bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Role of Exploitation in Abuse under Article 82 EC
Authors: Akman Pinar 
Published: October 2012

AbstractThere is a distinction between exclusionary and exploitative abuse. An exploitative abuse directly harms customers whilst an exclusionary abuse may indirectly harm consumers. Whilst the EC Commission expresses the objective of Article 82 EC as enhancing consumer welfare, its review of the application of Article 82 EC and its 2008 Guidance on enforcement priorities is limited to exclusionary abuses and excludes consideration of exploitative abuses. This chapter argues that exploitation—direct harm to the customer—is a necessary element of an Article 82 EC infringement. However, mere exploitation does not demonstrate harm to competition and without the latter exploitation should not be prohibited by Article 82 EC. It thus advocates a fusion of the exclusionary and exploitative analysis.
Justice in Haste, Justice Denied? The European Court of Justice and the Area of Freedom, Security and Justice
Authors: Rosas Allan 
Published: October 2012

AbstractThis chapter considers the ECJ procedure and, in particular, the length of time required for cases to be heard, especially in proceedings pertaining to the Area of Freedom, Security and Justice, an area in which the saying ‘justice delayed, justice denied’ has particular force. It examines in particular the new urgent procedure, conceived in order to enable the Court to decide a case falling under the Area of Freedom, Security and Justice within an expedited time-frame. It concludes that, while undue haste should be avoided, lengthy time-frames for court proceedings are more often than not a sign of poor case management. The Area of Freedom, Security and Justice provides a special incentive for the ECJ to be vigilant as regards the length of court proceedings.
The Language or Languages of Consumer Contracts
Authors: Whittaker Simon 
Published: October 2012

Does european community law make any requirement as to the language in which the terms of consumer contracts are to be expressed?At the outset, I need to explain that the significance of this question (and its answer) will differ according to what is meant by the word ‘language’ itself. A first meaning is found where one refers to English, French, or Chinese as a ‘language’, that is, to quote theOxford English Dictionary, ‘a system of communication used by a particular country or community’. A second meaning of ‘language’, again as explained by theOxford English Dictionary, refers to ‘the manner or style of a piece of writing or speech’; so, for example, one may describe a piece of prose as being written in simple or elaborate, verbose or laconic, language. To avoid confusion in the following discussion, I shall refer to these two different significances as ‘language type’ and ‘language style’.
Trusting Judges to Deliver Changes: Italy, the EU and Labour Law
Authors: Sciarra Silvana 
Published: October 2012

The title of this paper embraces three concepts which will be used as paths to reach a destination. The destination is Italy, taken as an example of an active promoter of European integration, even when facing difficulties in complying with its obligations under the EC Treaty.The first path leads towards judicial intervention, seen as a major tool for making changes within a national legal system. Some examples (section III) concern the scrutiny that the ECJ operates, when prompted by the Commission, acting under Article 88(2) EC. Other examples (sections IV and V) are related to the open dialogue national judges engage in with the ECJ, when they start preliminary references under Article 234 EC.
The European Arrest Warrant
Authors: Spencer John R 
Published: October 2012

In broad terms, there are two approaches to returning suspects and convicted persons to the other countries where they are wanted, and would prefer for obvious reasons not to go.One is what is called in the common law world ‘the backing of warrants’. Here, the authorities of the jurisdiction where the person is wanted issue their normal warrant of arrest, which is sent directly to the authorities of the jurisdiction where he is, who endorse it if it appears to be in order, and give it to their policemen to execute it as if it were their own. The suspect is then ‘lifted’, and handed over to the authorities of the country where he is wanted with the minimum of fuss—the unspoken premise being that the authorities of the requesting jurisdiction normally act lawfully and reasonably, and their arrest warrants can be taken at face value and acted upon unless a strong reason to the contrary can be given.
The Public Sector as a Good Employer: The Application of the Acquired Rights Directive to Public Authorities
Authors: Garde Amandine 
Published: October 2012

Advocate General Mayras described a public authority as ‘that which arises from the sovereignty and majesty of the State; for him who exercises it, it implies the powers of enjoying the prerogatives outside the general law, privileges of official power and powers of coercion over citizens’.This quotation has an eighteenth century flavour and is difficult to adapt to the complex legal and economic system of the European Community the extraordinary remit of which has extended to many activities traditionally reserved to the State and to public authorities. The scope of this remit blurs the distinction between what could be termed the exercise of a public power and what could be termed the exercise of an economic function. The ‘Europeanization of public service provision’ has thus rendered the definition of a ‘public authority’ elusive. One of the areas where such a definition has been particularly problematic is the protection of employees’ rights in the event of the transfer of an undertaking.
Partial Harmonisation and European Social Policy: A Case Study on the Acquired Rights Directive
Authors: Garde Amandine 
Published: October 2012

The question of Community competence has been one of the most debated issues since the ruling in Tobacco Advertising I, in which the Court annulled, for the first time, a Community Directive for lack of competence. This judgment is significant in terms of assessing the constitutional role of the Court in the Community legal order.The aim of this article is not to comment on the Tobacco Advertising judgment. Rather, it is to consider the question of competence from a different angle: that of partial harmonisation.
The European Community’s Anti-Dumping Policy: The Quest for Enhanced Predictability, Rationality, European Solidarity and Legitimacy
Authors: Harpaz Guy 
Published: October 2012

I predict the Union of the people of Europe one day will come when you England, when you France, when you Germany, all of you nations of the continent without losing your own distinctive abilities and without losing your glorious individuality, will join together in a higher body and you will find European Brotherhood. Victor HugoThe interface between trade and competition has long been the focus of scholarship. Its international dimension has in recent years increasingly attracted the attention of commentators, international organisations in general and the European Community (EC) in particular, multilateral and regional judicial bodies, as well as nongovernmental organisations. This article analyses one dimension of this interface, namely the EC Anti-Dumping (AD) Policy directed at non-European dumped goods, and its relationship with the EC Competition Policy.
Oncological Outcomes of Laparoscopic and Open Treatment (Nephroureterectomy) for Urothelial Tumors of the Upper Urinary Tract
Authors: Lotrecchiano Giuseppe , Cave Aldo Delle , Tripodi Vincenzo , De Fortuna Enrico , Quaranta Antonio , Attanasi Franco , Salzano Luigi 
Published: October 2012

Currently, the treatment of choice in urothelial tumors of the upper urinary tract is nephroureterectomy (NU) as an Open procedure (ONU), though the laparoscopic treatment is now routinely performed as a minimally invasive therapy (LNU). LNU has demonstrated oncologic safety at least equivalent to open, but some issues dealing with cancer still remain. We retrospectively analyzed data from 36 LNU performed between 2006 and 2010, compared with data of 32 ONU performed in 2002–2005 (pre-laparoscopy era). The mean follow-up was 23 months in patients undergoing LNU and 42 months for those treated with ONU. In particular, we evaluated cancer recurrence, the site of recurrence and survival rates. We had local recurrence in 3 patients (8.3%) after LNU and 2 after ONU (6.25%). 2 patients who underwent LNU (5.5%) died of metastatic disease at 9 and 12 months; 3 patients who underwent ONU (9.3%) died of metastasis at 12, 16 and 23 months, respectively. Bladder recurrence was observed in 3 patients after ONU and in 4 after LNU. The most frequent sites of cancer recurrence were: local recurrence (3 LUN, 2 ONU), 1 laparoscopic port recurrence, 3 regional lymph node recurrences (2 LNU, 1ONU), bladder recurrences (3 LNU, 4 ONU). There were no significant differences in disease recurrence and even survival rates at 1 and 3 years were not very different between the two techniques. The grade and stage of cancer affecting the incidence of metastatic disease, as well as the localization of early disease (pelvis-ureter-both) is a negative prognostic factor, rather than the surgical technique used. Therefore, there is no evidence that the control is compromised in cancer patients treated with LNU rather than with ONU.
Potatoes, Including French Fries, Contribute Key Nutrients to Diets of U.S. Adults: NHANES 2003-2006
Authors: Freedman Marjorie R. , Keast Debra R. 
Published: October 2012

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

A printed Z-shaped electric meta-atom is presented as an alternative design to the conventional electric-LC (ELC) resonator. We propose to redesign the ELC resonator pattern to get a compact and a low cost electric resonator exhibiting a strong electric response. Our approach consists in redressing the resonator shape to accommodate higher inductance and therefore leading to a lower resonance frequency without being limited by fabrication tolerances. Simulation and measurement results show that the Z metaatom exhibits an electric response to normally incident radiation and can be used very effectively in producing materials with negative permittivity.
Super‐Resolution Microscopy: A Comparative Treatment
Authors: Kasuboski James M. , Sigal Yury J. , Joens Matthew S. , Lillemeier Bjorn F. , Fitzpatrick James A.J. 
Published: October 2012

AbstractOne of the fundamental limitations of optical microscopy is that of diffraction, or in essence, how small a beam of light can be focused by using an optical lens system. This constraint, or barrier if you will, was theoretically described by Ernst Abbe in 1873 and is roughly equal to half the wavelength of light used to probe the system. Many structures, particularly those within cells, are much smaller than this limit and thus are difficult to visualize. Over the last two decades, a new field of super‐resolution imaging has been created and been developed into a broad range of techniques that allow routine imaging beyond the far‐field diffraction limit of light. In this unit we outline the basic principles of the various super‐resolution imaging modalities, paying particular attention to the technical considerations for biological imaging. Furthermore, we discuss their various applications in the imaging of both fixed and live biological samples. Curr. Protoc. Cytom. 62:2.17.1‐2.17.24. © 2012 by John Wiley & Sons, Inc.
Quantitative Fluorescent Speckle Microscopy (QFSM) to Measure Actin Dynamics
Authors: Mendoza Michelle C. , Besson Sebastien , Danuser Gaudenz 
Published: October 2012

AbstractQuantitative fluorescent speckle microscopy (QFSM) is a live‐cell imaging method to analyze the dynamics of macromolecular assemblies with high spatial and temporal resolution. Its greatest successes were in the analysis of actin filament and adhesion dynamics in the context of cell migration and microtubule dynamics in interphase and the meiotic/mitotic spindle. Here, focus is on the former application to illustrate the procedures of FSM imaging and the computational image processing that extracts quantitative information from these experiments. QFSM is advantageous over other methods because it measures the movement and turnover kinetics of the actin filament (F‐actin) network in living cells across the entire field of view. Experiments begin with the microinjection of fluorophore‐labeled actin into cells, which generate a low ratio of fluorescently labeled to endogenously unlabeled actin monomers. Spinning disk confocal or wide‐field imaging then visualizes fluorophore clusters (two to eight actin monomers) within the assembled F‐actin network as speckles. QFSM software identifies and computationally tracks and utilizes the location, appearance, and disappearance of speckles to derive network flows and maps of the rate of filament assembly and disassembly. Curr. Protoc. Cytom. 62:2.18.1‐2.18.26. © 2012 by John Wiley & Sons, Inc.
Live‐Animal Imaging of Renal Function by Multiphoton Microscopy
Authors: Dunn Kenneth W. , Sutton Timothy A. , Sandoval Ruben M. 
Published: October 2012

AbstractIntravital microscopy, microscopy of living animals, is a powerful research technique that combines the resolution and sensitivity found in microscopic studies of cultured cells with the relevance and systemic influences of cells in the context of the intact animal. The power of intravital microscopy has recently been extended with the development of multiphoton fluorescence microscopy systems capable of collecting optical sections from deep within the kidney at subcellular resolution, supporting high‐resolution characterizations of the structure and function of glomeruli, tubules, and vasculature in the living kidney. Fluorescent probes are administered to an anesthetized, surgically prepared animal, followed by image acquisition for up to 3 hr. Images are transferred via a high‐speed network to specialized computer systems for digital image analysis. This general approach can be used with different combinations of fluorescent probes to evaluate processes such as glomerular permeability, proximal tubule endocytosis, microvascular flow, vascular permeability, mitochondrial function, and cellular apoptosis/necrosis. Curr. Protoc. Cytom. 62:12.9.1‐12.9.18. © 2012 by John Wiley & Sons, Inc.
Compression Test (Gaenslen's Squeeze Test) Positivity, Joint Tenderness, and Disease Activity in Patients With Rheumatoid Arthritis
Authors: Wiesinger Tanja , Smolen Josef S. , Aletaha Daniel , Stamm Tanja 
Published: October 2012

AbstractObjectiveGaenslen's test (GT) positivity is characterized by tenderness upon lateral compression (squeezing) of the metacarpophalangeal (MCP) or metatarsophalangeal (MTP) joints. We aimed to assess the factors related to a positive GT and to explore differences in disease activity between GT‐positive and ‐negative patients.MethodsThe GT was performed routinely in outpatients with rheumatoid arthritis (RA). In total, 229 patients had a positive GT (GT‐positive group). To this group, we matched a GT‐negative group (n = 222) comparable in sex, age, disease duration, and rheumatoid factor (RF) positivity. Disease activity scores, swollen and tender joint counts, patient pain and global assessments, evaluator's global assessment, morning stiffness, disability assessments, acute phase reactants, RF, and anti–citrullinated protein antibody levels were assessed and used for correlation analyses. A comparison between the GT‐positive and ‐negative groups was performed and a regression model was calculated.ResultsAll clinical variables, including disease activity scores, joint counts, and disability assessments, were significantly higher in the GT‐positive group than the GT‐negative group. Also, there were significantly fewer patients in remission or with low disease activity in the GT‐positive group. GT positivity correlated most strongly (r > 0.5) with joint tenderness (32‐ and 28‐joint counts). Tender proximal interphalangeal, MCP, and MTP joints appeared mostly responsible for a positive GT, but more than 1 MCP/MTP joint had to be tender to explain a positive GT.ConclusionThe GT is related primarily to tenderness in MCP and MTP joints and signifies a moderate to high disease activity among patients with RA.
Approximate loop shaping in PID parameter adaptation
Authors: Tsakalis Kostas S. , Dash Sachi 
Published: October 2012

SUMMARYThis paper discusses the use of H‐infinity approximation for the online adaptation of PID controller parameters. For a frequency loop‐shaping control objective, it is possible to adapt the PID parameters directly with linear model estimation algorithms. Standard least squares algorithms are common solutions for this problem, but their estimates exhibit a well‐known strong dependence on the properties of the excitation. This drawback becomes more pronounced for systems where the modeling mismatch is large, as is frequently the case in PID control. In an alternative formulation of the estimation problem, we use a filter‐bank to decompose the error signal to different components and minimize approximately the H‐infinity norm of the sensitivity‐weighted error operator. This approach results in a more consistent estimate of the optimal PID parameters, at the expense of higher excitation requirements. It also allows for the computation of a ‘health indicator’ to describe the confidence in the estimated parameters. The practical implication of this observation is that PIDs can be tuned more reliably, even in cases of large mismatch between the target and the feasible loop shapes. It also suggests a general theme where a min–max optimization of an operator error provides an advantage over signal error optimization. The key aspects of the algorithm are illustrated by numerical examples. Copyright © 2012 John Wiley & Sons, Ltd.
Na2FeP2O7 as a Promising Iron‐Based Pyrophosphate Cathode for Sodium Rechargeable Batteries: A Combined Experimental and Theoretical Study
Authors: Kim Heejin , Shakoor R. A. , Park Chansun , Lim Soo Yeon , Kim Joo‐Seong , Jo Yong Nam , Cho Woosuk , Miyasaka Keiichi , Kahraman Ramazan , Jung Yousung , Choi Jang Wook 
Published: October 2012

AbstractConsidering the promising electrochemical performance of the recently reported pyrophosphate family in lithium ion batteries as well as the increasing importance of sodium ion batteries (SIBs) for emerging large‐scale applications, here, the crystal structure, electrochemical properties, and thermal stability of Na2FeP2O7, the first example ever reported in the pyrophosphate family for SIBs, are investigated. Na2FeP2O7 maintains well‐defined channel structures (triclinic framework under the P1 space group) and exhibits a reversible capacity of ≈90 mAh g−1 with good cycling performance. Both quasi‐equilibrium measurements and first‐principles calculations consistently indicate that Na2FeP2O7 undergoes two kinds of reactions over the entire voltage range of 2.0–4.5 V (vs Na/Na+): a single‐phase reaction around 2.5 V and a series of two‐phase reactions in the voltage range of 3.0–3.25 V. Na2FeP2O7 shows excellent thermal stability up to 500 °C, even in the partially desodiated state (NaFeP2O7), which suggests its safe character, a property that is very critical for large‐scale battery applications.
Allergic asthma caused by exposure to bacterial alpha‐amylase termamyl®
Authors: Baur Xaver , Budnik Lygia Therese , von Kirchbach Gottfried 
Published: October 2012

AbstractBackgroundAirborne enzymes behave as potent respiratory allergens. Till date, allergic disorders caused by genetically engineered enzymes widely used in the industry, have not been reported.Results and ConclusionsWe describe a worker employed in the detergent industry who developed asthma and rhinitis from IgE‐mediated sensitization to the thermostable endo‐alpha‐amylase Termamyl® and to the protease Savinase®. This is the first report showing that Termamyl® elicits allergic respiratory disorders in humans. Am. J. Ind. Med. 56:378–380, 2013. © 2012 Wiley Periodicals, Inc.
Paranasal sinus cholesterol granuloma: systematic review of diagnostic and management aspects
Authors: Durgam Aditya , Batra Pete S. 
Published: October 2012

BackgroundCholesterol granuloma (CG) is an expansile, cystic lesion most commonly observed in the temporal bone. CG is rarely encountered in the paranasal sinuses. Given its paucity in this region, the diagnostic and management aspects remain to be elucidated.MethodsSystematic review of the literature yielded 66 cases reported as individual data in 37 articles; an additional 69 cases were reported as aggregate data in 5 case series.ResultsThe mean age of the 135 patients was 43.8 years, with a male:female ratio of 5.6:1. The most common presenting symptoms were orbital (66%), followed by headaches (19.3%). The most common location for CG was the frontal sinus (60%), followed by maxillary (34.1%) and ethmoid (3.7%) sinuses. Computed tomography (CT) imaging was used in 84 patients (63.3%), with bone erosion being noted in 80% of cases. Magnetic resonance imaging (MRI) was reported in only 9 cases (6.7%); high signal on T1‐ and T2‐weighted images was evident in 77.8% and 66.7%, of cases respectively. Surgical data was available on 65 cases; drainage was achieved by open and endoscopic techniques in 52 (80%) and 13 (20%) cases, respectively. Primary symptom improvement and CG cavity patency was achieved in 92% of cases at a mean follow‐up of 34.5 months.ConclusionParanasal sinus CG is most commonly observed in middle‐aged males, arises in the frontal sinus, and typically presents with orbital symptoms. Both open and endoscopic techniques can be used with high success rate. The present study represents the first attempt in the literature to construct a clinical profile of this rare entity.