bluuebunny/crossref_metadata_2025_split huggingface dataset:
Rules of Power and the Power of Rules
Authors: SHINER ROGER A. 
Published: August 2007

AbstractThe paper describes at length and then discusses critically Frederick Schauer's analysis of rules in his recent book Playing By the RuZes. For most of the book Schauer discusses rules in general, and only at the end talks about legal rules in particular. The chief message of Schauer's analysis is that rules permit, and even constitute, a particular kind of decision‐making, one that quite deliberately insulates the decision‐taker from considerations of what would be in the circumstances the best justified decision to take. Rules are thus for Schauer devices for the allocation of decision‐making power: The effect of A delegating to B the power to decide by a set of rules devised by A is that A retains much control over B 's decision‐making. Schauer canvasses the claims of what he calls “presumptive positivism” to be a theory of law which embodies such a view of legal rules. In his criticism, the author compares Schauer's view with Joseph Raz's notion of legal rules as exclusionary reasons. The author then compares “presumptive positivism” with some other recent versions of positivism and the idea of rules as devices for the allocation of power with theories of law in the Critical Legal Studies movement.
A Humanist Foundation for Restitution
Authors: MACKAY ROBERT E. 
Published: August 2007

AbstractThis paper makes a case for an ethical underpinning for restorative justice. This approach is developed from a neo‐Aristotelian perspective. It adapts the conceptual framework of Alasdair MacIntyre for the articulation and resolution of epi‐stemological crises in traditions of enquiry, to the task of providing a critical and analytic framework for considering the crisis of rationale and practice in the contemporary criminal justice‐penal archipelago. The author argues that Restitution, conceived in neo‐Aristotelian terms, provides a resolution of that crisis. Finally, he foreshadows a debate to be had between the neo‐Aristotelian position, and that of Critical Theory on the issue of legitimizing Restitution.
David Dyzenhaus and the Holy Grail
Authors: SHINER ROGER A. 
Published: August 2007

AbstractIn his book Hard Cases in Wicked Legal Systems David Dyzenhaus aims to provide a cogent refutation of legal positivism, and thus to settle a very old dispute in jurisprudence. His claim is that the consequences for practice and for morality if judges adopt positivist ideas in a wicked legal system are unacceptable. He discusses the South African legal system as a case in point. I argue that this claim is not secured. Dyzenhaus has three arguments for his view. The first is that positivism cannot account for legal principles, and legal principles are the key source of morally acceptable adjudication. I show that his argument does not go through for sophisticated positivist accounts of “principles” such as those of J. Raz and D. N. MacCormick. Dyzenhaus's second argument claims to find a pragmatic contradiction in positivism, between the belief in judicial discretion and the belief in a commitment to legislative sources as binding fact. I argue that there is no such commitment in a form that supports Dyzenhaus's theory. His final argument is that wicked legal systems are contrary to the very idea of law and legality. I argue that a strong doctrine of deference to legislative authority cannot be bad in itself: It can only be bad relative to a certain content to legislation. Thus Dyzenhaus's claim begs the question against positivism.
The Use of Unwritten Legal Principles by Courts*
Authors: HOECKE MARK VAN 
Published: August 2007

Abstract.I argue that one can distinguish two types of unwritten legal principles as applied by courts (in Europe). On the one hand, what are called “structural principles,” which are induced, or at least pretended to be induced, from the written law. On the other hand, what are called “ideological principles,” which are not induced from the actual legal system, but refer to current dominant beliefs in society as to morals, politics or other non legal ideologies. It is argued that the distinction between structural legal principles and ideological legal principles could be an important element for the elaboration of a legal principle theory, as both these types of principles meet a different need and play a different role in legal practice. Structural legal principles primarily meet the need for a new ius commune, in order to achieve the coherence and the completeness of the legal system, whereas ideological legal principles, just like the human rights, meet a revived demand for an ethical framework for the law.
Normological Inferences and the Generation of Legal Norms
Authors: WEINBERGER OTA 
Published: August 2007

Abstract.This paper is an answer to Mazzarese (1993) in which the author argues that Kelsen's normological scepticism is a consequence of his theory of legal dynamics and of his views on the relation between higher and lower norms. The author rejects this tenet and reasserts his opinion that there is an essential break between the classical Pure Theory of Law and Kelsen's late doctrine. Therefore an inquiry is justified whether the theses and concepts of the classical Pure Theory are compatible with normological scepticism in Kelsen (1979). Mazzarese's comments on neo‐institutionalist views on legal validity are based on a misinterpretation of this conception.
Sovereignty and International Order
Authors: MAY THOMAS 
Published: August 2007

Abstract.Sovereignty may be threatened by obligations and relations with other nations, states or powers from either an “internal” or “external” perspective. In this paper, I argue that these obligations and relationships may be compatible with a state's sovereignty if we understand the proper nature of authoritative relationships. This requires a model of “rational authority” which places emphasis on the first‐person perspective of the subjects to authority.
Kant and the Transnational Order: Towards a European Community Jurisprudence*
Authors: WARD IAN 
Published: August 2007

Abstract.This paper seeks to suggest a jurisprudential grounding for the European Community, and seeks to do so by using a specifically Kantian philosophy of law. Kant's observations on the nature of transnational orders, like so much of his political theory, have tended to be overlooked. To do so is to overlook one of the great political and jurisprudential treasures in modern western thought. It will be suggested that a proper understanding of a Kantian normative order, and the application of such a model to the European Community will serve to dispel much of the confusion and sometimes near histrionic commentaries which have characterised recent attempts to understand the jurisprudence of the Community.
A pragmatic randomized controlled trial on the effectiveness of low concentrated saline spa water baths followed by ultraviolet B (UVB) compared to UVB only in moderate to severe psoriasis
Authors: Brockow T , Schiener R , Franke A , Resch KL , Peter RU 
Published: August 2007

AbstractObjective  To evaluate whether low concentrated saline spa water baths followed by ultraviolet B (LC‐SSW‐UVB) are superior to UVB alone in moderate to severe psoriasis.Background  There is a lack of sufficiently large randomized controlled clinical trial evaluating the additional benefit of saltwater baths followed by UVB compared to UVB only in psoriasis.Study design  Partly evaluator blind, multicentre, pragmatic, randomized controlled trial.Setting  Five German spa centres.Subjects  One hundred and forty‐three adults with stable psoriasis during the last month and a Psoriasis Area and Severity Index (PASI) of > 10 and/or an affected body surface area of > 15%.Interventions  LC‐SSW‐UVB or UVB thrice a week until remission (PASI < 5) or for a maximum of 6 weeks. Sodium chloride concentrations of natural springs varied between 4.5% and 12%. Conventional UVB (broadband UVB or selective UVB phototherapy) was used as irradiation source.Main outcome  Reduction of PASI and/or affected body surface area of 50% at the end of the intervention period (PASI‐50). Only participants receiving at least one intervention were included in the primary analysis.Results  Patients allocated to LC‐SSP‐UVB attained a statistically significantly higher rate of PASI‐50 at the end of the intervention period than patients allocated to UVB [58/79 (73%) vs. 32/64 (50%); P = 0.01; NNT, 4.3, 95% CI, 2.4–18.1]. Benefit persisted until 3 months only for one of two secondary outcomes considered.Conclusions  In routine clinical practice balneophototherapy using conventional UVB is superior to conventional UVB only at the end of a 6‐week treatment course.
Three‐dimensional morphology of the pericellular matrix of intervertebral disc cells in the rat
Authors: Cao Li , Guilak Farshid , Setton Lori A. 
Published: August 2007

AbstractIntervertebral disc cells are surrounded by a pericellular matrix that is biochemically and morphologically distinct from other extracellular matrix regions. Although the function of the pericellular matrix is not fully understood, prior studies of pericellular matrix‐chondrocyte regions in articular cartilage (termed ‘chondrons’) suggest that the size, shape, and mechanical properties of the pericellular matrix significantly influence the micromechanical environment of the contained cells. A first step in understanding the role of the pericellular matrix in the intervertebral disc is to quantify the three‐dimensional morphology and zonal variations of these regions across the disc. In this study, three‐dimensional reconstructions and morphometric measurements of pericellular matrix‐cell regions were obtained in situ using fluorescence confocal microscopy of en bloc sections of nucleus pulposus and anulus fibrosus of the rat disc immunolabeled for type VI collagen. The morphology of the pericellular matrix and cells varied significantly across regions, with distinct pericellular matrix aspect ratios (largest/smallest diameter) showing shapes that were generally large and rounded in the nucleus pulposus (average of 1.9), and ellipsoidal and discoidal in the inner (2.4) and outer anulus fibrosus (2.8). The average pericellular matrix volume per cell was found to be significantly larger in the nucleus (6424 µm3) than that of inner (1903 µm3) and outer (1433 µm3) anulus. Pericellular matrix regions containing 1 or 2 cells were the dominant subgroup in the rat intervertebral disc at both 1 and 12 months of age. Multicellular pericellular matrix regions were present more often in the younger nucleus pulposus and outer anulus fibrosus. The orientation of the pericellular matrix regions further varied significantly across the disc, reflecting local collagen matrix architecture. These studies provide new information on the organization and shape of intervertebral disc cells and their surrounding pericellular matrix, which may provide new insights into the mechanisms that regulate cell‐matrix interactions.
Isolation and characterization of polymorphic microsatellite loci in the raccoon (Procyon lotor)
Authors: SIRIPUNKAW C. , KONGRIT C. , FARIES K. M. , MONELLO R. J. , GOMPPER M. E. , EGGERT L. S. 
Published: August 2007

AbstractWe report the isolation and characterization of 17 polymorphic microsatellite loci in the North American raccoon (Procyon lotor). These loci exhibit high levels of allelic diversity, with between four and 13 alleles per locus, and heterozygosity, with observed values of 0.500–1.000 in a sample of 20 individuals. All genotypes conformed to Hardy–Weinberg expectations and there were no instances of linkage disequilibrium detected.
Editorial: The Optimal Hemoglobin in Dialysis Patients— A Critical Review
Authors: Singh Ajay K. , Fishbane Steven 
Published: August 2007

AbstractThe introduction of recombinant human erythropoietin treatment has been one of the most important advances in the treatment of dialysis patients and others with chronic kidney disease (CKD). Treatment of CKD anemia has been shown to reduce the need for blood transfusions and to improve quality of life. However, the target hemoglobin level in treating patients is currently controversial. This is because of the recent publication of two randomized controlled studies in nondialysis CKD patients, the CREATE and CHOIR studies, as well as an accompanying meta‐analysis. These studies demonstrate increase risk for death and cardiovascular complications when aiming for a hemoglobin (Hgb) level of >12 g/dl. In light of this new data, the National Kidney Foundation Kidney Disease Outcomes Quality Initiative anemia guidelines are being revised. The Food and Drug Administration has issued a Black Box warning and indicated that hemoglobin levels do not exceed 12 g/dl. While observational data suggest a benefit for higher hemoglobin levels, these studies have limitations because of their retrospective design and the potential effect of confounding factors. Hence, reliance on observational studies to guide CKD anemia treatment is a potentially flawed and hazardous process. In this editorial we propose that the current literature does not support an upper Hgb target above 12 g/dl. We also suggest that the current reimbursement system for erythropoiesis stimulating agent treatment potentially encourages unsafe overtreatment.
Fear of Falling in Older Women: A Longitudinal Study of Incidence, Persistence, and Predictors
Authors: Austin Nicole , Devine Amanda , Dick Ian , Prince Richard , Bruce David 
Published: August 2007

OBJECTIVES: To determine longitudinal predictors of incident and persistent fear of falling (FOF) in older women.DESIGN: Longitudinal study.SETTING: Clinical research center based at a university hospital.PARTICIPANTS: One thousand two hundred eighty‐two community‐dwelling women aged 70 to 85.MEASUREMENTS: FOF at baseline and after 3 years of follow‐up; a range of baseline demographic and clinical variables, including mobility, balance, and depression.RESULTS: FOF was present in 418 subjects (33%) at baseline, developed in 30% of women who had been free of the symptom at baseline, and was reported by a total of 46% of the sample after 3 years of follow‐up. In cross‐sectional multivariable analysis, baseline FOF was independently associated with a range of variables, including living alone, obesity, cognitive impairment, depression, and impairments in balance and mobility. Baseline predictors of FOF that persisted after 3 years were similar, whereas obesity and slower timed up and go test scores predicted new‐onset FOF.CONCLUSION: FOF in older women is a common and persistent complaint that is caused mainly by impairments of balance and mobility. A range of social, psychological, and physical risk factors for disability are associated with persistence of FOF. These results imply that early intervention may be important for the prevention of persistent FOF.
Physical Properties of Denture Base Resins Potentially Resistant to Candida Adhesion
Authors: Dhir Gunjan , Berzins David W. , Dhuru Virendra B. , Periathamby A. Raj , Dentino Andrew 
Published: August 2007

Purpose:
The addition of anionic charge on denture base resins has been shown to inhibit Candida albicans adhesion and to facilitate adsorption of salivary defense molecules. The aim of this study was to evaluate the physical properties of a modified denture base resin for denture fabrication.
Materials and Methods:
Specimens made from heat polymerizing resin Lucitone 199 were used as the control group. The two experimental groups, E‐10 and E‐20, had 10% and 20%, respectively, of the monomer substituted with an experimental phosphate‐containing monomer. Flexural strength and modulus, water sorption, solubility, and color stability tests were conducted to ensure compliance with ADA specification No. 12. Water diffusion coefficient into the resins and stainability were also assessed. ANOVA and Scheffé tests were performed for statistical significance.
Results:
There was an overall decline in all properties with the addition of the experimental phosphate compound. The flexural strength and modulus, water sorption and solubility for E‐10, as well as the control were, however, within the ADA specifications. The diffusion coefficients were significantly different (p < 0.05) for the three groups. Staining and color specimens showed no significant difference (p > 0.05) among the three groups.
Conclusions:
Within the limitations of this study, the physical properties of the phosphate denture base resin at 10% should be suitable for denture fabrication based on the properties assessed.
Compressive Fracture Resistance of Porcelain Laminates Bonded to Enamel or Dentin with Four Adhesive Systems
Authors: Piemjai Morakot , Arksornnukit Mansuang 
Published: August 2007

Purpose:
To measure the compressive strength of porcelain laminates of 0.5 or 1.0 mm thickness when bonded to enamel or dentin using these resin cements: All‐Bond 2 + Choice, Panavia 21, Scotchbond + Opal, and Super‐Bond C&B.
Materials and Methods:
The buccal and lingual aspects of human molars were sectioned to prepare specimens at least 3 × 3 × 3 mm in size. Thirty horizontally flat enamel surfaces were prepared with a diamond disc for each group using a milling machine. Ten enamel specimens were randomly selected to test the fracture strength of 0.5‐mm thick porcelain laminates without resin cement, and the data were recorded for a control group. The enamel specimens of each group were divided into two subgroups of 15 specimens to bond with either 0.5‐ or 1.0‐mm thick porcelain laminates. Four resin cements were used for bonding of individual groups. All bonded specimens were stored in 37°C for 24 hours before fracture testing. The horizontally flat dentin surfaces were prepared on the fractured bonded specimens using a diamond disc for each group. Ten 0.5 mm porcelain laminates were randomly selected to test the fracture strength on dentin (control group). The bonded laminates to dentin were prepared using the same procedure as for enamel. The fracture strengths were statistically analyzed at α= 0.05.
Results:
Statistically significant differences in mean fracture strengths between groups were revealed. No significant difference in fracture strengths of control specimens between enamel and dentin was found. Super‐Bond C&B provided a higher fracture resistance of porcelain than the other resin cements. Increasing the thickness of porcelain laminate increased the fracture strength. The 0.5‐mm thick porcelain bonded to enamel had higher fracture strength than that of 1.0‐mm thick porcelain bonded to dentin when using Super‐Bond C&B and Scotchbond + Opal cements.
Conclusions:
Bonding techniques and curing systems of resin cements influenced the fracture resistance of porcelain laminates. Dry bonding with auto‐polymerization of Super‐Bond C&B resin provided the highest fracture resistance of porcelain. Porcelain bonded to enamel with this resin had a much higher fracture strength than when bonded to dentin.
Exclusion of Patients with Arteriosclerosis Reduces Long‐Term Recurrence Rate of Presumed Arterial Embolism after PFO Closure
Authors: DUBIEL MARK , BRUCH LEONHARD , LIEBNER MATTHIAS , SCHMEHL INGO , WINKELMANN ANNE , RUX SASCHA , SONNTAG STEFFEN , WULFF HILDEGARD , GRAD MARC OLIVER , KLEBER FRANZ XAVER 
Published: August 2007

Background:

Percutaneous transcatheter closure of patent interatrial communications after presumed paradoxical embolism is used as an alternative to surgery or long‐term anticoagulation for the treatment of patients who are at risk for recurrent thromboembolism. To avoid atherosclerotic events to be judged as recurrent paradoxical embolism, we prospectively excluded all patients with detectable arteriosclerosis from our series and investigated long‐term results.
Methods and Results:

We report the outcome of 180 patients who underwent percutaneous transcatheter closure of patent foramen ovale (PFO), PFO like atrial septal defect (ASD), or an ASD because of paradoxical embolism. One hundred four patients had cerebral embolism, 57 had transient ischemic attacks, 16 coronary embolism, and 3 had peripheral embolism. Twenty‐three patients experienced multilocal arterial embolism. One hundred twenty‐five patients had a PFO, 63 of them with an atrial septal aneurysm (ASA), 24 a PFO‐like ASD (7 of them with an ASA), and 31 had an ASD. After 18 months, only 5 patients (2.8%) showed a trivial residual shunt. At a mean follow‐up of 40 months (range 4 to 88), resulting in 602 observed patient‐years, only 1 patient experienced a presumed paradoxical (coronary) embolism (calculated annual risk to suffer a recurrent thromboembolic event: 0.16%).
Conclusions:

Percutaneous transcatheter closure of PFO/ASD is a safe and effective therapeutic option for the secondary prevention of presumed paradoxical embolism. It is associated with a high success rate, low incidence of hospital complications, and very low frequency of recurrent systemic embolic events.
Lateral migration of Arapaima gigas in floodplains of the Amazon
Authors: Castello L. 
Published: August 2007

Abstract –  This study deduced in detail the lateral migration –those between river channels and floodplain habitats – of the pirarucu (Arapaima gigas), a giant, obligate air‐breathing species of the Amazon Basin. Over a thousand samples of the pirarucu were taken through counts of the individuals performed at the moment of aerial breathing; these samples were taken in eight habitats of a floodplain near the Amazon River every week throughout an entire flood cycle. The lateral migration of the pirarucu accompanied water level fluctuations closely. As water levels rose, the pirarucu migrated to increasingly higher habitats in flooded forests and remained there during high water levels. As water levels declined, the pirarucu migrated first back to lower habitats of flooded forests, then to communicating channels, and, eventually, to the lakes, where they remained during low water levels. These results allow for a conceptual model of lateral migration of floodplain fishes.
Influence of High-Power Potassium-Titanyl-Phosphate Photoselective Vaporization of the Prostate on Erectile Function: A Short-Term Follow-Up Study
Authors: Paick Jae-Seung , Um Jin Mo , Kim Soo Woong , Ku Ja Hyeon 
Published: August 2007

ABSTRACT

Introduction
Erectile function after high-power potassium-titanyl-phosphate (KTP) photoselective laser vaporization of the prostate has not been investigated systemically.

Aim
The aim of this study was to evaluate the impact of high-power KTP photoselective laser vaporization of the prostate on erectile function in men with lower urinary tract symptoms (LUTS)/benign prostatic hyperplasia.

Methods
A total of 45 patients with mean age of 68.3 years (range 56–86) were included in the primary analysis. At baseline and at 6-month postoperative visit, the International Index of Erectile Function (IIEF), International Prostate Symptom Score (IPSS), maximum flow rate (Qmax), and post-void residual urine (PVR) volume were evaluated.

Main Outcome Measures
The primary efficacy outcome was changes in the “erectile function” domain and other sexual functions. The secondary outcome was changes in LUTS.

Results
Six months after surgery, data of the IPSS, Qmax, and PVR volume improved (P &lt;0.05). All IIEF domains also improved 6 months after surgery (P &lt;0.05). “Erectile function” domain increased from a baseline of 11.3 ± 1.8 to 14.7 ± 1.7 (P =0.015). Overall, the IIEF total sum increased from a baseline mean of 27.4 ± 3.8 to 34.9 ± 3.7 after KTP photoselective vaporization of the prostate (P =0.010).

Conclusions
The present results suggest that 6 months after high-power KTP laser vaporization, sexual functions including erectile function improved. However, as with any new technique, a longer follow-up and a larger cohort are needed further to validate these findings.