bluuebunny/crossref_metadata_2025_split huggingface dataset:
Restitution's Realism
Authors: Dagan Hanoch 
Published: May 2009

Abstract
This chapter describes the foundations of (significant parts of) the American law of restitution. It argues that this body of law can, and therefore should, be read as a contextual application of our commitments to autonomy, utility, and community in various situations of benefit-based liability or benefit-based recovery. LER shows that, because different restitutionary doctrines involve differing categories of interpersonal relationships, they invoke different interpretations and different balances of these values. And yet, maybe unsurprisingly, LER also demonstrates, at least at a high level of generality, how these core liberal values serve (or should serve) as the normative underpinnings of the law of restitution in its entirety. Since LER's publication in 2004, a number of review essays and book reviews have appeared. Reviewers have suggested interesting insights and several intriguing critiques. This chapter appreciates these challenges, and has addressed them in order to rethink and, in some cases, defend some of LER's main propositions more successfully. Not all the points raised in these reviews have been covered and the chapter has not been able to do justice to all their subtleties. The discussion has been confined to several recurrent themes focusing on LER's jurisprudential premises. These premises are legal realist, at least according to the chapter's reconstruction of this school's lessons. Some of the critics argue that LER fails because it is too infused with realism; others complain that LER is not loyal enough to the realist legacy. The chapter discusses both sides. Before embarking in a dialogue with critics, however, it outlines an understanding of legal realism, it explains the ways in which LER is indeed an exercise in legal realism, and provides a summary of LER's analysis of the law of mistakes.
The Normative Foundations of Unjust Enrichment
Authors: Klimchuk Dennis 
Published: May 2009

Abstract
There are two principal accounts of the normative foundations of unjust enrichment. The first holds that the plaintiff's right to restitution for unjust enrichment is a claim in corrective justice. The second holds that the plaintiff's right vindicates a set of values to which our legal system is committed. This chapter unpacks what is at issue in the debate between these two accounts, and the chapter sets that debate in two contexts. The first is the main justificatory puzzle posed by the claim in unjust enrichment, which puzzle is brought into relief by asking whether the right to restitution for unjust enrichment is primary or secondary. The second context is a set of linked foundational issues in political philosophy and private law theory, issues that it is argued are engaged by the question: What justifies liability in unjust enrichment?
The Meaning of Loss and Enrichment
Authors: Edelman James 
Published: May 2009

Abstract
The chapter explores the nature and meaning of enrichment in the law of unjust enrichment. It seeks symmetry in several aspects of the law. First, enrichment or gain should be the mirror of loss. In the law of wrongdoing, a gain made at the moment of the infringement of a claimant's rights should be assessed in the same way as a loss incurred at the moment of infringement of a claimant's rights. Second, the same approach to the basic measure of enrichment, or gain, received should be taken in the law of wrongs as the approach taken to it in the law of unjust enrichment. The chapter explains that just as an immediate loss to the claimant is an undesired consequence, the value of which is objectively assessed, so too an immediate gain or enrichment transferred from the claimant is a desired consequence, the value of which is objectively assessed. Different functional considerations govern the award of subsequent losses and the disgorgement of subsequent profits, the latter of which is properly treated as a different remedy.
Unjust Enrichment and the Idea of Public Law
Authors: Mitchell Charles , Oliver Peter 
Published: May 2009

Abstract
This chapter considers Martin Loughlin's work on the nature of public law and its implications for claims to recover money paid as tax which is not due. Loughlin argues that most Anglo-American jurists misunderstand public law because they take it to be an autonomous and self-contained body of rules, when its distinctive character actually consists in its role within the political sphere as part of the apparatus of government. The chapter analyses some leading cases on the recovery of overpaid tax from a Loughlinite perspective, arguing that if such claims do not fall exclusively within the public law sphere, then they should at least be seen as hybrids, to be decided with an eye to public law considerations although they are framed as private law actions in unjust enrichment. The point is made that such hybrid claims undermine corrective justice explanations of the law of unjust enrichment because their resolution turns on considerations other than the vindication of the parties' equal status as self-determining actors. Finally, while some cases are shown to be pre-occupied with doctrinal rule-making, others are shown to be more overtly driven by the desire to manage disputes between State and taxpayer in a politically astute way.
Hub genes with positive feedbacks function as master switches in developmental gene regulatory networks
Authors: Seo Chang H. , Kim Jeong-Rae , Kim Man-Sun , Cho Kwang-Hyun 
Published: May 2009

AbstractMotivation: Spatio-temporal regulation of gene expression is an indispensable characteristic in the development processes of all animals. ‘Master switches’, a central set of regulatory genes whose states (on/off or activated/deactivated) determine specific developmental fate or cell-fate specification, play a pivotal role for whole developmental processes. In this study on genome-wide integrative network analysis the underlying design principles of developmental gene regulatory networks are examined.Results: We have found an intriguing design principle of developmental networks: hub nodes, genes with high connectivity, equipped with positive feedback loops are prone to function as master switches. This raises the important question of why the positive feedback loops are frequently found in these contexts. The master switches with positive feedback make the developmental signals more decisive and robust such that the overall developmental processes become more stable. This finding provides a new evolutionary insight: developmental networks might have been gradually evolved such that the master switches generate digital-like bistable signals by adopting neighboring positive feedback loops. We therefore propose that the combined presence of positive feedback loops and hub genes in regulatory networks can be used to predict plausible master switches.Contact: ckh@kaist.ac.krSupplementary information: Supplementary data are available at Bioinformatics online.
Figure mining for biomedical research
Authors: Rodriguez-Esteban Raul , Iossifov Ivan 
Published: May 2009

Abstract
Motivation: Figures from biomedical articles contain valuable information difficult to reach without specialized tools. Currently, there is no search engine that can retrieve specific figure types.
Results: This study describes a retrieval method that takes advantage of principles in image understanding, text mining and optical character recognition (OCR) to retrieve figure types defined conceptually. A search engine was developed to retrieve tables and figure types to aid computational and experimental research.
Availability: http://iossifovlab.cshl.edu/figurome
Contact: raul.rodriguez-esteban@pfizer.com
Local solutions to manage the effects of global climate change on a marine ecosystem: a process guide for marine resource managers
Authors: Higgason Kelley D. , Brown Maria 
Published: May 2009

Abstract
Higgason, K. D., and Brown, M. 2009. Local solutions to manage the effects of global climate change on a marine ecosystem: a process guide for marine resource managers. – ICES Journal of Marine Science, 66: 1640–1646. The marine environment plays an important role in controlling the amount of CO2 that remains within the earth’s atmosphere, but it has not received as much attention as the terrestrial environment regarding climate-change effects, mitigation programmes, and action plans. Potential physical effects of climate change within the marine environment, including ocean acidification, changes in winds that drive upwelling and ocean circulation patterns, increasing global sea surface temperatures, and sea level rise, can result in dramatic changes within marine and coastal ecosystems. Often, marine resource managers feel overwhelmed by the magnitude of this issue and are therefore uncertain how to begin to take action. It may seem that they do not have the time, funding, or staff to take on a challenge as large as climate change, and fail to act as a result. Using NOAA’s Gulf of the Farallones National Marine Sanctuary as a case study, this paper outlines the need to act now and presents an easy-to-use process guide, providing managers options to incorporate effectively the influences of climate change into management strategies, as well as mitigate these influences through community outreach and a reduction in workplace emissions.
Brown Blotch Caused by Pseudomonas tolaasii on Cultivated Pleurotus eryngii in Spain
Authors: González A. J. , González-Varela G. , Gea F. J. 
Published: May 2009

In 2006, symptoms of brown blotch were observed on cultivated Pleurotus eryngii (king oyster mushroom) in Castilla-La Mancha (Spain). Subsequently, between January and May of 2008, brown blotch affected 39.75% of the blocks of substrate cultivated, resulting in a considerable loss of production. Symptoms observed were principally characterized by a yellowish brown-to-orangish color, first of the cap and then of the stalk. Some samples also showed a slightly concave cap. From samples collected from four different king oyster mushroom farms, a fluorescent gram-negative bacterium was recovered on King's B medium and identified as Pseudomonas tolaasii by the LOPAT scheme and other tests (2). The bacterium isolated had the following characteristics: oxidative, positive for oxidase and arginine dihydrolase, negative for levan production, pectinolitic activity on potato slices, and tobacco hypersensitivity. Results from other tests were as follows: negative for esculin hydrolysis and positive for gelatine, casein, and Tween 80 hydrolysis; mannitol, erythritol, sorbitol, m-inositol, and adonitol were used as a sole carbon source, but not sucrose, d-tartrate, or trigonelline. The white line test was performed (4) using P. reactans LPPA 540 and the presumptive isolates of P. tolaasii were positive. The gene encoding the 16S rRNA from two isolates (LPPA532 and LPPA533) was sequenced after PCR amplification (2) and their nucleotide sequences (1,400 bp; EMBL Accession No. FM864215 for LPPA 532) proved to be identical. The amplified sequences were compared with DNA sequences available in databases (GenBank, EMBL, DDBJ, and PDB) by using BLAST. An identity of 99% was obtained with 16S rDNA of three P. tolaasii strains (GenBank Accession Nos. AF320990, AF094750, and AF255336). Four isolates were selected for pathogenicity tests. Bacterial suspensions were grown for 16 h in yeast peptone glucose broth (approximately 108 CFU/ml) and were inoculated by puncture into 10 mushroom caps using sterilized wooden toothpicks (4). Sterilized distilled water was used as a control. These were then incubated at room temperature in glass dishes. Assays were conducted twice and the results were recorded after 10 days. The symptoms that developed after infection were similar to those observed in the crop, while the control mushrooms remained symptomless. Bacteria sharing the characteristics of the inoculated isolates were recovered from symptomatic caps. P. tolaasii has been described as causing brown blotch on Pleurotus eryngii (1,3), but to our knowledge, this is the first report of P. tolaasii causing brown blotch on Pleurotus eryngii in Spain. References: (1) J. F. Bradbury. No. 891 in: Descriptions of Pathogenic Fungi and Bacteria. CMI, Kew, Surrey, UK, 1987. (2) A. J. González et al. Appl. Environ. Microbiol. 69:2936, 2003. (3) A. Russo et al. Microbiol. Res. 158:265, 2003. (4) J. M. Wells et al. Phytopathology 86:1098, 1996.
Spinach (Spinacia oleracea) is a New Natural Host of Impatiens necrotic spot virus in California
Authors: Liu H.-Y. , Sears J. L. , Mou B. 
Published: May 2009

Spinach (Spinacia oleracea) plants exhibiting severe stunting and leaves that showed interveinal yellowing, thickening, and deformation were found in an experimental trial adjacent to an artichoke field in Monterey County, CA in October of 2008. Percent incidence of symptomatic plants ranged from 20 to 39% in cvs. Bordeaux, Lazio, and Tigercat. Symptomatic plants were positive for Impatiens necrotic spot virus (INSV; family Bunyaviridae, genus Tospovirus) and were negative for Tomato spotted wilt virus, Cucumber mosaic virus, and Tobacco mosaic virus when tested with immunostrips (Agdia Inc., Elkhart, IN). The INSV-positive spinach was used for mechanical transmission to Nicotiana benthamiana, Chenopodium quinoa, and spinach. All inoculated plants were positive for INSV with immunostrips. To further confirm the presence of INSV, reverse transcription (RT)-PCR was conducted. Total RNA was extracted from the symptomatic spinach plants using a RNeasy Plant Kit (Qiagen Inc., Valencia, CA) and used as a template in RT-PCR using forward (5′-GGATGTAAGCCCTTCTTTGTAGTGG-3′) and reverse (5′-CCTTCCAAGTCACCCTCTGATTG-3′) primers specific to the INSV nucleoprotein (N) gene (GenBank Accession No. DQ425096). Amplicons of the expected size (approximately 364 bp) were obtained from both field-infected and mechanically inoculated spinach plants. Four amplicons were sequenced and compared with INSV N gene sequence in GenBank to confirm the identity of the products. Sequences obtained had 99% nucleotide identity with INSV sequences available under the GenBank Accession Nos. L20885, DQ523597, DQ523598, X66872, L20886, D00914, AB109100, and DQ425096. INSV can be one of the most serious viral pathogens of ornamental plants in North America and Europe. The host range of INSV is expanding and recent reports of INSV infection of vegetables include lettuce, peppers, peanut, and potato (1–4). To our knowledge, this is the first report of natural occurrence of INSV in spinach in California. Since INSV is vectored by thrips, its expanding natural host could make it an economically important problem in California and the United States. References: (1) S. T. Koike et al. Plant Dis. 92:1248, 2008. (2) R. A. Naidu et al. Online publication. doi:10.1094/PHP-2005-0727-01-HN, Plant Health Progress, 2005. (3) S. S Pappu et al. Plant Dis. 83:966, 1999. (4) K. L. Perry et al. Plant Dis. 89:340, 2005.
Functional Characterization of the Arabidopsisβ-Ketoacyl-Coenzyme A Reductase Candidates of the Fatty Acid Elongase
Authors: Beaudoin Frédéric , Wu Xianzhong , Li Fengling , Haslam Richard P. , Markham Jennifer E. , Zheng Huanquan , Napier Johnathan A. , Kunst Ljerka 
Published: May 2009

AbstractIn plants, very-long-chain fatty acids (VLCFAs; &gt;18 carbon) are precursors of sphingolipids, triacylglycerols, cuticular waxes, and suberin. VLCFAs are synthesized by a multiprotein membrane-bound fatty acid elongation system that catalyzes four successive enzymatic reactions: condensation, reduction, dehydration, and a second reduction. A bioinformatics survey of the Arabidopsis (Arabidopsis thaliana) genome has revealed two sequences homologous to YBR159w encoding a Saccharomyces cerevisiae β-ketoacyl reductase (KCR), which catalyzes the first reduction during VLCFA elongation. Expression analyses showed that both AtKCR1 and AtKCR2 genes were transcribed in siliques, flowers, inflorescence stems, leaves, as well as developing embryos, but only AtKCR1 transcript was detected in roots. Fluorescent protein-tagged AtKCR1 and AtKCR2 were localized to the endoplasmic reticulum, the site of fatty acid elongation. Complementation of the yeast ybr159Δ mutant demonstrated that the two KCR proteins are divergent and that only AtKCR1 can restore heterologous elongase activity similar to the native yeast KCR gene. Analyses of insertional mutants in AtKCR1 and AtKCR2 revealed that loss of AtKCR1 function results in embryo lethality, which cannot be rescued by AtKCR2 expression using the AtKCR1 promoter. In contrast, a disruption of the AtKCR2 gene had no obvious phenotypic effect. Taken together, these results indicate that only AtKCR1 is a functional KCR isoform involved in microsomal fatty acid elongation. To investigate the roles of AtKCR1 in postembryonic development, transgenic lines expressing RNA interference and overexpression constructs targeted against AtKCR1 were generated. Morphological and biochemical characterization of these lines confirmed that suppressed KCR activity results in a reduction of cuticular wax load and affects VLCFA composition of sphingolipids, seed triacylglycerols, and root glycerolipids, demonstrating in planta that KCR is involved in elongation reactions supplying VLCFA for all these diverse classes of lipids.
Senescence-Induced Serotonin Biosynthesis and Its Role in Delaying Senescence in Rice Leaves
Authors: Kang Kiyoon , Kim Young-Soon , Park Sangkyu , Back Kyoungwhan 
Published: May 2009

Abstract
Serotonin, which is well known as a pineal hormone in mammals, plays a key role in conditions such as mood, eating disorders, and alcoholism. In plants, although serotonin has been suggested to be involved in several physiological roles, including flowering, morphogenesis, and adaptation to environmental changes, its regulation and functional roles are as yet not characterized at the molecular level. In this study, we found that serotonin is greatly accumulated in rice (Oryza sativa) leaves undergoing senescence induced by either nutrient deprivation or detachment, and its synthesis is closely coupled with transcriptional and enzymatic induction of the tryptophan biosynthetic genes as well as tryptophan decarboxylase (TDC). Transgenic rice plants that overexpressed TDC accumulated higher levels of serotonin than the wild type and showed delayed senescence of rice leaves. However, transgenic rice plants, in which expression of TDC was suppressed through an RNA interference (RNAi) system, produced less serotonin and senesced faster than the wild type, suggesting that serotonin is involved in attenuating leaf senescence. The senescence-retarding activity of serotonin is associated with its high antioxidant activity compared to either tryptophan or chlorogenic acid. Results of TDC overexpression and TDC RNAi plants suggest that TDC plays a rate-limiting role for serotonin accumulation, but the synthesis of serotonin depends on an absolute amount of tryptophan accumulation by the coordinate induction of the tryptophan biosynthetic genes. In addition, immunolocalization analysis revealed that serotonin was abundant in the vascular parenchyma cells, including companion cells and xylem-parenchyma cells, suggestive of its involvement in maintaining the cellular integrity of these cells for facilitating efficient nutrient recycling from senescing leaves to sink tissues during senescence.
Characterizing soil surface roughness using a combined structural and spectral approach
Authors: Croft H. , Anderson K. , Kuhn N. J. 
Published: May 2009

SummaryThe ability to quantitatively and spatially assess soil surface roughness is important in geomorphology and land degradation studies. This paper describes the results of an experiment designed to investigate whether hyperspectral directional reflectance factors can describe fine‐scale variations in soil surface roughness. A Canadian silt loam soil was sieved to an aggregate size range of 1–4.75 mm and exposed to five different artificial rainfall durations to produce soils displaying progressively decreasing levels of surface roughness. Each soil state was measured using a point laser profiling instrument at 2 mm spatial resolution, in order to provide information on the structure and spatial arrangement of soil particles. Hyperspectral directional reflectance factors were measured using an Analytical Spectral Devices FieldSpec Pro Spectroradiometer (range 350–2500 nm), at a range of measurement angles (θr=−60° to +60°) and illumination angle conditions (θi= 28°–74°). Directional reflectance factors varied with illumination and view angles, and with soil structure. Geostatistically‐derived indicators of soil surface roughness (sill variance) were regressed with directional reflectance factors. The results showed a strong relationship between directional reflectance and surface roughness (R2= 0.94 where θr=−60°, θi= 67°–74°). This fine‐scale quasi‐natural experiment allowed the control of slope, initial aggregate size and rainfall exposure, permitting an investigation into factors affecting a soil’s bidirectional reflectance response. This has highlighted the relationship between fine‐scale variations in surface roughness, illumination angle and reflectance response. The results show how the technique could provide a quantitative measure of surface roughness at fine spatial scales.
SEM image analysis in the study of a soil chronosequence on fluvial terraces of the middle Guadalquivir (southern Spain)
Authors: Calero J. , Delgado R. , Delgado G. , Martín‐García J. M. 
Published: May 2009

SummaryA Quaternary fluvial chronosequence (Guadalquivir River, southern Spain), consisting of five soil profiles with estimated ages of 300 years (Haplic Fluvisol), 7000 years (Haplic Calcisol), 70 000 years (Cutanic Luvisol), 300 000 years (Lixic Calcisol) and 600 000 years (Cutanic Luvisol), was studied. Increasing soil age was associated with increases in: reddening, development of structure, clay content, dithionite‐extractable iron (Fed) and aluminium (Ald) and strengthening of X‐ray diffraction (XRD) peaks for phyllosilicates and iron oxides; there were also decreases in pH and percentage of carbonates in the fine earth and lower XRD peaks for calcite and dolomite. These changes indicate that the principal pedogenic processes were weathering, clay illuviation, rubefaction and the weathering and leaching of carbonates. We have further characterized the pedogenetic chronosequence by quantification of ultramicrofabrics of ped interiors using image analysis (IA) techniques on images obtained with scanning electron microscopy (SEM). We have estimated morphometric ultramicrofabric parameters for particle clusters, skeleton grains and pore space. These are closely related to analytical, mineralogical and macromorphological properties. In the principal component analysis, the first two principal components of the combined morphological, analytical and mineralogical data accounted for 78% of the total variance. The first component (48%) is loaded by variables associated with clay illuviation, relative accumulation of iron and aluminium sesquioxides and the weathering and leaching of carbonates. The components are related to ultramicrofabric development trends. We tested several chronofunctions derived from analytical and morphometric attributes. The logarithmic model fitted best, and we interpret this as indicating pedogenetic processes that are converging towards a steady state.