bluuebunny/crossref_metadata_2025_split huggingface dataset:
Virtue and the Constitution
Authors: Finnis John 
Published: October 2011

AbstractCivic virtue is inadequately understood as tradition-bound; properly it is true moral virtue as it bears in various ways on one's participation in community extending beyond the family: for example, impartial and zealous dutifulness of doctors or firemen, probity of lawyers, honesty of scholars, fidelity of trustees, etc. It includes respect for and appreciation of persons, however diverse, even though diversity is a tragedy and cross for a community inasmuch as diversity about fundamental questions blocks the community's participation in good ways of living and its ability to reform. Governmental encouragement to virtue is permissible but subsidiary; primary responsibility for inculcating civic virtue rests with families, schools, and other institutions of civil society.
Rights: Their Logic Restated
Authors: Finnis John 
Published: October 2011

AbstractThis chapter offers some fundamental clarifications of the logic of Hohfeld's analysis of rights. Its results are presupposed and partly summarized in Natural Law and Natural Rights. Axioms for a right understanding are: each Hohfeldian jural relation concerns only one activity of one person; a claim-right can never be to do or omit something, but is always a claim that somebody else does or omits something; the relevance of legal remedies to the defining terms of the schema is left undetermined by Hohfeld. Neglect of these axioms is shown to be widespread in jurisprudence. The chapter concludes with critical discussion of Dworkin on ‘the right to break the law’ and the Second Vatican Council on ‘abuse of rights’ and the limits to religious liberty.
Beyond the Vienna Convention: Conflicting Treaty Provisions
Authors: Klabbers Jan 
Published: October 2011

Abstract
This chapter discusses the notion of treaty conflict and the various suggestions that have been made to solve them. It goes into the drafting of the Vienna Convention and explains treaty conflict along more or less systemic lines, resulting from the Vienna Convention's drafters' choice to concentrate on form rather than substance in conjunction with the circumstance that in a horizontal legal order, a treaty is res inter alios acta. It is argued that the unsolvable nature of some treaty conflicts need not necessarily be considered overly problematic, but that much will depend on the attitude of those charged with the task of applying treaties and settling disputes: a virtuous approach is called for.
Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties
Authors: Pocar Fausto 
Published: October 2011

Abstract
This chapter explores how the proliferation of newly independent states and state dissolution has resulted in greater complexity on the issue of state succession of treaty obligations. In particular, between the theories of tabula rasa succession and automatic state succession. The Human Rights Committee, the Convention on Succession of States in respect of Treaties, and the development of customary international law all bolster the imposition of automatic state succession with respect to international human rights and humanitarian law treaties. Automatic state succession is required by the special nature of human rights and humanitarian law. Thus, once a population is granted the protection of such rights, these rights devolve with the territory and a state cannot deny them. Furthermore, other international institutions have enforced these obligations resulting in the continuity of international human rights and humanitarian law treaties.
The Distinction between Jus Cogens and Obligations Erga Omnes
Authors: Picone Paolo 
Published: October 2011

Abstract
This chapter demonstrates the necessary distinction between the two concepts in question, taking into consideration their different historical origins, their effects, and the reciprocal fields of application. It opposes the conception according to which only the rules creating obligations erga omnes could be considered as peremptory, as well as the theoretical opinion that all norms of jus cogens would produce, if breached, obligations erga omnes. It critically analyses how these erroneous conceptions are reflected in the solutions, although contradictory, adopted by the International Law Commission in the final draft on the responsibility of States approved in 2001. The last part of the chapter shows how the two concepts raise in their operation many different problems, which are not yet adequately considered in the legal scholarship.
The Cold War, Civil Liberties, and the House of Lords
Authors: Ewing K. D. 
Published: October 2011

Abstract
Following on an overview of civil liberties during the Cold War, this chapter argues that courts are part of the political constitution and cannot be seen as an obstruction to government, that this is most clearly the case in times of national security, where there is complete deference to the executive, and that neither the Law Officers nor Parliament provide effective safeguards. In the Westminster system of government, everything depends on the self-restraint of governments and where this is lacking the only remedy is elections.
Business Rights as Human Rights
Authors: Nicol Danny 
Published: October 2011

Abstract
There is no compelling basis on which business rights can be disentangled from classic political human rights. Free trade and competition may not be labelled as human rights but they have the same fundamental status. The supra-nationality of the European Community Treaty, The World Trade Organization Agreements, and the North American Free Trade Agreement establish a supra-national constitution entrenching free trade in the private sector and increasingly in the public sector as well, e.g., private sector dominance in service industries, the exclusion of social rights, and nationalization. As this stands it means that we must be neo-liberal, that is beyond deliberation, which in effect makes neo-liberalism a human right, entrenching a particular view of ‘what is owed to each of us as human’. Most ‘fundamental’ UK rights are the European Union's ‘four freedoms’ which exemplifies the fact that business has captures the language of rights to curtail the powers of government in the interests of business elites.
Drying Kinetics of Distillers Wet Grains (DWG) Under Varying Condensed Distillers Solubles (CDS) and Temperature Levels
Authors: Bhadra Rumela , Muthukumarappan K. , Rosentrater Kurt A. , Kannadhason S. 
Published: October 2011

ABSTRACTDistillers dried grains with solubles (DDGS) is a widely used animal feed. But transportation of DDGS is often troublesome because of its stickiness. DDGS is formed by combining condensed distillers solubles (CDS) with distillers wet grains (DWG) and then drying. As a first step toward understanding drying behavior, this study's objective was to investigate batch‐drying kinetic behavior of DWG with three CDS addition levels (10, 15, and 20% wb) and three drying‐temperature levels (100, 200, and 300°C). Multiple nonlinear mathematical models were used to fit experimental drying data for moisture content versus drying rate. A new comprehensive model was developed (R2 = 0.89, SEM = 18.60) from a modified Chen and Douglas model to incorporate CDS and drying‐temperature terms. Drying temperature affected drying rate more significantly than did changes in CDS level; thus, drying temperature was the main effect and CDS was a subeffect. Increasing the drying temperature increased the drying rate significantly for all levels of CDS addition. This model can be used for predicting DWG drying behavior under broad operating conditions; it can be used to help the industry produce better DDGS, which may thus result in better DDGS handling and transport characteristics.
Information and professional support: key factors in the provision of family‐centred early childhood intervention services
Authors: Fordham L. , Gibson F. , Bowes J. 
Published: October 2011

AbstractBackground  Much has been written on the principles of family‐centred practice and on the service delivery methods and skills required of its practitioners. Far less has been written from the perspective of families whose children have a disability. The aims of this study were twofold: firstly to understand families' experiences of family‐centred early childhood intervention services and secondly to explore other factors that might impact on these experiences.Methods  One hundred and thirty families attending two established early childhood intervention services in New South Wales, Australia completed a survey incorporating the Measure of Processes of Care‐56, the Family Empowerment Scale, the Family Support Scale and the Parenting Daily Hassles Scale.Results  Consistent with previous research using the Measure of Processes of Care‐56, ‘respectful and supportive care’ was the domain of care families rated to occur most and ‘provision of general information’ was the domain they rated to occur least. Significant positive relationships existed between families' ratings of family‐centred care and feelings of empowerment. Being provided with general information was strongly correlated with family empowerment. Families' social support networks played an important role but support from professionals was most strongly correlated with families' experiences of family‐centred care. Finally, families whose children's early intervention services were co‐ordinated by a professional experienced significantly better care.Conclusions  The provision of general information and professional support are key components of family‐centred early childhood intervention services.
Interaction between glycaemic control and serum insulin‐like growth factor 1 on the risk of retinopathy in type 2 diabetes
Authors: Chen Harn‐Shen , Wu Tzu‐En , Hsiao Li‐Chuan , Lin Shu‐Hsia 
Published: October 2011

Eur J Clin Invest 2012; 42 (4): 447–454AbstractBackground  There is strong experimental evidence that insulin‐like growth factor 1 (IGF‐1) plays a role in the development of diabetic retinopathy. We carried out this study to determine the association between serum IGF‐1 levels and retinopathy in patients with type 2 diabetes and whether this association is modified by the severity of hyperglycaemia.Materials and methods  A total of 480 consenting patients with type 2 diabetes were enrolled between 1 August 2001 and 31 December 2002. All participants provided a medical history and underwent a physical examination, biochemical assessment and eye fundi examination. These patients were followed up in our clinics according to our national guidelines until 31 December 2009.Results  Compared with the middle tertile, increased levels of IGF‐1 did not increase the risk of mild‐to‐moderate retinopathy (RR, 1·11; 95% CI, 0·63–1·95) and severe retinopathy (RR, 1·84; 95% CI, 0·79–8·57) at baseline. In the longitudinal analysis, increased levels of IGF‐1 showed a nonsignificantly increased hazard ratio (HR) for the progression of retinopathy (HR, 1·61; 95% CI, 0·52–4·96) and severe retinopathy (HR, 1·63; 95% CI, 0·65–4·09). However, in patients with relatively good glycaemic control, there was a significantly increased risk of the progression of retinopathy (HR, 2·21; 95% CI, 1·01–5·91) and a cumulative incidence of severe retinopathy (HR, 4·82; 95% CI, 1·10–18·25) in individuals with the highest serum IGF‐1 levels.Conclusions  Our data suggested serum IGF‐1 was a contributing factor in severe diabetic retinopathy and this effect may be masked by poor glycaemic control.
Predictors of continuous positive airway pressure use during the first week of treatment
Authors: YE LICHUAN , PACK ALLAN I. , MAISLIN GREG , DINGES DAVID , HURLEY SHARON , MCCLOSKEY SUSAN , WEAVER TERRI E. 
Published: October 2011

SummaryThis study aimed to identify pre‐treatment and immediate early treatment factors predicting continuous positive airway pressure (CPAP) use during the first week of therapy, when the pattern of non‐adherence is established. Four domains of potential predictors were examined: pre‐treatment demographic and clinical factors, patients’ perceived self‐efficacy, treatment delivery (mask leak and bothering side effects) and immediate disease reduction (residual respiratory events and flow limitation). The Autoset™ Clinical System objectively documented daily CPAP use, mask leak, residual respiratory events and flow limitation. Ninety‐one CPAP‐naive patients with newly diagnosed obstructive sleep apnea were followed for 1 week after treatment initiation. Mean CPAP daily use during the first week was 3.4 ± 2.7 h, with significantly lower use observed in black than non‐black participants (2.7 versus 4.4 h, respectively, P = 0.002). Less intimacy with partners caused by CPAP was the only treatment side effect correlated with CPAP use (r = −0.300, P = 0.025). Reduced CPAP use during the first week was associated simultaneously with being black, higher residual apnea–hypopnea index and the treatment side effect of less intimacy with partners. The three factors together accounted for 25.4% of the variance in the CPAP use (R2 = 0.254, P < 0.01). These data suggest the need to assess the impact of CPAP on intimacy and troubleshooting aspects of the treatment that interfere with sexual relationships. Assessing the presence of residual respiratory events may be important in promoting CPAP adherence. The association of race and CPAP use needs to be explored further by including more socioeconomic information.
Heterologous expression of a chloroplast outer envelope protein fromSuaeda salsaconfers oxidative stress tolerance and induces chloroplast aggregation in transgenic Arabidopsis plants
Authors: WANG FANG , YANG CHUN‐LIN , WANG LI‐LI , ZHONG NAI‐QIN , WU XIAO‐MIN , HAN LI‐BO , XIA GUI‐XIAN 
Published: October 2011

ABSTRACTSuaeda salsais a euhalophytic plant that is tolerant to coastal seawater salinity. In this study, we cloned a cDNA encoding an 8.4 kDa chloroplast outer envelope protein (designated as SsOEP8) fromS. salsaand characterized its cellular function. Steady‐state transcript levels ofSsOEP8inS. salsawere up‐regulated in response to oxidative stress. Consistently, ectopic expression of SsOEP8 conferred enhanced oxidative stress tolerance in transgenic Bright Yellow 2 (BY‐2) cells andArabidopsis, in which H2O2content was reduced significantly in leaf cells. Further studies revealed that chloroplasts aggregated to the sides of mesophyll cells in transgenicArabidopsisleaves, and this event was accompanied by inhibited expression of genes encoding proteins for chloroplast movements such as AtCHUP1, a protein involved in actin‐based chloroplast positioning and movement. Moreover, organization of actin cytoskeleton was found to be altered in transgenic BY‐2 cells. Together, these results suggest that SsOEP8 may play a critical role in oxidative stress tolerance by changing actin cytoskeleton‐dependent chloroplast distribution, which may consequently lead to the suppressed production of reactive oxygen species (ROS) in chloroplasts. One significantly novel aspect of this study is the finding that the small chloroplast envelope protein is involved in oxidative stress tolerance.
A comparison of the colorectal surgical research across Europe, USA and Australasia
Authors: D’Souza R. , Srinivasa S. , Cribb B. , Hill L. , Hill A. 
Published: October 2011

AbstractAim  The annual scientific meetings of the Association of Coloproctology of Great Britain and Ireland (ACPGBI), the American Society of Colon and Rectal Surgeons (ASCRS), the European Society of Coloproctology (ESCP) and the Royal Australasian College of Surgeons (RACS) are the major fora for presentation of colorectal surgical research. Thus, their content could be a proxy of the content and quality of colorectal surgical research worldwide. We aimed to critically appraise the quantity, quality and topics of colorectal surgical research over the previous 5 years for the above meetings.Method  All published abstracts from the ACPGBI, ASCRS, ESCP and the colorectal‐specific component of the RACS from 2006 to 2010 were appraised. Abstracts were coded by predefined categories pertaining to study type and topic.Results  Level 1 evidence (systematic reviews/meta‐analyses) and level 2 evidence (randomized controlled trials) comprised 3% (95% CI 1–9%) and 5% (95% CI 2–11%), respectively, of research presented at the meetings. There was a predominance of level 4 evidence (retrospective studies) across all years (mean 54%, 95% CI 44–68%). Operative management was most commonly studied (mean 43%, 95% CI 36–49%). There was minimal research in perioperative care (mean 6%, 95% CI 2–13%) and basic surgical science (mean 6%, 95% CI 2–11%). Research related to perioperative care was significantly higher at the ACPGBI and RACS meetings than the ASCRS and ESCP meetings (P < 0.01).Conclusion  The research at these meetings consists largely of retrospective reviews exploring operative management with minimal high quality scientific content. Active steps need to be taken to increase the quantity of high level evidence especially in topics other than operative management.
Evaluation of placental growth factor and soluble Fms‐like tyrosine kinase 1 as predictors of all‐cause and cardiovascular mortality in patients with Type 1 diabetes with and without diabetic nephropathy
Authors: Theilade S. , Lajer M. , Jorsal A. , Tarnow L. , Parving H.‐H. , Rossing P. 
Published: October 2011

Diabet. Med. 29, 337–344 (2012)AbstractAims  Placental growth factor is a vascular endothelial growth factor involved in angiogenesis, vascular inflammation and plaque formation. Soluble Fms‐like tyrosine kinase 1 is a decoy receptor for placental growth factor, reducing its activity. The aim of this study is to evaluate the predictive value of placental growth factor and soluble Fms‐like tyrosine kinase 1 in relation to all‐cause and cardiovascular mortality and decline in kidney function in Type 1 diabetes.Methods  This was a prospective, observational follow‐up study with 8 (0–13) years [median (range)] of follow‐up, including patients with Type 1 diabetes, of whom 458 had diabetic nephropathy [278 men; age 42 ± 11 years (mean ± sd), diabetes duration 28 ± 9 years, glomerular filtration rate 76 ± 33 ml min−1 1.73 m−2] and 442 had long‐standing normoalbuminuria (234 men; age 45 ± 12 years, diabetes duration 28 ± 10 years).Results  Placental growth factor and soluble Fms‐like tyrosine kinase 1 levels measured at baseline were higher in patients with diabetic nephropathy compared with patients with long‐standing normoalbuminuria [median (range)] 15 (4–131) vs. 11 (7–64) ng/l, (P < 0.001) and 86 (42–3462) vs. 77 (43–1557) ng/l (P < 0.001), respectively. In patients with diabetic nephropathy, high levels of placental growth factor predicted all‐cause and cardiovascular mortality [hazard ratio 1.94 (1.16–3.24) and hazard ratio 2.91 (1.45–5.85)] after adjustment for sex, age, smoking, systolic blood pressure, HbA1c, cholesterol, glomerular filtration rate and previous cardiovascular disease. High levels of placental growth factor predicted increased risk of end‐stage renal disease [hazard ratio 2.77 (1.47–5.14)], but covariate adjustments attenuated the association [hazard ratio 1.89 (0.91–3.95)]. Among patients with long‐standing normoalbuminuria, placental growth factor levels predicted fatal and non‐fatal cardiovascular events [hazard ratio 1.97 (1.03–3.76)], but not all‐cause mortality. Baseline soluble Fms‐like tyrosine kinase 1 levels did not predict outcome in either group after adjustment.Conclusion  Placental growth factor is elevated in patients with Type 1 diabetes and diabetic nephropathy and predicts all‐cause and cardiovascular mortality, but not deterioration of kidney function.
HIV/AIDS AND BANKING STABILITY IN DEVELOPING COUNTRIES
Authors: Leoni Patrick L. 
Published: October 2011

ABSTRACTWe argue that the recent large increase in deposits’ turnover in many developing countries with high HIV/AIDS prevalence is associated with the spread of the disease. The point is that the need to pay for individual treatments force large‐scale withdrawals of households’ deposits, and that those large withdrawals put the banking industry at risk. In a standard demand‐deposit model where the HIV/AIDS prevalence among depositors is random, we show that (1) the probability of a large‐scale banking failure without a bank run increases as the odds of any prevalence level increases, and (2) it is always optimal to deposit, and thus to accept the risk of banking failure, to maintain long‐term investments in place.
A Contextual Mann‐Kendall Approach for the Assessment of Trend Significance in Image Time Series
Authors: Neeti Neeti , Eastman J. Ronald 
Published: October 2011

AbstractOne of the most common problems in estimating trends in image time series is the presence of contaminants such as clouds. There are many techniques for estimating robust trends but evaluating the significance of the trends can be difficult due to this increased variance. This article presents a novel approach called the Contextual Mann‐Kendall (CMK) test for assessing significant trends. This test uses the principle of spatial autocorrelation to characterize geographical phenomena, according to which a pixel would not be expected to exhibit a radically different trend from neighboring pixels. The procedure removes serial correlation through a prewhitening process. Then, similar to the logic of the Regionally Averaged Mann‐Kendall (RAMK) test, it combines the information from neighboring pixels while adjusting for cross‐correlation. CMK was compared with the Mann‐Kendall (MK) test in which contextual information was not involved for the mean annual NDVI over 22 years (1982–2003) in West Africa. With the MK test, ∼11% of the study area showed significant (p < 0.001) trends which increased to 16% when tested using the CMK test. Thus the CMK test produces a result that makes intuitive sense from a geographical perspective and enhances the ability to detect trends in relatively short time series.
Developmental changes of TrkB signaling in response to exogenous brain‐derived neurotrophic factor in primary cortical neurons
Authors: Zhou Xianju , Xiao Hua , Wang Hongbing 
Published: October 2011

J. Neurochem. (2011) 10.1111/j.1471‐4159.2011.07528.xAbstractNeocortical circuits are most sensitive to sensory experience during a critical period of early development. Previous studies implicate that brain‐derived neurotrophic factor (BDNF) and GABAergic inhibition may control the timing of the critical period. By using an in vitro maturation model, we found that neurons at DIV (day in vitro) 7, around a period when functional synapses start to form and GABAergic inhibition emerges, displayed the most dynamic activation of extracellular signal‐regulated kinase 1/2 (ERK1/2) and CREB by exogenous BDNF. The BDNF‐stimulated transcriptional up‐regulation of CREB target genes was also the highest in DIV 7 neurons. The basal level of ERK1/2 and CREB activity, as well as the expression of CREB target genes, increased along with maturation, and neurons at DIV 13 and 22 displayed less dynamic responses to BDNF. Furthermore, we found that the developmentally regulated GABAergic inhibition correlated with the decline of BDNF‐mediated signaling during maturation. BDNF stimulation along with suppression of GABAergic inhibition enhanced the activation of ERK1/2‐CREB signaling and gene transcription in mature neurons. Conversely, BDNF stimulation along with enhancement of GABAergic inhibition reduced the overall induction of intracellular signaling in younger neurons. We propose that the less dynamic molecular changes may play a certain role in the loss of plasticity during maturation.