bluuebunny/crossref_metadata_2025_split huggingface dataset:
Treaties in Domestic Civil Litigation: Jura Novit Curia?
Authors: Petersen Clement Salung 
Published: July 2011

AbstractMany international treaties regulate relations between states and private individuals (vertical treaty rules) and transnational relations between private individuals (transnational treaty rules), and domestic civil litigation often plays an important role in the enforcement of such rules. The actual impact of treaty rules in domestic civil litigation depends inter alia on the procedural principles governing the judicial application of law. In the European legal tradition of civil law, these principles are often expressed by the Latin adages “jura novit curia” (the court knows the law) and “da mihi factum, dabo tibi jus” (give me the facts, I give you the law). This article analyses how such procedural principles affect the obligations of domestic courts to apply vertical and transnational treaty rules in civil litigation and how, at the same time, international law can influence these domestic procedural principles in ways which create a complex relationship between international law and domestic civil procedure law.
Empathy, Rationality, and Explanation
Authors: Stueber Karsten , Bevir Mark 
Published: July 2011

AbstractThis paper describes the historical background to contemporary discussions of empathy and rationality. It looks at the philosophy of mind and its implications for action explanation and the philosophy of history. In the nineteenth century, the concept of empathy became prominent within philosophical aesthetics, from where it was extended to describe the way we grasp other minds. This idea of empathy as a way of understanding others echoed through later accounts of historical understanding as involving re-enactment, noticeably that of R. G. Collingwood. For much of the late twentieth century, philosophers of history generally neglected questions about action explanation. In the philosophy of mind, however, Donald Davidson inspired widespread discussions of the role of folk psychology and rationality in mental causation and the explanation of actions, and some philosophers of history drew on his ideas to reconsider issues related to empathy. Today, philosophers inspired by the discovery of mirror neurons and the theory of mind debate between theory theorists and simulation theorists are again making the concept of empathy central to philosophical analyses of action explanation and to historical understanding.
Re-enacting in the Second Person
Authors: Dharamsi Karim 
Published: July 2011

AbstractR. G. Collingwood’s theory of re-enactment has long been understood as an important contribution to the philosophy of history. It has also been challenging to understand how re-enactment is operationalized in the practice of understanding past actors or, indeed, other minds occupying less remote regions of our experiences. Sebastian Rödl has recently articulated a compelling defence of second person ascription, arguing that it is, in form, analogous to first person understanding. By Rödl’s lights, second person understanding follows the same order of reason as its first person counterpart. In this paper I argue that Rödl’s case for second person understanding, and its relationship to the first person point of view, is at once compelling in its own right but also helpful in explaining how re-enactment may be operationalized.
The Role of Joint Experience in Historical Narratives
Authors: Seemann Axel 
Published: July 2011

AbstractThere are historical events which cannot easily be made sense of by reference to the actions of single individuals. I suggest that one way to understand such events is by building on the involved agents’ joint experience, or reports thereof. The phenomenology of joint involvement, so my suggestion, is of use in a particular kind of sense making that combines hermeneutical and explanatory elements. Such sense making, I argue, is narrative in character. I suggest a particular conception of historical narratives that aligns them with what I call, taking up an idea from Ian McEwan’s novel Atonement, ‘psychological realism’ — the idea that what renders stories accurate is a reality with both physical and mental characteristics. I end by illustrating my account with a historical example.
Collingwood and Weber vs. Mink: History after the Cognitive Turn
Authors: Turner Stephen 
Published: July 2011

AbstractLouis Mink wrote a classic study of R. G. Collingwood that led to his most important contribution to the philosophy of history, his account of narrative. Central to this account was the non-detachability thesis, that facts became historical facts through incorporation into narratives, and the thesis that narratives were not comparable to the facts or to one another. His book on Collingwood was critical of Collingwood’s idea that there were facts in history that we get through self-knowledge but which are nevertheless objective, his account of re-enactment, and his notion of absolute presuppositions. It is illuminating to compare Collingwood to Weber with respect to these puzzling arguments, for the same issues arise there in different form. Recent work in social neuroscience on mirroring allows a different approach to these puzzles: mirror system “knowledge” of others and simulation fit, respectively, with Weber’s idea of direct observational understanding and Collingwood’s re-enactment account. This account allows for the detaching of historical facts about thoughts and action from narrative.
Follicular lymphoma in situ: clinical implications and comparisons with partial involvement by follicular lymphoma
Authors: Jegalian Armin G. , Eberle Franziska C. , Pack Svetlana D. , Mirvis Mariya , Raffeld Mark , Pittaluga Stefania , Jaffe Elaine S. 
Published: July 2011

Abstract
Follicular lymphoma in situ (FLIS) was first described nearly a decade ago, but its clinical significance remains uncertain. We reevaluated our original series and more recently diagnosed cases to develop criteria for the distinction of FLIS from partial involvement by follicular lymphoma (PFL). A total of 34 cases of FLIS were identified, most often as an incidental finding in a reactive lymph node. Six of 34 patients had prior or concurrent FL, and 5 of 34 had FLIS composite with another lymphoma. Of patients with negative staging at diagnosis and available follow-up (21 patients), only one (5%) developed FL (follow-up: median, 41 months; range, 10-118 months). Follow-up was not available in 2 cases. Fluorescence in situ hybridization for BCL2 gene rearrangement was positive in all 17 cases tested. PFL patients were more likely to develop FL, diagnosed in 9 of 17 (53%) who were untreated. Six patients with PFL were treated with local radiation therapy (4) or rituximab (2) and remained with no evidence of disease. FLIS can be reliably distinguished from PFL and has a very low rate of progression to clinically significant FL. FLIS may represent the tissue counterpart of circulating t(14;18)-positive B cells.
Double Nucleophilic Addition to Acrolein with Ketene Silyl Acetals and Allylborolanes Catalyzed by Proline
Authors: Shimizu Makoto , Kawanishi Mami , Itoh Akinori , Mizota Isao , Hachiya Iwao 
Published: July 2011

Abstract
In the presence of a catalytic amount of proline and silica gel, a mixture of ketene silyl acetals and 2-allyl-4,4,5,5-tetramethyl-1,3,2-dioxaborolane underwent 1,4- and subsequently 1,2-addition with acrolein to give δ-hydroxyesters in good yields in a highly diastereoselective manner.
Application of Electron Energy-Loss Spectroscopy (EELS) and Energy-Filtered Transmission Electron Microscopy (EFTEM) to the Study of Mineral Transformation Associated with Microbial Fe-Reduction of Magnetite
Authors: Kim Jinwook , Dong Hailiang 
Published: July 2011

AbstractElectron energy-loss spectroscopy (EELS), energy-filtered transmission electron microscopy (EFTEM), and high-resolution transmission electron microscopy (HRTEM) have been applied in mineralogy and materials research to determine the oxidation states of various metals at high spatial resolution. Such information is critical in understanding the kinetics and mechanisms of mineral–microbe interactions. To date, the aforementioned techniques have not been applied widely in the study of such interactions. In the present study, the three techniques above were employed to investigate mineral transformations associated with microbial Fe(III) reduction in magnetite. Shewanella putrefaciens strain CN32, a dissimilatory metal-reducing bacterium, was incubated with magnetite as the sole electron acceptor and lactate as the electron donor for 14 days under anoxic conditions in bicarbonate buffer. The extent of bioreduction was determined by wet chemistry and mineral solids were investigated by HRTEM, EFTEM, and EELS. Magnetite was partially reduced and biogenic siderite formed. The elemental maps of Fe, O, and C and red-green-blue (RGB) composite map for residual magnetite and newly formed siderite were contrasted by the EFTEM technique. The HRTEM revealed nm-sized magnetite crystals coating bacterial cells. The Fe oxidation state in residual magnetite and biogenic siderite was determined using the EELS technique (the integral ratio of L3 to L2). The integral ratio of L3 to L2 for magnetite (6.29) and siderite (2.71) corresponded to 71% of Fe(III) in magnetite, and 24% of Fe(III) in siderite, respectively. A chemical shift (~1.9 eV) in the Fe-L3 edge of magnetite and siderite indicated a difference in the oxidation state of Fe between these two minerals. Furthermore, the EELS images of magnetite (709 eV) and siderite (707 eV) were extracted from the electron energy-loss spectra collected, ranging from 675 to 755 eV, displaying different oxidation states of Fe in the magnetite and siderite phases. The results demonstrate that EELS is a powerful technique for studying the Fe oxidation-state change as a result of microbial interaction with Fe-containing minerals.
ProBNP1–108 Is Resistant to Degradation and Activates Guanylyl Cyclase-A with Reduced Potency
Authors: Dickey Deborah M , Potter Lincoln R 
Published: July 2011

BACKGROUND
B-type natriuretic peptide (BNP) compensates for the failing heart and is synthesized as a 108-residue prohormone that is cleaved to a 32-residue C-terminal maximally active peptide. During heart failure, serum concentrations of proBNP1–108 exceed concentrations of BNP1–32. The aim of this study was to determine why the proBNP1–108/BNP1–32 ratio increases and whether proBNP1–108 is bioactive.

METHODS
Using cGMP elevation and 125I-ANP binding assays, we measured binding and activation of individual human natriuretic peptide receptor populations by recombinant human proBNP1–108 and human synthetic BNP1–32. Using receptor bioassays, we measured degradation of recombinant proBNP1–108 and BNP1–32 by human kidney membranes.

RESULTS
ProBNP1–108 stimulated guanylyl cyclase-A (GC-A) to near-maximum activities but was 13-fold less potent than BNP1–32. ProBNP1–108 bound human GC-A 35-fold less tightly than BNP1–32. Neither proBNP1–108 nor BNP1–32 activated GC-B. The natriuretic peptide clearance receptor bound proBNP1–108 3-fold less tightly than BNP1–32. The half time for degradation of proBNP1–108 by human kidney membranes was 2.7-fold longer than for BNP1–32, and the time required for complete degradation was 6-fold longer. BNP1–32 and proBNP1–108 were best fitted by first- and second-order exponential decay models, respectively.

CONCLUSIONS
ProBNP1–108 activates GC-A with reduced potency and is resistant to degradation. Reduced degradation of proBNP1–108 may contribute to the increased ratio of serum proBNP1–108 to BNP1–32 observed in patients with congestive heart failure.
Cognition and the Design of Products Large and Small
Authors: Kumar K. L. 
Published: July 2011

Innovative design of new products proceeds by way of cognitive processes of analysis, critical thinking, creativity, conceptualization, cognitive modeling, synthesis, prototyping, and evaluation. Design phases invariably consist of divergence, transformation, and convergence operations. Designing is a creative faculty of the mind, akin to the conceptual faculty of learning arts, sciences, and languages. The author dwells briefly on cognitive, graphical communication, morphological, philosophical, and psychological aspects of design, together with educational imperatives, and proposes that designing new products requires the same cognitive processes regardless of their size, shape, and complexity.The author has drawn upon his own experience of designing a variety of things and has quoted references to design of household artifacts, office equipment, and industrial products. Reference is made to the ‘Design and Technology’ subject being taught at junior and senior secondary schools in Botswana and elsewhere. Examples are also drawn from some recent world-class designs. These establish the belief that human design cognition is the same for all products, small or large.
A Comparison of the Scaffolding Approach and the Cognitive Enrichment Advantage Approach in Enhancing Critical Thinking Skills in First-Year University Freshmen
Authors: Hurte Vernon J. 
Published: July 2011

Although there is no universally accepted operational definition of critical thinking, there is agreement that it can be improved through various means of instruction. The purpose of this study was to explore the effectiveness of a modified, condensed version of the Cognitive Enrichment Advantage (CEA) approach and the Scaffolding approach in enhancing critical thinking skills in first-year university freshman.A modified pre-test/post-test comparison group design was employed in this study. Participants were students enrolled in a freshman seminar course for first-year freshman in a merit-based scholarship program for African American students. The first phase, the Pre-Intervention Phase, included the first of three critical thinking assessment administration sessions to obtain baseline data of all participants’ critical thinking ability. This phase also included a two week period of direct instruction of critical thinking knowledge to all participants. After the pre-intervention phase, matched pairs were randomly assigned to the CEA group and the Scaffolding group, based on scores from the Watson-Glaser Critical Thinking Appraisal (W-GCTA) obtained during the second assessment administration session.The Intervention Phase included five weekly, 40-minute teaching sessions for both groups. During the intervention period, both groups completed practice worksheets, providing a step-by-step expert strategy for critical thinking. In the Scaffolding intervention, participants also received pre-determined verbal prompts and cues to support their critical thinking. In the modified CEA intervention, participants were encouraged to create their own personal strategies, based on the metastrategic knowledge (Building Blocks of Thinking & Tools of Learning) introduced during each session. Participants were also encouraged to provide both self-evaluation and evaluation on the contributions of their colleagues. Finally, in the modified CEA intervention, participants developed decontexualized principles for using the Building Blocks and Tools in other settings, encouraging transfer of learning. The Post-Intervention Phase included the final assessment administration session.Results indicate no significant change in critical thinking performance in the CEA group, based on both assessment tools. Results, based on the critical thinking performance assessments, indicated no significant change in the Scaffolding group; however, results, based on the W-GCTA, indicated a significant decrease in critical thinking performance in the Scaffolding group. It was concluded that the modified CEA intervention supported the retention of the participants’ critical thinking skills and facilitated learning transfer, while the Scaffolding intervention did not positively influence the participants’ critical thinking skills. Recommendations for future research and issues related to conducting intervention research are offered.
Learning Potential in Analogical Reasoning: Construction of a Rasch-scaled Instrument for Group Wise Assessment
Authors: Bosson Mélanie 
Published: July 2011

The aim of this project is to construct a new learning potential test in analogical reasoning that can be administered both individually and group wise. A first set of items has been created within the framework of Berger’s Master’s thesis (Berger; 2003). In this study (Bosson, 2003), these items were revised and applied in a primary school with 271 children, age between 6 and 13 years. The HART (Hessels Analogical Reasoning Test; Hessels, 2003) is composed of 66 analogical matrices presented in 2 (columns) by 3 (rows) or 3 by 3 format with 6 or 8 response alternatives. Items are distributed across 9 levels of complexity based on number of attributes and relations in the matrices. The test is preceded by an introductory phase, during which four examples are discussed extensively with the children. In this study, the HART is presented in three phases. After the introductory phase, each child had to individually resolve 40 to 60 items (pretest). Then a short training (20-30 minutes) about how to resolve analogical matrices was given to whole classes, followed by a posttest in which the child had to resolved another 20 items (posttest). For a first evaluation of training effects and validity of the HART, the 14 classes were randomly assigned to either the control or the experimental condition. Furthermore, the teachers were asked to give ratings of pupils’ school performance in arithmetic, French, behavior, participation, and application in class.Analysis of pretest results permitted us to construct a generalized Rasch-scale with all 66 items. The theoretical complexity levels of the items largely concurred with their empirical difficulties. These results will allow us, in future research, to construct short tests adapted to the developmental level of each child. With regard to the validity, the low correlations between pretest, posttest and non-cognitive aspects (measured with teacher’s ratings) demonstrated that the test provides a relatively independent evaluation of factors such as behavior and application in class. The effect of training was significant: participants from the experimental group showed higher performance at posttest than those of the control group. Furthermore, the gains realized by the experimental group were not related to age, as all age groups showed to have benefited from the training to the same extent. The residual gains from pre- to posttest showed also to be significantly related to school success in the experimental group only.The results of this study show that the experimental version of the HART allows one to estimate the learning potential of children in mainstream primary education classes. The research will continue with children in special education to evaluate the differential effects of the training and the predictive capacity of the HART, as well as the merits of different testing procedures.
Role of Intraoperative Varus Stress Test for Lateral Soft Tissue Release during Chevron Bunion Procedure
Authors: Kim Hyong-Nyun , Suh Dong-Hyun , Hwang Pil-Sung , Yu Sun-O , Park Yong-Wook 
Published: July 2011

Background: The purpose of this study was to evaluate the clinical results of distal chevron osteotomy performed in conjunction with selective lateral soft tissue release. The criterion for doing a lateral soft tissue release was assessed by determining the ease and completeness of passive hallux valgus correction at the time of surgery. Materials and Methods: Between August 2005 and November 2007, 48 feet in 43 patients classified as having mild to moderate hallux valgus were retrospectively studied. Distal chevron osteotomy without lateral soft tissue release was performed in 26 cases (Group 1) when passive correction of the hallux valgus deformity was possible. Distal chevron osteotomy with lateral soft tissue release was performed in 22 cases (Group 2) when passive correction was not possible. Average followup was 23 (range, 12 to 28) months. Clinical results were assessed using radiographic parameters [hallux valgus angle (HVA), first and second intermetatarsal angle (1,2 IMA)], AOFAS scale and patient's subjective satisfaction. Results: For Group 1: the average correction of HVA was 12.8 degrees, the average correction of IMA was 4.7 degrees, and the AOFAS score improved an average of 29.2 points at the last followup. Thirteen patients were very satisfied and ten patients were satisfied with the results. No patient was dissatisfied. For Group 2: the average correction of HVA was 19.1 degrees, the average correction of IMA was 7 degrees and AOFAS score improved at an average of 31.8 points at the last followup. Twelve patients were very satisfied, seven patients were satisfied and one patient, who had stiffness of the first metatarsophalangeal joint, was dissatisfied with the result. Conclusion: Distal chevron osteotomy with selective lateral soft tissue release based on the ability to passively correct the hallux valgus deformity lead to safe and stable correction.
Influence of Stretching and Warm-Up on Achilles Tendon Material Properties
Authors: Park Don Young , Rubenson Jonas , Carr Amelia , Mattson James , Besier Thor , Chou Loretta B. 
Published: July 2011

Background: Controversy exists on stretching and warm-up in injury prevention. We hypothesized that warm up has a greater effect on Achilles tendon biomechanics than static stretching. This study investigated static stretching and warm-up on Achilles tendon biomechanics in recreational athletes, in vivo. Materials and Methods: Ten active, healthy subjects, 5 males, 5 females, With a mean age of 22.9 years with no previous Achilles tendon injuries were recruited. Typical stretching and warm-up routines were created. Testing was performed in a randomized cross-over design. A custom-built dynamometer was utilized to perform controlled isometric plantarflexion. A low profile ultrasound probe was utilized to visualize the musculotendinous junction of the medial gastrocnemius. An eight-camera motion capture system was used to capture ankle motion. Custom software calculated Achilles tendon biomechanics. Results: Achilles tendon force production was consistent. No statistically significant differences were detected in stretch, stiffness, and strain between pre-, post-stretching, and post-warm-up interventions. Conclusion: Stretching or warm-up alone, and combined did not demonstrate statistically significant differences. Stretching and warm-up may have an equivalent effect on Achilles tendon biomechanics. Prolonged and more intense protocols may be required for changes to occur. Clinical Relevance: Stretching and warm-up of the Achilles before exercise are commonly practiced. Investigating the effect of stretching and warm-up may shed light on potential injury prevention.