which present themselves as cases between two private parties the CJEU should more carefully investigate the responsibility of the State. A more careful investigation would open up the possibility of a Francovich claim against the State, if the State bore responsibility for breaches of EU law committed by private parties.
A Fourth in the Court: Why Are There Advocates General in the Court of Justice?
Authors: Bobek Michal 
Published: November 2015

Abstract
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.
Advocates General and Grand Chamber Cases: Assistance with the Touch of Substitution
Authors: Łazowski Adam 
Published: November 2015

Abstract
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 Advocate General: Assisting the CJEU of Article 13 TEU to Secure Trust and Democracy
Authors: Solanke Iyiola 
Published: November 2015

Abstract
The Advocate General (AG) has been a permanent feature of the European Union judicial order since 1957. From two Advocates General (AGs) in a Community of six Member States and Court of seven judges, their number has risen to eight in a Union of 27 Member States, three courts and 61 judges. Their task under the Treaty has remained the same, as has their mode of recruitment. The Lisbon Treaty has, however, assigned a new task to the collective judiciary of the Union—under Article 13 TEU, it is to ‘serve’ the citizens of the EU. What does this mean, and in particular what does it mean for the AG—has the task of these non-decision making officers also changed? This chapter suggests that the objective of this new duty is to manufacture trust in the Court of Justice and argues that this requires more transparency at the CJEU and thus a new role for the Advocate General.
Direct observation of titanium-centered octahedra in titanium–antimony–tellurium phase-change material
Authors: Rao Feng , Song Zhitang , Cheng Yan , Liu Xiaosong , Xia Mengjiao , Li Wei , Ding Keyuan , Feng Xuefei , Zhu Min , Feng Songlin 
Published: November 2015

AbstractPhase-change memory based on Ti0.4Sb2Te3 material has one order of magnitude faster Set speed and as low as one-fifth of the Reset energy compared with the conventional Ge2Sb2Te5 based device. However, the phase-transition mechanism of the Ti0.4Sb2Te3 material remains inconclusive due to the lack of direct experimental evidence. Here we report a direct atom-by-atom chemical identification of titanium-centered octahedra in crystalline Ti0.4Sb2Te3 material with a state-of-the-art atomic mapping technology. Further, by using soft X-ray absorption spectroscopy and density function theory simulations, we identify in amorphous Ti0.4Sb2Te3 the titanium atoms preferably maintain the octahedral configuration. Our work may pave the way to more thorough understanding and tailoring of the nature of the Ti–Sb–Te material, for promoting the development of dynamic random access memory-like phase-change memory as an emerging storage-class memory to reform current memory hierarchy.
Identification of candidate genes for prostate cancer-risk SNPs utilizing a normal prostate tissue eQTL data set
Authors: Thibodeau S. N. , French A. J. , McDonnell S. K. , Cheville J. , Middha S. , Tillmans L. , Riska S. , Baheti S. , Larson M. C. , Fogarty Z. , Zhang Y. , Larson N. , Nair A. , O’Brien D. , Wang L. , Schaid D J. 
Published: November 2015

AbstractMultiple studies have identified loci associated with the risk of developing prostate cancer but the associated genes are not well studied. Here we create a normal prostate tissue-specific eQTL data set and apply this data set to previously identified prostate cancer (PrCa)-risk SNPs in an effort to identify candidate target genes. The eQTL data set is constructed by the genotyping and RNA sequencing of 471 samples. We focus on 146 PrCa-risk SNPs, including all SNPs in linkage disequilibrium with each risk SNP, resulting in 100 unique risk intervals. We analysecis-acting associations where the transcript is located within 2 Mb (±1 Mb) of the risk SNP interval. Of all SNP–gene combinations tested, 41.7% of SNPs demonstrate a significant eQTL signal after adjustment for sample histology and 14 expression principal component covariates. Of the 100 PrCa-risk intervals, 51 have a significant eQTL signal and these are associated with 88 genes. This study provides a rich resource to study biological mechanisms underlying genetic risk to PrCa.
Small-scale pig farmers’ behavior, silent release of African swine fever virus and consequences for disease spread
Authors: Costard Solenne , Zagmutt Francisco J. , Porphyre Thibaud , Pfeiffer Dirk Udo 
Published: November 2015

AbstractThe expanding distribution of African swine fever (ASF) is threatening the pig industry worldwide. Most outbreaks occur in backyard and small-scale herds, where poor farmers often attempt to limit the disease’s economic consequences by the emergency sale of their pigs. The risk of African swine fever virus (ASFV) release via this emergency sale was investigated. Simulation modeling was used to study ASFV transmission in backyard and small-scale farms as well as the emergency sale of pigs and the potential impact of improving farmers and traders’ clinical diagnosis ability–its timeliness and/or accuracy–was assessed. The risk of ASFV release was shown to be high and improving farmers’ clinical diagnosis ability does not appear sufficient to effectively reduce this risk. Estimates obtained also showed that the distribution of herd size within the backyard and small-scale sectors influences the relative contribution of these farms to the risk of release of infected pigs. These findings can inform surveillance and control programs.
TGFβ3 (TGFB3) polymorphism is associated with male infertility
Authors: Droździk Marek , Kaczmarek Maciej , Malinowski Damian , Broś Urszula , Kazienko Anna , Kurzawa Rafał , Kurzawski Mateusz 
Published: November 2015

AbstractFactors affecting the blood-testis barrier function may be involved in testicular damage and male infertility. Two cytokines play an important role in the barrier regulation, namely transforming growth factor beta 3 (TGF-β3) and tumor necrosis factor (TNF-α). The aim of this study was to investigate the potential association between TGF-β3 (TGFB3) and TNF-α (TNF) gene polymorphisms and male infertility. A total of 846 subjects, 423 diagnosed with male infertility and 423 fertile men were enrolled. TGFB3 (rs2268626:T > C, rs3917158:C > T, rs2284792:A > G, rs2268625:T > C, rs3917187:C > T) and TNF (rs1800629:-308G > A) gene polymorphisms were genotyped. No association between TNF genotype and infertility was observed. As for TGFB3, the genotypes distribution was similar in infertile and fertile men. However, rs2284792 minor allele frequency was significantly higher among infertile subjects. Heterozygous rs2284792 AG genotype was associated with increased odds for infertility [OR = 1.40 (95% CI 1.05–1.86), p = 0.021] and similar results were observed for G allele carrier status [OR = 1.40 (95% CI 1.06–1.84), p = 0.017]. Heterozygosity in TGFB3 rs3917158 was also associated with the infertility [OR = 1.37 (95% CI 1.01–1.87), p = 0.041]. The TGFB3 variant genotypes were associated with lower spermatozoa motility parameters in fertile men. The results indicate that variants in TGFB3 gene may be associated with male infertility. However, the findings require further replication and validation.
Size dependent nanomechanics of coil spring shaped polymer nanowires
Authors: Ushiba Shota , Masui Kyoko , Taguchi Natsuo , Hamano Tomoki , Kawata Satoshi , Shoji Satoru 
Published: November 2015

AbstractDirect laser writing (DLW) via two-photon polymerization (TPP) has been established as a powerful technique for fabrication and integration of nanoscale components, as it enables the production of three dimensional (3D) micro/nano objects. This technique has indeed led to numerous applications, including micro- and nanoelectromechanical systems (MEMS/NEMS), metamaterials, mechanical metamaterials and photonic crystals. However, as the feature sizes decrease, an urgent demand has emerged to uncover the mechanics of nanosized polymer materials. Here, we fabricate coil spring shaped polymer nanowires using DLW via two-photon polymerization. We find that even the nanocoil springs follow a linear-response against applied forces, following Hooke’s law, as revealed by compression tests using an atomic force microscope. Further, the elasticity of the polymer material is found to become significantly greater as the wire radius is decreased from 550 to 350 nm. Polarized Raman spectroscopy measurements show that polymer chains are aligned in nanowires along the axis, which may be responsible for the size dependence. Our findings provide insight into the nanomechanics of polymer materials fabricated by DLW, which leads to further applications based on nanosized polymer materials.
Function of desiccate in gustatory sensilla of drosophila melanogaster
Authors: Kawano Takeshi , Ryuda Masasuke , Matsumoto Hitoshi , Ochiai Masanori , Oda Yasunori , Tanimura Teiichi , Csikos Gyorge , Moriya Megumi , Hayakawa Yoichi 
Published: November 2015

AbstractDesiccate (Desi), initially discovered as a gene expressing in the epidermis of Drosophila larvae for protection from desiccation stress, was recently found to be robustly expressed in the adult labellum; however, the function, as well as precise expression sites, was unknown. Here, we found that Desi is expressed in two different types of non-neuronal cells of the labellum, the epidermis and thecogen accessory cells. Labellar Desi expression was significantly elevated under arid conditions, accompanied by an increase in water ingestion by adults. Desi overexpression also promoted water ingestion. In contrast, a knockdown of Desi expression reduced feeding as well as water ingestion due to a drastic decrease in the gustatory sensillar sensitivity for all tested tastants. These results indicate that Desi helps protect insects from desiccation damage by not only preventing dehydration through the integument but also accelerating water ingestion via elevated taste sensitivities of the sensilla.
Multimodal targeted high relaxivity thermosensitive liposome for in vivo imaging
Authors: Kuijten Maayke M. P. , Hannah Degeling M. , Chen John W. , Wojtkiewicz Gregory , Waterman Peter , Weissleder Ralph , Azzi Jamil , Nicolay Klaas , Tannous Bakhos A. 
Published: November 2015

AbstractLiposomes are spherical, self-closed structures formed by lipid bilayers that can encapsulate drugs and/or imaging agents in their hydrophilic core or within their membrane moiety, making them suitable delivery vehicles. We have synthesized a new liposome containing gadolinium-DOTA lipid bilayer, as a targeting multimodal molecular imaging agent for magnetic resonance and optical imaging. We showed that this liposome has a much higher molar relaxivities r1 and r2 compared to a more conventional liposome containing gadolinium-DTPA-BSA lipid. By incorporating both gadolinium and rhodamine in the lipid bilayer as well as biotin on its surface, we used this agent for multimodal imaging and targeting of tumors through the strong biotin-streptavidin interaction. Since this new liposome is thermosensitive, it can be used for ultrasound-mediated drug delivery at specific sites, such as tumors and can be guided by magnetic resonance imaging.
Supplemental vibrational force does not reduce pain experience during initial alignment with fixed orthodontic appliances: a multicenter randomized clinical trial
Authors: Woodhouse Neil R. , DiBiase Andrew T. , Papageorgiou Spyridon N. , Johnson Nicola , Slipper Carmel , Grant James , Alsaleh Maryam , Cobourne Martyn T. 
Published: November 2015

AbstractThis prospective randomized trial investigated the effect of supplemental vibrational force on orthodontic pain during alignment with fixed-appliances. Eighty-one subjects < 20 years-old undergoing extraction-based fixed-appliance treatment were randomly allocated to supplementary (20-minutes/day) use of an intra-oral vibrational device (AcceleDent®) (n = 29); an identical non-functional (sham) device (n = 25) or fixed-appliances only (n = 27). Each subject recorded pain intensity (using a 100-mm visual-analogue scale) and intake of oral analgesia in a questionnaire, following appliance-placement (T1) and first-adjustment (T2) for 1-week (immediately-after, 4, 24, 72-hours and at 1-week). Mean maximum-pain for the total sample was 72.96 mm [SD 21.59; 95%CI 68.19–77.74 mm] with no significant differences among groups (P = 0.282). Subjects taking analgesics reported slightly higher maximum-pain although this was not significant (P = 0.170). The effect of intervention was independent of analgesia (P = 0.883). At T1 and T2, a statistically and clinically significant increase in mean pain was seen at 4 and 24-hours, declining at 72-hours and becoming insignificant at 1-week. For mean alignment-rate, pain-intensity and use of analgesics, no significant differences existed between groups (P > 0.003). The only significant predictor for mean pain was time. Use of an AcceleDent vibrational device had no significant effect on orthodontic pain or analgesia consumption during initial alignment with fixed appliances.
Coexistence of Scattering Enhancement and Suppression by Plasmonic Cavity Modes in Loaded Dimer Gap-Antennas
Authors: Zhang Qiang , Xiao Jun-Jun , Li Meili , Han Dezhuan , Gao Lei 
Published: November 2015

AbstractPlasmonic nanoantenna is of promising applications in optical sensing and detection, enhancement of optical nonlinear effect, surface optical spectroscopy, photoemission, etc. Here we show that in a carefully-designed dimer gap-antenna made by two metallic nanorods, the longitudinal plasmon antenna mode (AM) of bonding dipoles can compete with the transverse plasmonic cavity modes (CMs), yielding dramatically enhanced or suppressed scattering efficiency, depending on the CMs symmetry characteristics. More specifically, it is demonstrated that an appropriately loaded gap layer enables substantial excitation of toroidal moment and its strong interaction with the AM dipole moment, resulting in Fano- or electromagnetically induced transparency (EIT)-like profile in the scattering spectrum. However, for CMs with nonzero azimuthal number, the spectrum features a cumulative signature of the respective AM and CM resonances. We supply both detailed near-field and far-field analysis, showing that the modal overlap and phase relationship between the fundamental moments of different order play a crucial role. Finally, we show that the resonance bands of the AM and CMs can be tuned by adjusting the geometry parameters and the permittivity of the load. Our results may be useful in plasmonic cloaking, spin-polarized directional light emission, ultra-sensitive optical sensing and plasmon-mediated photoluminescence.
Electrocaloric effect in ferroelectric nanowires from atomistic simulations
Authors: Herchig R. , Chang C.-M. , Mani B. K. , Ponomareva I. 
Published: November 2015

AbstractElectrocaloric effect is presently under active investigation owing to both the recent discoveries of giant electrocaloric effects and its potential for solid state cooling applications. We use first-principles-based direct simulations to predict the electrocaloric temperature change in ferroelectric ultrathin nanowires. Our findings suggest that in nanowires with axial polarization direction the maximum electrocaloric response is reduced when compared to bulk, while the room temperature electrocaloric properties can be enhanced by tuning the ferroelectric transition temperature. The potential of ferroelectric nanowires for electrocaloric cooling applications is discussed.
Association of SCNN1A Single Nucleotide Polymorphisms with neonatal respiratory distress syndrome
Authors: Li Wang , Long Chen , Renjun Li , Zhangxue Hu , Yin Hu , Wanwei Li , Juan Ma , Yuan Shi 
Published: November 2015

AbstractIncreasing evidence has demonstrated that lung fluid absorption disorders might be an important cause of neonatal respiratory distress syndrome (RDS) by influencing gas exchange or surfactant function. The SCNN1A gene, which encodes the α-ENaC, might predispose infants to RDS. To explore whether the single-nucleotide polymorphisms (SNPs) of SCNN1A are associated with RDS, we conducted a case-control study to investigate the RDS-associated loci in Han Chinese infants. Seven target SNPs were selected from the SCNN1A gene and were genotyped using the improved multiplex ligase detection reaction (iMLDR). In the total sample, only rs4149570 was associated with NRDS; this association was further confirmed in logistic regression analysis after adjusting for birth weight, gestational age and sex. In the subgroup of infants whose gestational age was 37 weeks and older, in addition to rs4149570, rs7956915 also showed a significant association with RDS. Interestingly, these associations were only observed in term infants. No significant association was observed between the target SNPs and the risk of RDS in preterm infants. We report for the first time that the rs4149570 and rs7956915 polymorphisms of SCNN1A might play important roles in the susceptibility to RDS, particularly in term infants.
In vitro follicle growth supports human oocyte meiotic maturation
Authors: Xiao Shuo , Zhang Jiyang , Romero Megan M. , Smith Kristin N. , Shea Lonnie D. , Woodruff Teresa K. 
Published: November 2015

AbstractIn vitro follicle growth is a potential approach to preserve fertility for young women who are facing a risk of premature ovarian failure (POF) caused by radiation or chemotherapy. Our two-step follicle culture strategy recapitulated the dynamic human follicle growth environment in vitro. Follicles developed from the preantral to antral stage, and, for the first time, produced meiotically competent metaphase II (MII) oocytes after in vitro maturation (IVM).