bluuebunny/crossref_metadata_2025_split huggingface dataset:
UDL and Intellectual Disability: What Do We Know and Where Do We Go?
Authors: Rao Kavita , Smith Sean J. , Lowrey K. Alisa 
Published: February 2017

AbstractAs an instructional design framework that can be used to design curriculum for students with and without disabilities, Universal Design for Learning (UDL) has the potential to support meaningful inclusion of students with intellectual disability (ID) in general educational settings. This article presents an overview of the existing set of research studies on UDL application for students with ID in PreK-12 settings. The current body of research illustrates that UDL is being applied to instructional activities for students with ID to examine a variety of interventions (e.g., adapted stories for individual students, inclusive general education curriculum) and outcomes (e.g., interaction, perceptions, knowledge gains) in self-contained and general educational settings. It also identifies important questions for consideration in future research as the field seeks to determine how UDL guidelines can be applied to curriculum, used with evidence-based and effective practices, and used to support schoolwide initiatives inclusive of students with ID.
Prognostic Role of Molecular Forms of B-Type Natriuretic Peptide in Acute Heart Failure
Authors: Suzuki Toru , Israr M Zubair , Heaney Liam M , Takaoka Minoru , Squire Iain B , Ng Leong L 
Published: February 2017

Abstract

BACKGROUND
B-type natriuretic peptide (BNP) molecular forms 5-32, 4-32, and 3-32 are known to be present in the circulation of heart failure (HF) patients. This study investigated the prognostic role of circulating BNP molecular forms on risk prediction for patients with acute HF.

METHODS
BNP molecular forms were measured in plasma using an immunocapture MALDI-TOF–mass spectrometry (MS) method. Associations of molecular BNP forms with adverse outcome of all-cause mortality (death) and a composite of all-cause mortality and rehospitalization due to HF (death/HF) at 6 months and 1 year were investigated.

RESULTS
BNP molecular forms 5-32, 4-32, and 3-32 were detected in 838 out of 904 patient samples. BNP molecular forms were all able to independently predict death and death/HF at 6 months and 1 year. BNP 5-32 was the superior form with strongest predictive qualities for death at 6 months [adjusted hazard ratio (HR) 1.31, P = 0.005] and 1 year (adjusted HR 1.29, P = 0.002) and death/HF at 1 year (adjusted HR 1.18, P = 0.011). BNP 5-32, 4-32, and 3-32 showed decreased survival rates across increasing tertiles of circulating concentrations (P ≤ 0.004). BNP molecular forms showed prognostic ability comparable with conventional BNP measurements across all end points (P = 0.002–0.032 vs P = 0.014–0.039, respectively) and reduced associations with renal dysfunction (blood urea; Spearman correlation rs = 0.187–0.246 vs rs = 0.369, respectively).

CONCLUSIONS
BNP molecular forms, notably BNP 5-32, showed association with poor prognosis at 6 months and 1 year in patients with acute HF. This is the first study reporting the prognostic ability of molecular BNP forms in HF patients and demonstrated comparable qualities to conventional BNP measurements.
Inflation, dark energy, and dark matter
Authors: Kalita Ranku 
Published: February 2017

Inflation leads to omega=1 for the big bang universe, and which is indeed observed. However, two mysterious constituents – dark energy and dark matter – have to be present in the big bang universe for omega = 1. This paper utilizes propositions about the nature of dark energy and dark matter to trace their origins to the contents of the inflationary universe.
Response of a physiological controller for ventricular assist devices during acute patho-physiological events: an in vitro study
Authors: Petrou Anastasios , Pergantis Panagiotis , Ochsner Gregor , Amacher Raffael , Krabatsch Thomas , Falk Volkmar , Meboldt Mirko , Daners Marianne Schmid 
Published: February 2017

AbstractThe current paper analyzes the performance of a physiological controller for turbodynamic ventricular assist devices (tVADs) during acute patho-physiological events. The numerical model of the human blood circulation implemented on our hybrid mock circulation was extended in order to simulate the Valsalva maneuver (VM) and premature ventricular contractions (PVCs). The performance of an end-diastolic volume (EDV)-based physiological controller for VADs, named preload responsive speed (PRS) controller was evaluated under VM and PVCs. A slow and a fast response of the PRS controller were implemented by using a 3 s moving window, and a beat-to-beat method, respectively, to extract the EDV index. The hemodynamics of a pathological circulation, assisted by a tVAD controlled by the PRS controller were analyzed and compared with a constant speed support case. The results show that the PRS controller prevented suction during the VM with both methods, while with constant speed, this was not the case. On the other hand, the pump flow reduction with the PRS controller led to low aortic pressure, while it remained physiological with the constant speed control. Pump backflow was increased when the moving window was used but it avoided sudden undesirable speed changes, which occurred during PVCs with the beat-to-beat method. In a possible clinical implementation of any physiological controller, the desired performance during frequent clinical acute scenarios should be considered.
Second-harmonic generation in a sphere
Authors: Dhayal Suman 
Published: February 2017

AbstractWe consider nonlinear muti-wave mixing in a sphere. We compare the efficiency of wave mixing in a sphere with the efficiency in a bulk or in the slab where, as well-known, the phase-matching plays an important role. We have found the optimal conditions for nonlinear generation in a sphere. The obtained results can be applied to coherent Raman microscopy and allow us to maximize the signal for arbitrary shpae of nanoparticles.
Numerical Modeling of Fluid Flow, Heat Transfer and Arc–Melt Interaction in Tungsten Inert Gas Welding
Authors: Li Linmin , Li Baokuan , Liu Lichao , Motoyama Yuichi 
Published: February 2017

AbstractThe present work develops a multi-region dynamic coupling model for fluid flow, heat transfer and arc–melt interaction in tungsten inert gas (TIG) welding using the dynamic mesh technique. The arc–weld pool unified model is developed on basis of magnetohydrodynamic (MHD) equations and the interface is tracked using the dynamic mesh method. The numerical model for arc is firstly validated by comparing the calculated temperature profiles and essential results with the former experimental data. For weld pool convection solution, the drag, Marangoni, buoyancy and electromagnetic forces are separately validated, and then taken into account. Moreover, the model considering interface deformation is adopted in a stationary TIG welding process with SUS304 stainless steel and the effect of interface deformation is investigated. The depression of weld pool center and the lifting of pool periphery are both predicted. The results show that the weld pool shape calculated with considering the interface deformation is more accurate.
Dual System of Constitutional Interpretation A Hong Kong Experience
Authors: Li Lawrence 
Published: February 2017

Abstract
After the People's Republic of China resumed her sovereign control over Hong Kong, the Hong Kong Special Administrative Region was established pursuant to the Basic Law of Hong Kong, which is the constitutional document for Hong Kong. The Basic Law of Hong Kong defines the scope of autonomy enjoyed by Hong Kong as a region within a unitary state under the policy of 'one country, two systems.' However, the policy has never been clear, and it leads to controversy surrounding the application of the ‘dual system’ of constitutional interpretation in Hong Kong, as the highest appellate court in Hong Kong, the Court of Final Appeal, may be required to refer to the Chinese Government for interpretation of the Basic Law. In this article, the referral mechanism in the Basic Law and the scope of constitutional jurisdiction enjoyed by the Hong Kong Court of Final Appeal after the two landmark cases, Ng Ka Ling v Director of Immigration and Democratic Republic of the Congo v FG Hemisphere Associates LLC, will be discussed with reference to the similar mechanism under Article 177 of the Treaty Establishing the European Economic Community (now Article 267 of the Treaty on the Functioning of the European Union), to ascertain who will interpret the ‘mini-constitution’ of Hong Kong.
Some Major Themes in the Study of Constitutionalism and Democracy in Africa
Authors: Hessebon Gedion T 
Published: February 2017

Abstract
We have now been through two decades since the onset of what has been deemed the ‘second liberation’ of Africa. In these two decades, interest in the study of constitutionalism has been gaining momentum and an increasing body of scholarly literature is being produced on constitutionalism and multi-party democracy in African states. Though an exhaustive treatment of this literature in a single paper is impossible, in this paper an attempt will be made to identify and highlight some of the major themes in the comparative constitutional law and democratization scholarship focused on Africa. Specifi­cally, four themes will be identified and discussed. These are: i) autochthony and cultural contextualization of constitutionalism, ii) executive hegemony and imperial presidencies, iii) economic critiques and discontents with the liberal democratic model and iv) the effects and accommodation of ethnicity.
Torture in US Jails and Prisons: An Analysis of Solitary Confinement Under International Law
Authors: Conley Anna 
Published: February 2017

Abstract
One of the most serious human rights violations today is occurring throughout the US. In US jails and prisons, individuals are held in solitary confinement for weeks, months and even years. Solitary confinement can cause significant psychological damage, including cognitive delays, increased suspicion and paranoia, increased anxiety, fear, ag­gression and hostility, heightened feelings of helplessness and depression, and increased thoughts and attempts at self-mutilation and suicide. Many prisoners held in this severe form of isolation are juveniles or individuals with serious mental illness, to whom it is par­ticularly damaging. Although solitary confinement is common in the rest of the world, no­where is it more prevalent as a long-term prisoner management tool than in the United States. US courts have found that solitary confinement is a violation of the Eighth Amend­ment to the US Constitution in certain situations, yet the practice persists.
As a global movement against solitary confinement grows, the United Nations and re­gional human rights tribunals have spoken out against the practice. A robust body of inter­national case law has defined the contours of when solitary confinement is cruel, inhuman or degrading treatment, and the instances in which it is torture. International bodies pro­hibit solitary confinement for juveniles, prisoners with mental illness, and prisoners on death row or with life sentences. International tribunals generally find solitary confinement for all prisoners contrary to applicable law where it constitutes incommunicado detention, where it is unnecessarily prolonged without justification, and where the totality of condi­tions of confinement cross a threshold into unacceptable cruelty.
As international law prohibiting solitary confinement crystallizes, the practice in the United States may be curtailed through reliance on international law by US judges. Further, the US executive may take an increased interest in curbing solitary confinement to avoid repu­tational damage among the global community.
Legisprudence Limitations on Constitutional Amendments? Reflections on The Czech Constitutional Court’s Declaration of Unconstitutional Constitutional Act
Authors: Roznai Yaniv 
Published: February 2017

Abstract
Can a constitutional norm be unconstitutional? This idea seems, at first sight as a self-contradiction. Unconstitutionality is commonly referred to those ordinary laws, inferior to the constitution, which violate it. Constitutional norms, in contrast, carry an equal normative status as the constitution itself and other constitutional provisions. The question of unconstitutional constitutional norms recently arose in the Czech Republic. On 10 September 2009, the Czech Constitutional Court declared Constitutional Act no 195/2009 Coll, on Shortening the Fifth Term of Office of the Chamber of Deputies to be unconstitutional. The Czech Constitutional Court held that the constitutional act was an individual, specific decision and retroactive, thus violating the unamendability provision (Art 9(2)) in the Constitution, which prohibits amendments to the essential requirement for a democratic state governed by the rule of law. This article analyses the Czech Constitutional Court’s decision in a broader comparative and theoretical perspective and focuses, mainly, on four issues: first, the Czech Constitutional Court’s authority to substantively review constitutional norms; second, the appropriate standard of review when exercising judicial review of constitutional norms; third, the ‘individual, specific’ character of the constitutional act; and fourth, its alleged retroactive application. The article claims that while the Czech Constitutional Court was generally correct in claiming an authority to substantively review even constitutional norms, this was not the appropriate case in which to annul a constitutional act.
Judges and Policy Making Authority in the United States and the European Union
Authors: Kouroutakis Antonios E. 
Published: February 2017

Abstract
Institutions such as the US Supreme Court and the European Court of Justice in due time have developed a status of supremacy through judicial activism. The main target of the article is to identify the judicial activism exercised by these Courts and to reason its need in the legal order. In the first part the US Supreme Court and the European Court of Justice are placed in the overall polity that they belong to and the development of their status and their characteristics are analyzed. The major concern of the first part is to examine how those declared their supremacy and focus on major cases and their reason­ing.
In the second part the extent of the judicial supremacy in each legal order is discussed and its effects in the decision making process are examined. The assumption that judicial activ­ism is acceptable only if it expresses consensus in the legal order is tested and it is argued that up to an extent, Judicial Activism does not distort the political agenda when it ex­presses the consensus of the legal system. Finally, it is argued that when such activism exceeds the boundaries of the consensus, the other actors in the legal system would even­tually react and would limit such activism.
According to the Spirit and not to the Letter: Proportionality and the Singapore Constitution
Authors: Lee Jack Tsen-Ta 
Published: February 2017

Abstract
When interpreting the fundamental liberties in the Singapore Constitution, courts presently do not engage in a proportionality analysis - that is, a consideration of whether limitations on rights imposed by executive or legislative action bear a rational relation with the object of the action, and, if so, whether the limitations restrict rights as minimally as possible. The main reason for this appears to be the expansive manner in which exceptions to the fundamental liberties are phrased, and the courts’ deferential attitude towards the political branches of government. This paper considers how the rejection of proportionality has affected the rights to freedom of expression and assembly, and freedom of religion, and argues that although proportionality was originally a European legal doctrine, its use in Singapore is not only desirable but necessary if the Constitution is to be regarded as guaranteeing fundamental liberties instead of merely setting out privileges that may be abridged at will by the Government.
Protecting Free Exercise of Religion under the Indian and the United States Constitutions: the Doctrine of Essential Practices and the Centrality Test
Authors: Gautam Khagesh 
Published: February 2017

Abstract
Free Exercise of Religion is a protected constitutional right under the democratic constitutions of both the biggest democracy in the world ie India and the most powerful democracy in the world ie United States of America. Despite textual similarities in the free-exercise clauses of Constitutions of both of these democracies, there is a big difference in the standards of review whereby free exercise claims are judicially reviewed by their re­spective Supreme Courts. Whereas the US Supreme Court does not give much weight to the sincerity of the religious belief and employs the ‘religion-neutral’ test, the Supreme Court of India gives due weight to the sincerity of the religious belief and employs a ‘reli­gion-central’ test known in Indian free-exercise jurisprudence as the Doctrine of Essential Practices. However, a closer examination of judicial opinions on the point discloses that sincerity of religious belief is not entirely unimportant in US free-exercise jurisprudence but still is not given the kind of importance that it is given in India - a nation that is and has historically been religiously diverse.
This paper closely examines the free-exercise jurisprudence as developed by the respec­tive Supreme Courts and argues that in view of the changing religious diversity in the United States perhaps time has come to re-examine the reluctance of the American courts to give its due weightage to the sincerity of religious belief while judicially reviewing free-exercise claims. Relying on several judicial opinions of the US Supreme Court and its sub­ordinate courts in the US and by demonstrating their factual and doctrinal equivalents in the Supreme Court of India, this paper argues that free-exercise clauses of both the US and Indian Constitutions protect not just the right to believe in whichever religion an indi­vidual chooses but also acts in pursuit of religion. The belief-act distinction - an idea at the core of much of US free-exercise jurisprudence is not what is truly protected by the free-exercise clause. What is protected indeed are the acts done in pursuance of religious belief. A line has to be drawn between the acts that are sincerely done in pursuance of religion and those that are not. This line has to be drawn by the Courts on a case to case basis. And that is where US free-exercise jurisprudence would be well assisted in examining Indian free-exercise jurisprudence on the point.
Parliamentary Sovereignty – A Doctrine Unfit for Purpose
Authors: Orakhelashvili Alexander 
Published: February 2017

Abstract
Parliamentary sovereignty in the British constitutional context is expressive of the utilitarian philosophy which dictates that government is there to gratify the wishes and interests of the majority to the greatest extent possible. This approach, at times cast in more moderate terms as ‘democratic legitimacy’, arguably reflects the majoritarian underpinnings of British parliamentarism. A close look on the workings of ‘parliamentary sovereignty’ reveals, however, that its discrete constitutional relevance is not great. Courts in the English legal system retain their full-fl edged law-making power, and are entitled to balance the legislation-backed public utility by common law constitutional considerations. The examination of the relevant aspects of English law shows that parliamentary sovereignty is neither sufficient nor necessary for properly articulating and giving effect to the demands of public utility.
On the Obergefell Dissenters′ Selective Judicial Self-restraint
Authors: Turner Ronald 
Published: February 2017

Abstract
In its landmark decision in Obergefell v Hodges a five-Justice majority of the United States Supreme Court held that state laws depriving same-sex couples of the right to marry violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. Four dissenting Justices - Chief Justice John G Roberts, Jr and Justices Antonin Scalia, Clarence Thomas, and Samuel Anthony Alito, Jr - criticized the majority’s ruling and analysis. Calling for judicial self-restraint and deference to the outcomes of democratic decision-making, the dissenters argued that same-sex marriage bans enacted by state legislatures did not violate the Constitution. This essay argues and demonstrates that the Obergefell dissenters have not restrained themselves in other cases in which they voted to strike down legislative enactments and did not defer to democratic decision-making. This selective restraint reveals that the dissenters have not been unwaveringly committed to judicial self-restraint, and raises the central question of when should the Court defer to legislatures in cases presenting constitutional challenges to state or federal laws.
The Fiduciary Role of Members of Parliament and Ministers
Authors: Nasrawin Laith K. 
Published: February 2017

Abstract
This article sheds light on the relationship between politicians and the voting public to establish the grounds on which the electorate build their legitimate expectations that both members of the legislative authorities and government ministers should act in the public interest in order to fulfill their fiduciary duty.
Both members of parliaments and ministers in government are expected to promote the interests of their constituents in parliaments and to serve the political interests of their parties when joining the government. They should comply with the principles of ‘Public Duty’ and ‘Duty as a Representative’, that is, they should act on behalf of their electorate and also in accordance with the public trust placed in them. This underlying duty could be elevated to a ‘fiduciary duty’ on elected members and ministers to act in the interests of their constituents, the beneficiaries, as an underscore of all models of representation, and as an emphasis of the ethical decision-making, which includes impartiality, accountability and integrity.
The Italian Constitutional Court Case Law on Competition Law and Free Trade within the Framework of the European Union Legal System
Authors: Lanza Elisabetta M. 
Published: February 2017

Abstract
This paper analyzes the path paved by the Italian Constitutional Court (ICC) in order to reconcile the series of its inconsistent judgments dealing with free trade, right to economic initiative, and freedom of competition. For this purpose, this article aims at investigating the role of the Italian Constitutional Court in the ‘constitutionalization’ of free trade and freedom of competition and at assessing the relationship between European Union policies and the Constitutional Court interpretation thereof.
The last decade demonstrates, on the one hand, that the European Union law has influenced the domestic case law and, on the other hand, that, in turn, the European Union legal system has been ‘constitutionalized’ through the introduction of social and constitutional principles deriving from the Member States’ Constitutions.
Fatgraph models of RNA structure
Authors: Huang Fenix , Reidys Christian , Rezazadegan Reza 
Published: February 2017

Abstract In this review paper we discuss fatgraphs as a conceptual framework for RNA structures. We discuss various notions of coarse-grained RNA structures and relate them to fatgraphs.We motivate and discuss the main intuition behind the fatgraph model and showcase its applicability to canonical as well as noncanonical base pairs. Recent discoveries regarding novel recursions of pseudoknotted (pk) configurations as well as their translation into context-free grammars for pk-structures are discussed. This is shown to allow for extending the concept of partition functions of sequences w.r.t. a fixed structure having non-crossing arcs to pk-structures. We discuss minimum free energy folding of pk-structures and combine these above results outlining how to obtain an inverse folding algorithm for PK structures.