bluuebunny/crossref_metadata_2025_split huggingface dataset:
Individuating the Virtues
Authors: Russell Daniel C. 
Published: May 2009

AbstractThis chapter proposes resolving the enumeration problem (explained in Chapter 5) by sorting the virtues into a structure of “cardinal” and “subordinate” virtues, and it examines three main issues in support of such an approach. First, the chapter considers various criteria for individuating virtues, and defends the view that virtues are individuated by the kinds of reasons to which the virtues are responsive. Second, since such a criterion relies on the idea that two superficially distinct virtues may actually be responsive to reasons of the same kind, the chapter examines the difficult idea that one reason can be “of the same kind” as another reason. And third, the chapter defines cardinality, and the relation between cardinal and subordinate virtues, such that subordinate virtues are responsive to reasons “of the same kind” as the cardinal virtues to which they are subordinate. The chapter concludes with several implications for the thesis that phronesis must be part of every virtue.
Situations and Dispositions: Examining the Evidence
Authors: Russell Daniel C. 
Published: May 2009

AbstractThis chapter examines a body of social-psychological experiments that appear to give evidence against dispositionist accounts of personality and in favor of the importance of situation construal for behavior — a central situationist claim. The interpretation of this evidence has been the subject of enormous recent philosophical controversy. Consequently, the chapter begins by examining the methodology behind these experiments. It then reviews a small but representative sample of four major experiments of this type, and then considers and rejects a number of objections to the situationist interpretations of the findings of these experiments. The chapter argues that the evidence favors situationism, and in particular a cognitive-affective personality theory over a dispositionist one.
From Situationism to Virtue Theory
Authors: Russell Daniel C. 
Published: May 2009

AbstractThis chapter turns from social psychology to philosophical psychology, arguing that the positive account of personality suggested by situationism is one that virtue theory can naturally embrace, provided that virtues are forms of responsiveness to reasons. It begins by further defending the empirical adequacy of such a personality theory, which some philosophical psychologists have ignored, played down, or explicitly rejected. The rest of the chapter considers several possible virtue-theoretical responses to John Doris' recent charge that no virtue theory embracing the situationist view of personality could be both empirically and normatively adequate. The chapter rejects Doris' assumption that a normatively adequate virtue theory must depict virtues as proclivities to stereotypically “virtuous” behaviors. Rather, the virtue theorist can define character traits in terms of cognitive-affective personality attributes, and define virtues as character traits that are appropriately responsive to reasons. The chapter concludes that virtue theories that make phronesis part of all virtue are in the unique position of standing firmly on the current evidence from social psychology about the nature of personality.
Resisting Temptations to ‘Justice’
Authors: McInnes Mitchell 
Published: May 2009

Abstract
This chapter examines the danger that, without proper appreciation of the underlying philosophical foundations of the subject, courts are apt to use the action in unjust enrichment to serve individualized notions of ‘justice’. It begins with an explanation of the principle of corrective justice that generally is thought to underlie the law of unjust enrichment. It then examines the extent to which courts in different jurisdictions have adhered to those foundations. First, because English courts have remained close to the principle of corrective justice, they seldom have resolved restitutionary claims by reference to intuitive notions of fairness or justice. Second, because Canadian courts occasionally have lost sight of the principle of corrective justice, they occasionally view cases of unjust enrichment as opportunities for achieving ‘equitable’ results on the basis of judicial discretion. Third, because of the effects of the American realist movement, American courts frequently have used the principle of unjust enrichment as a means of securing largely political goals of ‘social justice’.
The Nature of Responsibility for Gain:Gain, Harm, and Keeping the Lid on Pandora's Box
Authors: Barker Kit 
Published: May 2009

Abstract
This chapter examines the nature and origins of legal responsibility for gain in private law. Contrary to recent suggestions, it argues that such responsibility is consistent with our traditional, liberal premises and stems from the relationship between a defendant's gain and some harm to the plaintiff (conceived of as a set-back of her entitlement, not just a factual loss). Legal responsibility for unjust enrichment arises where a defendant has caused harm; where such harm is in prospect and needs to be deterred; or where the plaintiff has suffered harm for which he was not morally responsible. These three different models of responsibility span the line regularly drawn between cases of unjust enrichment ‘by subtraction’ and ‘wrongdoing’, raising significant questions about its normative importance. The chapter explains why unjust enrichment law remains an important and necessary private law category, despite its seemingly paradoxical dependence on the concept of harm. It also criticizes the assumption that cases of un-induced mistaken payment are descriptively paradigmatic of unjust enrichment law. Most types of restitutionary liability, it argues, entail the defendant causing harm.
Philosophical Foundations of Proprietary Remedies
Authors: Smith Lionel 
Published: May 2009

Abstract
In the law of unjust enrichment, the question when a plaintiff should have access to proprietary remedies is one of the most controversial issues. This chapter attempts to expose the philosophical and historical foundations of the most important category of proprietary remedies; namely, trusts arising by operation of law, including trusts over traceable proceeds. In so doing, it also explores the historical and philosophical foundations of all trusts, and emphasises the conceptual unity between constructive trusts and express trusts.
Property, Unjust Enrichment, and Defective Transfers
Authors: Webb Charlie 
Published: May 2009

Abstract
It is widely accepted that a substantial chunk of restitutionary claims arise out of so-called defective transfers. An asset previously held by the claimant passes into the hands of the defendant, and the claimant's consent to its passing is either defective or wholly absent. But why exactly is a claim triggered on these facts? Unjust enrichment does a poor job of explaining why the law should require such gains to be given up. Appeals to corrective justice aren't much better. Instead, this chapter argues that these claims arise as a means of protecting and effectuating a claimant's interest in exclusively determining the disposition of his assets. In other words, it is because, at the outset — it was the claimant to whom the law had exclusively reserved the power to determine how and by whom that asset be used and enjoyed, and he did not (properly) consent to it being used and enjoyed by the defendant — that we recognise the defendant as liable to make restitution to the claimant. Such ‘proprietary’ theories have been given remarkably short shrift by a majority of restitution theorists. The chapter shows why their criticisms miss the mark, before concluding with an indication of how this understanding of defective transfer claims can offer principled solutions to perceived problem areas, such as indirect receipt, insolvency, and claims for services.
‘Mistakes of Law’ and Legal Reasoning: Interpreting Kleinwort Benson v Lincoln City Council
Authors: Nair Aruna 
Published: May 2009

Abstract
The chapter considers the implications of the decision of the House of Lords in Kleinwort Benson v Lincoln City Council for an understanding of the nature of legal reasoning. It also considers the implications of alternative models of legal reasoning for the substantive law relating to the recovery of benefits conferred under the influence of ‘mistakes of law’. In Kleinwort Benson, the House of Lords decided that a bank that had paid money to a local authority in reliance on a ‘settled interpretation of the law’, departed from by a later judicial decision, had made a mistake of law. They held that this mistake qualified as an ‘unjust factor’ entitling the bank to recover the money. It is argued, first, that Ronald Dworkin's explanation of the nature of legal reasoning cannot provide a plausible account of the facts of the case or of the response of the judges to those facts. It is claimed that this demonstrates the limitations of an analysis of legal reasoning that treats it as an individualistic process of moral reasoning; such an analysis cannot make sense of the way in which English law is experienced by those affected by it, as constrained, structured, and altered by a hierarchical system of authoritative decision-making. Secondly, it is argued that, if Dworkin's model of legal reasoning were applied in the context of the substantive law of unjust enrichment, unacceptable conclusions would follow. These can be avoided if a positivist account of law were accepted instead.
Apollo: a community resource for genome annotation editing
Authors: Lee Ed , Harris Nomi , Gibson Mark , Chetty Raymond , Lewis Suzanna 
Published: May 2009

Abstract
Summary: Apollo is a genome annotation-editing tool with an easy to use graphical interface. It is a component of the GMOD project, with ongoing development driven by the community. Recent additions to the software include support for the generic feature format version 3 (GFF3), continuous transcriptome data, a full Chado database interface, integration with remote services for on-the-fly BLAST and Primer BLAST analyses, graphical interfaces for configuring user preferences and full undo of all edit operations. Apollo's user community continues to grow, including its use as an educational tool for college and high-school students.
Availability: Apollo is a Java application distributed under a free and open source license. Installers for Windows, Linux, Unix, Solaris and Mac OS X are available at http://apollo.berkeleybop.org, and the source code is available from the SourceForge CVS repository at http://gmod.cvs.sourceforge.net/gmod/apollo.
Contact: elee@berkeleybop.org
SOrt-ITEMS: Sequence orthology based approach for improved taxonomic estimation of metagenomic sequences
Authors: Monzoorul Haque M. , Ghosh Tarini Shankar , Komanduri Dinakar , Mande Sharmila S. 
Published: May 2009

Abstract
Motivation:One of the first steps in metagenomic analysis is the assignment of reads/contigs obtained from various sequencing technologies to their correct taxonomic bins. Similarity-based binning methods assign a read to a taxon/clade, based on the pattern of significant BLAST hits generated against sequence databases. Existing methods, which use bit-score as the sole parameter to ascertain the significance of BLAST hits, have limited specificity and accuracy of binning. A new binning algorithm, called SOrt-ITEMS is introduced, which addresses these limitations. The method uses alignment parameters besides the bit score to first identify an appropriate taxonomic level where the read can be assigned. An orthology-based approach is subsequently used by the method for the final assignment.
Results:The performance of SOrt-ITEMS has been validated with reads simulating sequences from 454 and Sanger sequencing technologies. In addition, the taxonomic composition of the Sargasso Sea data set has been analyzed using SOrt-ITEMS. SOrt-ITEMS shows improved specificity and accuracy of assignments especially in simulated scenarios, wherein sequences corresponding to the source organism of the reads are absent in the reference database.
Availability:SOrt-ITEMS software is available for download from: http://metagenomics.atc.tcs.com/binning/SOrt-ITEMS. No license is needed for academic and nonprofit use.
Contact: sharmila@atc.tcs.com
Supplementary information: Supplementary data are available at Bioinformatics online.
First Report of Sooty Blotch and Flyspeck Caused by Species of Dissoconium, Mycosphaerella, and Peltaster on Hawthorn Fruit in China
Authors: Li H. Y. , Zhang R. , Sun G. Y. , Tang M. , Gleason M. L. 
Published: May 2009

Sooty blotch and flyspeck (SBFS), a disease complex comprised of as many as 30 putative species of fungi, occurs on the cuticle of pome fruits in moist production regions worldwide, inciting cosmetic damage that causes significant economic losses (1). Chinese hawthorn (Crataegus pinnatifida Bge.) is an economically important tree species in China. Its fruit are sold fresh or dried and are used as a culinary spice as well as an ingredient in Chinese traditional medicine. In October of 2007, Chinese hawthorn fruit exhibiting SBFS signs were sampled from supermarkets in Yangling, Shaanxi Province and Luoyang, Henan Province, China. Thalli directly from the hawthorn fruit were transferred onto potato dextrose agar (PDA) slants under a dissecting microscope and cultured at 22 ± 1°C in darkness. DNA was extracted from pure isolates and the internal transcribed spacer (ITS) region of the nuclear ribosomal DNA (nrDNA) was amplified and sequenced using primers ITS-1F and ITS4 (3). Phylogenetic analysis of the ITS sequences revealed that the 35 isolates generated in this study included five species in three genera: Dissoconium sp. (18 isolates), Mycosphaerella sp. (5 isolates), and Peltaster sp. 1 (4 isolates), Peltaster sp. 2 (4 isolates), and Peltaster sp. 3 (4 isolates). To fulfill Koch's postulates and verify that these fungi could also infest apple fruit, two representative isolates of each putative species were inoculated onto mature intact hawthorn and apple (cv. Fuji) fruit that had been surface disinfested with 75% ethanol and allowed to dry. Inoculum was prepared by comminuting 1-month-old cultures growing on PDA into a suspension of mycelial fragments and conidia (105 to ~106 CFU/ml) in a blender with sterile deionized water (SDW). Each isolate was inoculated on three hawthorn and three apple fruit by using cotton swabs. As controls, two surface-disinfested hawthorn and apple fruit were swabbed with SDW. After the inoculated hawthorn and apple fruit had been incubated in a moist chamber at 22 ± 1°C for 1 month, all inoculated hawthorn and apple fruit exhibited SBFS signs similar to those of the original colonies on hawthorn fruit, but the controls did not. Reservoir hosts have been inferred to play an important role in SBFS by providing the fungi with overwintering habitat and inoculum for infestations on apple. Many reservoir hosts have been reported in the United States and Japan (2). To our knowledge, this is the first report of fungi in the SBFS complex on hawthorn fruit and the first confirmation that fungi growing on hawthorn fruit can produce SBFS signs on apple fruit. These results identify hawthorn as a potential inoculum source for SBFS in apple orchards. References: (1) J. C. Batzer et al. Mycologia 97:1283, 2005. (2) K. Hemnani et al. Phytopathology 98(suppl):S66, 2008. (3) T. J. White et al. PCR Protocols: A Guide to Methods and Applications. M. A. Innis et al., eds. Academic Press, San Diego, 1990.
First Report of Collar and Stem Rot Caused by Pythium aphanidermatum on Figmarigold (Lampranthus sp.) in Italy
Authors: Garibaldi A. , Bertetti D. , Pensa P. , Gullino M. L. 
Published: May 2009

Lampranthus sp. N.B. Brown (figmarigold) of the Aizoaceae family is used as groundcover in gardens. In October of 2008, severe outbreaks of a previously unknown rot were observed in a nursery located in Liguria, near Savona (northern Italy), on 35-day-old rooted cuttings grown in a peat substrate. Approximately 50% of rooted cuttings of red-flowered cultivars were affected. Lesions on collars and young stems were brown, water soaked, and soft. Plants eventually collapsed as roots rotted. Thin, aerial hyphae were visible on the surface of the stems and substrate. Later, a thick, light yellow, mycelial mat surrounded infected plants. Tissue fragments were excised from the margins of the lesions, dipped in a solution containing 1% sodium hypochlorite, and plated on potato dextrose agar and a medium selective for Oomycetes (4). Plates were incubated under constant fluorescent light at 23 ± 1°C for 4 to 5 days. Hyphae of five isolates grown on V8 medium were aseptate and 4.2 to 7.9 (average 6.2) μm wide. Sporangia consisted of complexes of swollen hyphal branches. Oogonia were globose, smooth, and 23.5 to 28.0 (average 25.9) μm in diameter. Antheridia were barrel shaped, intercalary, and diclinous. Oospores were globose and 19.4 to 23.6 (average 21.4) μm in diameter. The internal transcribed spacer (ITS) region of rDNA of a single isolate (DB24112008) was amplified with primers ITS4/ITS6 and sequenced. A BLAST analysis (1) in GenBank of the 1,074-bp segment showed a 100% homology with the sequence of Pythium aphanidermatum (Accession No. EU245039). The nucleotide sequence has been assigned the GenBank Accession No. FJ492745. Pathogenicity tests were performed twice on a red-flower cultivar of a Lampranthus sp. grown in 1-liter pots containing a peat moss substrate infested with wheat and hemp kernels colonized with one isolate of P. aphanidermatum at a rate of 20 g/liter. Ten plants were grown in infested media and 10 plants were grown in noninfested media. Greenhouse temperatures were 18 to 24°C. The first symptoms of stem and root rot developed 15 days later, while control plants remained healthy. P. aphanidermatum was consistently reisolated from the lesions. To our knowledge, this is the first report of P. aphanidermatum on a Lampranthus sp. in Italy. The disease has been reported in Japan (3) in 2008, while in the United States, a Pythium sp. was reported on L. aureus and L. glomeratus (2). Currently, the economic importance of Pythium rot on figmarigold in Italy is still limited. References: (1) S. F. Altschul et al. Nucleic Acids Res. 25:3389, 1997. (2) D. F. Farr et al. Fungi on Plants and Products in the United States. The American Phytopathological Society, St Paul, MN, 1989. (3) H. Kawarazachi et al. J. Gen. Plant Pathol. 74:94, 2008. (4) H. Masago et al. Phytopathology, 67, 425, 1977.
First Report of Onion yellow dwarf virus and Leek yellow stripe virus in Garlic in Turkey
Authors: Fidan H. , Baloglu S. 
Published: May 2009

Garlic (Allium sativum L.) is one of the most important Allium spp. plants that are widely cultivated throughout the world. A significant reduction in yield and quality due to virus infection is now a serious economic problem (1). In many cases, garlic plants are infected with a variety of viruses, but elimination of these viruses is difficult because this crop is propagated through bulbs. Potyviruses, carlaviruses, and allexiviruses have been detected in diseased garlic. Onion yellow dwarf virus (OYDV) and Leek Yellow Stripe Virus (LYSV), genus Potyvirus, family Potyviridae, are two important viral pathogens of garlic. Virus diseases of garlic are widespread in the world, causing serious damage to yields and quality of the crop. The East Mediterranean Region produces 14% of the garlic production of Turkey (110,000 t). A survey was done in garlic fields in Adana, Mersin, Kahramanmaras, Hatay, and Gaziantep provinces of Turkey where virus-like symptoms were noted in samples collected during the 2007–2008 growing season. Leaf and bulb samples were taken from 202 plants with leaf yellow stripe, mosaic, enations, and deformation or dwarfism symptoms. ELISA was performed with antibodies from Agdia (Elkhart, IN). Results indicated that 57 samples (28.2%) were infected with OYDV and 43 samples (21.2%) were infected with LYSV. In addition, 23 samples were determined to be infected by both viruses. All ELISA-positive samples and 10 ELISA-negative samples were analyzed by reverse transcription-PCR with primers 1OYDV-G (5′ TTA CAT TCT AAT ACC AAG CA 3′) and 2OYDV-G (5′ GCA GGA GAT GGG GAG GAC GC 3′) for the detection of OYDV and primers 1LYSV (5′ TCA CTG CAT ATG CGC ACC AT 3′) and 2LYSV (5′ GCA CCA TAC AGT GAA TTG AG 3′) for the detection of LYSV. These primers were previously reported to be specific for the coat protein genes of OYDV and LYSV, respectively (2). Products of the expected size (774 bp for OYDV and 1,020 bp for LYSV) were amplified only from the ELISA-positive samples of the respective viruses, confirming infections by OYDV and LYSV. To our knowledge, this is the first report of OYDV and LYSV in garlic in Turkey. References: (1) L. Bos et al. Neth. J. Plant Pathol. 84:185, 1978. (2) T. V. M. Fajardo et al. Fitopatol. Bras. 26:619, 2001.
First Report of Sclerotinia Stem Rot Caused by Sclerotinia sclerotiorum on Hibiscus trionum in New York
Authors: Strauss J. , Dillard H. R. 
Published: May 2009

Hibiscus trionum L. (Venice mallow) is an annual weed widely distributed in the United States. In September of 2008, Venice mallow plants with bleached stems and necrotic tissues were observed in a commercial field of cabbage (Brassica oleracea L. cv. Moreton) in Geneva, NY. White, cottony mycelium and dark sclerotia were readily found on the stems and in the stem pith. Cabbage plants in direct contact with diseased Venice mallow also displayed signs and symptoms of infection by Sclerotinia sclerotiorum (Lib.) de Bary. Sclerotia from within diseased Venice mallow stems were placed in 9-cm-diameter petri plates on potato dextrose agar amended with 0.1 g/liter each of chloramphenicol and streptomycin (ABPDA) and incubated at room temperature. In addition, diseased stem tissue was surface disinfested for 3 min in 0.525% sodium hypochlorite solution, rinsed for 3 min in sterile distilled water, and placed on ABPDA. After 5 days, hyphae from the colony margin were excised and transferred to potato dextrose agar (PDA) plates. Fungal cultures consisting of white mycelia and medium-sized (~4 mm), black, irregular sclerotia were consistently recovered and identified as S. sclerotiorum based on morphological characteristics (1). Pathogenicity of two isolates (one from a sclerotium and one from stem tissue) was determined by inoculating seven 43-day-old Venice mallow plants growing in greenhouse pots (65 mm in diameter). Mycelia plugs (7 mm in diameter) were excised from 2-day-old PDA cultures of each isolate and placed on the stems at the soil line. Seven control plants were inoculated with noncolonized PDA plugs. All plants were enclosed in plastic bags for 72 h and placed under shade in the greenhouse with temperatures from 20 to 38°C (average 27°C). Symptoms similar to those observed in the affected fields were evident within 2 days after inoculation, while control plants remained symptomless. S. sclerotiorum was successfully recovered from infected plant tissue, fulfilling Koch's postulates. The experiment was repeated with similar results. To our knowledge, this is the first report of Sclerotinia stem rot of Hibiscus trionum caused by S. sclerotiorum (2,3). References: (1) L. Buchwaldt. Sclerotinia White Mold. Page 43 in: Compendium of Brassica Diseases, 1st ed. S. R. Rimmer et al., eds. The American Phytopathological Society, St. Paul, MN, 2007. (2) D. F. Farr et al. Fungi on Plants and Plant Products in the United States. The American Phytopathological Society, MN, 1989. (3) C. Wehlburg et al. Index of Plant Diseases in Florida. Fla Dep. Agric. Consum. Serv. Bull. 11, 1975.