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  • Articles  (7,712)
  • Oxford University Press  (7,261)
  • Blackwell Publishers Ltd
  • Electrical Engineering, Measurement and Control Technology  (4,934)
  • Law  (2,778)
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  • 1
    Publication Date: 2020-10-09
    Description: Diffuse nutrient pollution from agriculture has been the concern of policymakers for several decades, and yet it remains a persistent environmental issue. The current approach to mitigating the problem is predominantly via command and control regulation within the Nitrates Directive and the Water Framework Directive. This article will set out how diffuse pollution can be considered a wicked policy problem which acts as an explanation of how it has eluded the current regulatory regime. It will further establish that the traditional planning process overlooked the complexity of the problem. Finally, it will illustrate the ineffectiveness of the current regulatory framework to mitigate the problem. This will be exemplified through the legal framework of Northern Ireland.
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  • 2
    Publication Date: 2020-10-09
    Description: This analysis explores new developments in judicial review of planning policy interpretation. It shows how the nature of policy, often contextual and judgment-dependent, has led the UK Supreme Court to rethink the standard of review applicable to this issue. By considering the recent decision in Samuel Smith as part of a trilogy of cases—including Tesco Stores and Hopkins Homes—this analysis reveals a change in judicial attitudes, away from the expansive judicial supervision upheld in Tesco Stores. Furthermore, this study reflects on how this change is related to two wider ideas. The first is the Court’s understanding of the law and policy divide in the planning field, whilst the second is to do with a pragmatic stance regarding the purpose of the planning system and the institutional role of the courts in it. Finally, this analysis shows how the new approach emphasises the distinctive character of policy in the planning context.
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  • 3
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    Oxford University Press
    Publication Date: 2015-08-09
    Print ISSN: 0022-0744
    Electronic ISSN: 1477-9986
    Topics: Electrical Engineering, Measurement and Control Technology , Natural Sciences in General , Physics
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  • 4
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    Oxford University Press
    Publication Date: 2015-08-09
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  • 5
    Publication Date: 2015-08-09
    Description: Fluorescence microscopy allows us to observe fluorescently labeled molecules in diverse biological processes and organelle structures within living cells. However, the diffraction limit restricts its spatial resolution to about half of its wavelength, limiting the capability of biological observation at the molecular level. Structured-illumination microscopy (SIM), a type of super-resolution microscopy, doubles the spatial resolution in all three dimensions by illuminating the sample with a patterned excitation light, followed by computer reconstruction. SIM uses a relatively low illumination power compared with other methods of super-resolution microscopy and is easily available for multicolor imaging. SIM has great potential for meeting the requirements of live-cell imaging. Recent developments in diverse types of SIM have achieved higher spatial (~50 nm lateral) and temporal (~100 Hz) resolutions. Here, we review recent advancements in SIM and discuss its application in noninvasive live-cell imaging.
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  • 6
    Publication Date: 2015-08-09
    Description: One of the most popular super-resolution microscopies that breaks the diffraction barrier is stimulated emission depletion (STED) microscopy. As the optical set-up of STED microscopy is based on a laser scanning microscopy (LSM) system, it potentially has several merits of LSM like confocal or two-photon excitation LSM. In this article, we first describe the principles of STED microscopy and then describe the features of our newly developed two-photon excitation STED microscopy. On the basis of our recent results and those of other researchers, we conclude by discussing future research and new technologies in this field.
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  • 7
    Publication Date: 2015-08-09
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  • 8
    Publication Date: 2015-08-09
    Description: The electrically automated ultrathin sectioning apparatus, which has been developed in recent years, can produce consecutive ultrathin sections with a diamond knife and a gallium ion beam. These newly developed apparatuses, however, have several shortcomings, such as the limited block cutting area, thermal damage to the sample by the focused ion beam and a sample electronic charge. To overcome these faults and for easier scanning electron microscopy three-dimensional fine structural reconstruction, we have developed a new cutting method using a deep ultraviolet laser, which we have named the ‘LANTome (Light Ablation Nanotome)’. Using this method, we confirmed the widening of sectioning areas, shortening of the sectioning time, automatic smoothing of rough surfaces, no sample electronic charge and minimal heat effects on the sample tissue, such as thermal denaturation.
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  • 9
    Publication Date: 2015-08-09
    Description: Recent advances in nanoscopy, which breaks the diffraction barrier and can visualize structures smaller than the diffraction limit in cells, have encouraged biologists to investigate cellular processes at molecular resolution. Since nanoscopy depends not only on special optics but also on ‘smart’ photophysical properties of photocontrollable fluorescent probes, including photoactivatability, photoswitchability and repeated blinking, it is important for biologists to understand the advantages and disadvantages of fluorescent probes and to choose appropriate ones for their specific requirements. Here, we summarize the characteristics of currently available fluorescent probes based on both proteins and synthetic compounds applicable to nanoscopy and provide a guideline for selecting optimal probes for specific applications.
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  • 10
    Publication Date: 2015-08-09
    Description: As one of the most powerful tools in the biological investigation of cellular structures and dynamic processes, fluorescence microscopy has undergone extraordinary developments in the past decades. The advent of super-resolution techniques has enabled fluorescence microscopy – or rather nanoscopy – to achieve nanoscale resolution in living specimens and unravelled the interior of cells with unprecedented detail. The methods employed in this expanding field of microscopy, however, are especially prone to the detrimental effects of optical aberrations. In this review, we discuss how super-resolution microscopy techniques based upon single-molecule switching, stimulated emission depletion and structured illumination each suffer from aberrations in different ways that are dependent upon intrinsic technical aspects. We discuss the use of adaptive optics as an effective means to overcome this problem.
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  • 11
    Publication Date: 2015-07-30
    Description: Energy security remains a vital issue for the European Union (EU), even more so in the wake of the events that unfolded in early 2014 in Ukraine. The EU’s already fragile position in the international energy arena in terms of security of supply appears to be more uncertain than ever after its umpteenth fallout with its historic energy supplier, Russia. This situation is untenable and calls for swift and decisive action to adequately tackle the issue once and for all. The article looks at the creation of a single EU energy market through integration of energy networks in the EU. It then examines various ways to diversify the EU’s energy supply, whether through increasing the import of liquefied natural gas, through its relations with the Eurasian Union, the promotion of renewable energy or the construction of alternative pipelines and energy routes. The article then offers an analysis of the latest developments of the Energy Charter Conference. The article concludes that from energy transit, to technology transfer, to investment protection, energy and trade present interplays across various fields. Improvements can be made to the EU trading system to ensure greater energy security and more efficient energy markets.
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  • 12
    Publication Date: 2015-07-30
    Description: Despite the Egyptian authorities’ great hopes for the fledging shale gas industry in Egypt, it appears that it could be difficult for Egypt to realize these lofty ambitions, at least in the near future. The Egyptian shale gas industry faces technical challenges as well as a critical lack of detailed regulations regarding the exploration for and the production of shale gas. There is also a lack of guidance over the manner in which foreign investments can be made in the industry.
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  • 13
    Publication Date: 2015-08-09
    Description: The acrosome is a Golgi-derived sperm cell organelle enclosed by a continuous acrosomal membrane. The acrosomal membrane complexes with surrounding matrices containing molecules necessary for fertilization; however, the complex of acrosomal membrane and associating matrices (CAMAM) has not been visualized in detail under living conditions. Here, we analyzed the CAMAM at the nanometer level using super-resolution stimulated emission depletion (STED) fluorescence microscopy and equatorin-enhanced green fluorescent protein transgenic mice. The STED images were compared with the corresponding images taken by immunoelectron microscopy. Consequently, the substructure of CAMAM could be differentiated at nanometer-scale resolution by STED microscopy without the need for sectioning. The information obtained in this study will be beneficial not only for understanding the molecular mechanism of fertilization but also for cell imaging under living conditions.
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  • 14
    Publication Date: 2015-09-29
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  • 15
    Publication Date: 2015-09-29
    Description: The demand for thermal coal has risen dramatically over the past 20 years, driven by an emerging markets-led commodities super cycle, which has recently come to an end. Today, thermal coal generates over 40 per cent of global electricity and is available in large quantities in countries such as China, India and the USA. Thermal coal is also the primary contributor to CO 2 emissions, a substantial driver of climate change. This has resulted in material tension for ‘sustainable and responsible’ institutional investors and strategic challenges for certain state-owned companies. Deciding upon the electricity generation technology in which to invest poses a significant dilemma. Thermal coal is abundant and by far the cheapest when externalities are not internalized. Electric renewables currently suffer from intermittency, viable storage solutions and are not very scalable. While cleaner than thermal coal, natural gas is abundant yet often needs to be imported and is more expensive than thermal coal. Although safe, scalable and clean from an emissions perspective, ‘new’ nuclear energy suffers from perception problems. The mixed method inductive methodology was used to determine the extent to which thermal coal remains investable over the next 20 years and has led to two divergent yet plausible scenarios impacting thermal coal investability. In assessing the investability of thermal coal across four chief stakeholders and geographies, a multifaceted interpretation of the term ‘investability’ is developed, which recognizes disparate financial and non-financial investment drivers. The research shows that thermal coal remains investable by a variety of stakeholders, particularly in the Transformative scenario, but their reasons for investing differ materially both by geography and the type of stakeholder. Finally, the key drivers for both scenarios are identified that can be monitored and used as an early warning system to inform investment decisions.
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  • 16
    Publication Date: 2015-09-29
    Description: In March of 2015 New Zealand’s Court of Appeal brought to a conclusion a long running dispute between the joint venture partners in the Pohokura gas and condensate field located in Taranaki, New Zealand. Todd Pohokura v. Shell Exploration NZ Limited et ano deals with the rights to production and offtake arising under the Association of International Petroleum Negotiator’s (AIPN) 1995 Model Form joint operating agreement (JOA), the powers of the Operating Committee in regards thereto and the practical implications of entering into a field development without documenting all the necessary gas sale and transportation arrangements in advance. The factual matrix provides an opportunity to review the principles of common law relevant to production and offtake, including the development of those principles from early English common law into U.S. domestic law, and how those principles have been reflected in model form JOAs on both sides of the Atlantic, including the AIPN forms and ultimately the Pohokura JOA. The analysis confirms the New Zealand courts’ rulings upholding the power of the Operating Committee to determine production rates under the AIPN Model form. However, it concludes that gas offtake arrangements that amend or add to the rights and obligations of the parties under the JOA must be agreed unanimously and are not within the jurisdiction of the Operating Committee to determine.
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  • 17
    Publication Date: 2015-09-29
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  • 18
    Publication Date: 2015-05-30
    Description: Pursuant to a generous Association of International Petroleum Negotiator (AIPN) 2014 Summer Research Award, this article identifies, evaluates and compares the legal and fiscal rules, regulations and incentives necessary for countries with significant shale petroleum and natural gas formations to attempt to replicate the boom that is ongoing in the USA. As others have pointed out, 1 several legal, tax, and operational barriers can impair duplication of the US shale revolution in similarly endowed nations. This article identifies key factors responsible for the surge in US shale production, distill the fundamental forces from the US experience that are applicable to any jurisdiction, and evaluate and compare how several countries fare in this vein. The report also identifies avenues for reform and innovative policies that could be applied in other jurisdictions.
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  • 19
    Publication Date: 2015-05-30
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  • 20
    Publication Date: 2015-05-30
    Description: Texas law has only recently codified in precedential decisions a reasonable formula for production allocations for horizontal, including fracked, wells. The ancient regime of the Rule of Capture does not generally apply, because of the nature of the geologic deposits and the new technology. This reasonable formula is applicable in the international arena for cross-border deposits and production blocks. Other national law and international treaties provide scant guidance in these matters and governments, national oil companies and international oil companies should review this formula to aid in negotiations for fair and equitable allocations that should preclude unnecessary disputes and litigation.
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  • 21
    Publication Date: 2015-05-30
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  • 22
    Publication Date: 2016-07-13
    Description: The provisions in the Habitats Directive relating to protection of sites establish a triumvirate of decision-makers: administrative authority, scientific advisor and judiciary. This article examines the relationship between these decision-makers as developed in recent case law, both at a European Union (EU) and national level. It argues that reference to the goal of environmental protection obscures the allocation of power among these actors, and that to truly understand the resulting system, we must acknowledge the differing norms which motivate each of these actors. In particular, it argues that we must consider the judiciary as an actor within the decision-making process, and should examine the role of the principles of judicial review and EU law in shaping this. It highlights that there are currently conflicts within the process, and that the principles of judicial review cannot provide a successful mechanism to manage these conflicts without an explicit consideration of the values ‘hidden’ therein.
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  • 23
    Publication Date: 2016-07-13
    Description: One of the key issues in the current controversy over the hunting of wolves in Sweden is whether the wolf population has reached favourable conservation status (FCS). FCS is a legal concept, created and defined in law, but like many legal concepts within environmental law, can only be understood by reference to ecological concepts such as species viability. These ecological determinations in turn often require some sort of legal or policy judgment, such as how great an extinction risk is acceptable for a viable population. This article interrogates contested legal and ecological aspects of FCS and argues for how they might be applied to the Swedish wolf in potential litigation.
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  • 24
    Publication Date: 2016-07-13
    Description: Within the regulatory space that exists at the intersection of UK company law and environmental regulation, the business community has generated its own environmental governance initiatives to address growing anxiety about companies’ externalised risk. Yet, there is currently nothing in law to prevent companies from frequently acting inconsistently with these voluntary unilateral assurances, which has led to widespread concern that environmental values are treated as merely instrumental to the dominant idea of achieving economic benefits for the company. This article examines a specific case for the legal facilitation of binding obligations owed to the environment, which require a company to make good on its previous commitments about environmental responsibility. It seeks to demonstrate that this is possible through the common law doctrine of estoppel, which can be opened up to prevent a company from acting inconsistently with its previous statements or actions about the governance of environmental risk.
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  • 25
    Publication Date: 2016-07-13
    Description: The aim of the article is to shed light on the particular issue of absence of judicial dialogue between the European Court of Human Rights (ECtHR) and the Court of Justice of the EU (CJEU) in the matter of environmental rights which represents a glaring exception to the generally cooperative disposition exhibited by the two courts in other domains linked to human rights protection. The article draws on this particular absence of judicial dialogue by examining the respective patterns of judicial reasoning employed by the CJEU and the ECtHR in cases before them that involve, or have a bearing on, environmental rights (substantive and procedural). Thus, the singular tendencies discernible in the ECtHR’s progressive jurisprudence in the field of environmental rights will be compared to CJEU’s jurisprudence relevant to environmental rights with the intention of detecting certain aspects in the CJEU’s approach which could further stand to be improved following the example of ECtHR’s activist environmental jurisprudence as a viable avenue for initiating the currently missing dialogue between the two courts in the matter of environmental rights.
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  • 26
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    Oxford University Press
    Publication Date: 2016-07-13
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  • 27
    Publication Date: 2016-07-13
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  • 28
    Publication Date: 2016-07-13
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  • 29
    Publication Date: 2016-07-13
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  • 30
    Publication Date: 2016-08-06
    Description: Oil and gas fields that straddle a domestic licence boundary or a delimited international border are often unitized so that they can be developed efficiently and effectively as a single entity. The unitization process is usually governed by a pre-unit agreement and a unitization and unit operating agreement. Provision for expert determination in these agreements should include a decision on the basis for tract participation, the determination of initial tract participation around the time of unitization, the formulation of key elements of prescribed technical procedures for any redetermination of tract participation, the redetermination of tract participation post-production, and the enlargement or reduction of the unit area and/or unit interval. The agreements must also define the key issues of how an appointed expert is to arrive at a decision. Expert determination is generally preferred to pendulum decision-making, an expert should carry out an integrated study with a single deliverable as opposed to one that is subdivided into discrete incremental steps, and the expert should table an initial decision for technical and procedural scrutiny by the parties before delivering a final binding decision. Experience has shown that adherence to these principles of prescription facilitates expert engagement during subsequent field life and thereby promotes Pareto-efficiency, fairness and equitability.
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  • 31
    Publication Date: 2016-07-13
    Description: Through a three-year revision involving various stakeholders, China has enacted a new Environmental Protection Law ( EPL ). The new law seeks to harmonize economic and social development with environmental protection and for the first time establishes clear requirements for the construction of an ecological civilization. It toughens the penalties for environmental offences with specific articles and provisions for raising public awareness. It also places greater responsibility on local government and law enforcement for the protection of China’s environment. However, many of the problems identified in the old EPL and especially the obstacles to its implementation have not been fully addressed and resolved. Effective environmental governance entails not only environmental laws but also implementation mechanisms, accountability regimes, and institutional arrangements. Raising the status of the EPL and of the general environmental protection apparatus is only the first step to meeting China’s environmental challenges. More efforts in the area of enforcement and implementation will lead China to a cleaner future.
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  • 32
    Publication Date: 2016-07-13
    Description: The cultivation of genetically modified (GM) crops in the European Union (EU) is highly harmonised, but with persisting conflicts over authority. The European Commission responded to internal and external pressures with a more flexible approach to coexistence, a proposed opt-out clause, and a promise to review the existing EU GM regime, providing an opportunity to consider and suggest paths of development. This article considers the post-authorisation policy-making powers of Member States and subnational regions, in light of subsidiarity-based multilevel governance. It considers the different approaches to risk-centred issues and more general policy choices. Overall, the developments occurring at the EU level are strengthening subsidiarity-based multilevel governance within the GM cultivation regime, but with significant opportunities to improve it further through focussing particularly on the complementary powers, coordination and the regional levels.
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  • 33
    Publication Date: 2016-08-06
    Description: Renewable energy provides an answer to the most pressing socio-economic challenges governments face today, in particular the effects of climate change. Although efforts have been made throughout the world, it is necessary that investment in renewable energy is further increased if it is to have a marked impact on the reduction of carbon dioxide (CO 2 ). The lack of national investment is inevitably going to trigger the inflow of foreign investment which may be subject to performance requirements which are regulated by a number of economic treaties. The Article reviews all the norms currently applicable and stresses their differences to provide a typology of existing prohibition. The analysis is further refined by a comprehensive review of the case law (both decided by trade and investment tribunals) to identify the type of requirements which have been implemented on renewable energies. It also explains and anticipates the role of the most favoured national treatment in the context of bilateral treaties in a manner hitherto unexplored. In doing so, this Article provides a comprehensive analysis of the performance requirements in international treaties with a view to assessing their impact on the further development of renewable energies.
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  • 34
    Publication Date: 2016-08-06
    Description: This brief contains an update of the current situation of upstream petroleum investment in Thailand. It is a critical appraisal of the ongoing reformation of the new Petroleum Act, which intends to adopt all three types of upstream contract, namely, concession, production sharing and service contracts, to govern the contractual relationship between Thailand and upstream investors.
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  • 35
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    Oxford University Press
    Publication Date: 2016-08-06
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  • 36
    Publication Date: 2016-08-06
    Description: Local-content legislation and policies in oil and gas producing countries have become a key priority of host governments and industry players alike. Increasingly, more resource-rich developing countries are enacting local-content legislation as a means of maximizing the benefits to be gained from their petroleum industries. However, these laws and policies are being implemented with insufficient research into their efficacy, and as a result have often yielded mixed results. This article assesses the effect of local-content legislation and policies in the oil and gas industry presenting insights on the challenges faced by industry players with regard to their implementation. We trace the channels through which local-content legislation advances value creation by evaluating different implementation programmes, using clearly stated local-content targets to measure their efficacy. Nigeria, Ghana, Brazil and Norway are chosen as case study countries to highlight the diversity of local-content strategies for countries at different developmental stages. The motivation for this research is to provide host governments, investors and domestic suppliers with guidelines on how to successfully develop and implement local-content regulations and strategies. The experience of the case study countries above show that the success or otherwise of local-content legislation and policies remains a function of a country’s institutional setting and developmental paradigm. Based on the review of the case studies, we summarize that successful local-content legislation and policies should be anchored on the following principles: (i) local-content policies need to look beyond simple generation of economic rents to focus on the development of linkages; (ii) the tools developed to measure agreed local-content benchmarks must be clearly defined to the acceptance of all industry players; and (iii) entrenching local content depends on the availability of an industrial-supply base that can act as growth levers.
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  • 37
    Publication Date: 2016-08-06
    Description: This article demonstrates how the oil regulatory framework enacted in Brazil in 2010 will have detrimental effects on technology and innovation. The shortcomings essentially derive from three of its aspects: (i) operational exclusivity; (ii) the governance structure of the operational committee; and (iii) local content policies which lack adequate focus and strategic planning. All these elements actually stem from an excessively intrusive regulatory approach, within a typical top-down model, disproportionately reliant on command and control procedures. The current regulations will lead to significant drawbacks in technology and innovation in Brazil that will inevitably affect Petrobras. Even worse, however, they will not guarantee the development of a dynamic and sustainable industry of suppliers. Instead of using Petrobras to propel its industry of providers towards higher technological standards, suppliers will be dragging the national oil company downwards at the expense of the whole sector. A less intrusive regulatory framework, based on reflexive and responsive regulations is more suitable in this context, since it induces agents to continuously interact in a favourable way for the intended outcomes, instead of imposing norms and rules on them that most probably lead to other undesirable consequences.
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  • 38
    Publication Date: 2016-08-06
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  • 39
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    Oxford University Press
    Publication Date: 2016-05-11
    Description: This analysis piece deals with a landmark case C-461/13, or the Weser case, in which the European Court of Justice settled a years-long dispute over the legal status of the environmental objectives laid down in the Water Framework Directive (2000/60/EC). The Court ruled that the objectives are legally binding: the Member States are for example obliged to refuse authorisation from individual projects estimated to compromise the objectives. The Court also took a strong stance on the so-called non-deterioration principle, ruling that it binds the Member States to such an extent that decline of the quality of the surface waters is no longer allowed. Being so, the Court did acknowledge the possibility of exemption from the now constituted norms, putting the derogation regime created in the Directive in the spotlight. Thus the alleged management planning instrument has turned into a more traditional, formalistic legal tool, affecting individual permitting procedures all across the Union.
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  • 40
    Publication Date: 2016-05-11
    Description: Climate change is a persistent, pervasive and pernicious problem. Each branch of government, including the judiciary, has a role to play in tackling climate change. Courts can make a meaningful contribution by: providing equal access to justice; determining and not deferring climate change claims; upholding the rule of law; taking and forcing the executive, legislature and private sector to take climate change seriously; explaining and upholding the fundamental values underpinning the law; promoting environmental values and putting a price on them; assisting the progressive and principled development of climate change law and policy; and making reasoned and evidence-based decisions.
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  • 41
    Publication Date: 2016-05-11
    Description: The article, which is based on a lecture delivered in London in September 2015, addresses the possibilities for adjudication of climate change issues before international courts and tribunals, finding them to be more favourable today than a few years ago. It argues for a role of international courts and tribunals in the determination of factual and scientific matters related to climate change, assessing the possible role of international courts of a more general jurisdiction, such as ITLOS and the ICJ.
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  • 42
    Publication Date: 2016-05-11
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  • 43
    Publication Date: 2016-05-11
    Description: The energy transition requires a legal system that promotes the most sustainable forms of energy. This requires a holistic approach that accounts for all effects of energy production throughout the energy chain. This article analyses the presence of holistic elements in the current legal framework of biomass used for energy purposes. It finds that the most advanced example, sustainability criteria for biofuels, applies to only a fraction of all biomass uses, as the applicability is dependent on the production process used and the manner of consumption. Furthermore, the legal framework for biomass accounts for neither all direct effects, nor any indirect effects of production, nor the carbon debt resulting from biomass combustion. All this undermines the assumed sustainability of biomass. As a result, the current legal framework is far from holistic and poorly equipped to promote the most sustainable forms of energy.
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  • 44
    Publication Date: 2016-05-11
    Description: This article deals with compensation mechanisms for the aftermath of disasters. It claims that there is a necessity to speedily compensate victims of an accident, if this can prevent the occurrence of large societal follow-on damage. In reality this does not often happen. This article takes the entitlement to compensation as given, does not discuss substantive law matters regarding compensation, but deals with procedural aspects of how to actually get this compensation. The main obstacles to fast compensation may be found in lengthy mass litigation. Then again, civil litigation also entails economic advantages. There are law and economics arguments in favour of litigation versus alternative dispute resolution (ADR) solutions. After setting out the theoretical arguments, we discuss some American and European real-life examples of such rapid claims settlement mechanisms: the Gulf Coast Claims Facility (GCCF) and the Belgian compensation fund for technological accidents. The theoretical discussion, enriched by the illustration of the practical examples, will culminate in guidelines on how to set up a rapid claims settlement mechanism.
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  • 45
    Publication Date: 2016-07-13
    Description: The 2015 Paris Agreement, a product of a deeply discordant political context rife with fundamental and seemingly irresolvable differences between Parties, is an unusual Agreement. It contains a mix of hard, soft and non-obligations, the boundaries between which are blurred, but each of which plays a distinct and valuable role. This article identifies various defining elements of legal character and tabulates the core provisions of the Paris Agreement across a spectrum from those that conform most closely to hard obligations to those that are best characterized as ‘non-obligations’. It explores political drivers for the carefully calibrated mix of hard, soft and non-obligations in the Paris Agreement, as well as the dynamic interplay between them, and their critical importance in delivering an agreement acceptable to all.
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  • 46
    Publication Date: 2013-09-12
    Description: The tension between the meaning of causality in science and law or public policy is well-known; however, defendants in product liability cases or industries that might be affected by a government regulation may try to convince the factfinder to require evidence of a causal relationship that meets the standards of science. From the perspective of public health, however, people may be exposed unnecessarily to a health risk during the time period between the establishment of reasonably strong evidence of a causal relationship and the overwhelming evidence required for scientific causality. The Bayesian paradigm enables one to update information from epidemiologic studies as they accumulate, providing estimates of the probability that the relative risk of a particular harm from exposure exceeds a threshold value, e.g. 2.0 or 4.0 that is sufficient to meet the preponderance of the evidence standard or to support a health initiative. In order to diminish the role of the initial prior distribution, which may be quite subjective, the first case-control study or an analysis of adverse event and case reports is used to determine two prior distributions. One is the most favourable to the defendant, or industry that might be regulated, which is consistent with the previous data. The other is centred on or near the estimated relative risk from the first study. The method is applied to the studies that linked aspirin use to Reye syndrome and demonstrates that the evidence of a causal association was sufficiently strong in 1982, when the Food and Drug Administration first proposed that the public be warned of the risk, to support the regulation. Thus, lives would have been saved had the warning been given at the end of 1982 rather than in early 1985.
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  • 47
    Publication Date: 2013-09-12
    Description: In law, inferences of causation are sometimes made through a structured process in which multiple participants play various roles, and make decisions concerning various logical components of the overall inference (such as legal rules, policy objectives, presumptions, evidence, burdens of proof and findings of fact). This article illustrates such a process using empirical research into compensation decisions in the USA for injuries allegedly caused by vaccinations. Empirical research into actual legal processes is essential, in order to discover how various players approach their sub-tasks of decision-making. It also provides insights for areas outside of law, such as non-monotonic logic, cognitive science, sociology and artificial intelligence.
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  • 48
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2013-09-12
    Description: Situations of causal factual uncertainty are relatively common in law. The problems and difficulties regarding ‘factual causation’ in law point to the need of ‘evidence’ and ‘proof’ models that are adequate and capable to accommodate the tests and methodologies used to explain and demonstrate it in a legal context. Given the configuration of the situations of causal factual uncertainty and the available ‘evidence’ and ‘proof’ models, I argue that it is justified to use an ‘argumentative-narrative’ model for ‘proving causation’ in law. However, considering that each model of ‘evidence’ and ‘proof’ reveals a different kind of ‘rationality’ that can still be viewed in different ways, I also argue that we must try to match the perspective we have on the ‘rationality’ behind the chosen model of ‘evidence’ and ‘proof’ with the ‘rationality’ underlying ‘causation’ in law.
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  • 49
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2013-09-12
    Description: At least in some cases, the values confronted in legal decision-making appear to be incommensurable. Some legal theorists resist incommensurability because they fear that this presents an overwhelming obstacle to rational decision-making. By offering a close analysis of proportionality and, more particularly, measures of proportional value satisfaction, I show that this fear is unfounded. Comparative measures of proportional value satisfaction do not require the values to be commensurable. However, assuming incommensurability presents us with the problem of public significance in the proportional satisfaction of values. When two values are commensurable, this public significance is provided by the mediating effects of the overarching third value that provides the common measure of the values. However, when this common measure is removed, then the public significance of value satisfaction must be otherwise achieved. This is why I propose an equal proportional value satisfaction as the most appropriate proportionality maximand. Under equal proportional value satisfaction, the proportional satisfaction of any one value has significance for each and every other value. This kind of public significance is interpersonal rather than impersonal (or second-personal rather than third-personal). The article then shows that the legal process that is most appropriate to equal proportionality is a process that implements defeasible legal rules.
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  • 50
    Publication Date: 2013-09-12
    Description: In order to allocate the risk between parties in legal adjudication, we use evidentiary techniques with the main device among them being the standard of proof (SoP). The traditional view holds the grade of probability to be the parameter that shifts when moving to different standards. However, as soon as we dig slightly deeper, an incoherent picture is being revealed. In this article, I challenge the accepted view and try to show that it faces insurmountable problems concerning the rationality, the grammatical consistency and the impact of the SoP for the acceptability of verdicts. At the end of the article, I shortly discuss the theory of epistemological contextualism and propose a framework that allows rational distinctions to be drawn between different standards of proof. In the second part of this project (forthcoming), I will defend a contextualist view according to which shifting parameter is not the grade of (aleatory) probability, but instead the Set of Epistemic Defeaters in play.
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  • 51
    Publication Date: 2013-09-12
    Description: This article focuses on the question of how decision makers with no relevant scientific background can (if at all) legitimately evaluate conflicting scientific expert testimonies and determine their relative reliability. Sceptics argue that non-experts can never reach justifiable conclusions regarding the merits of conflicting expert testimonies because they lack the fundamental epistemic capacity to make such judgement calls. In this article, I draw on works on epistemology, philosophy of practical reasoning, philosophy of science, science and technology studies, and legal theory in order to scrutinize recent proposals to solve the problem of conflicting scientific expert testimonies. Addressing this question is of ultimate importance due to the idea that immanent in the idea of rule-of-law there is an intellectual due process norm, which articulates that epistemically arbitrary legal decisions are also not legally justified. This article is divided into two Sections. In Section 2 , I describe the basic philosophical inquiries underlying the debate about expert testimony. In particular, I first elaborate on the philosophy of testimony and its epistemic justifications, then move to the idea of epistemic deference, and finish with philosophical accounts of expertise. Section 3 presents the problem of conflicting scientific expert testimonies and analyses recent attempts to solve it as formulated by Ward Jones, Alvin Goldman and Scott Brewer. I argue that there is no single criterion (or set of criteria) upon which the non-expert could rely in order to make a rationally justified decision in each and every case in which he faces conflicting scientific expert testimonies. The alternative view here defended is to stop looking for an epistemic panacea and accept the idea that testimonial reliability operates differently within different kinds of testimony—and differently within the same kind of testimony at different times.
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  • 52
    Publication Date: 2013-06-08
    Description: The criterion of bioequivalence of two drugs in infringement cases may differ from the requirements used for drug approval by the FDA. In Adams v . Perrigo , 1 the Federal Circuit examined three different sets of criteria for judging bioequivalence. The statistical properties of those criteria are explored and evaluated. Our results support the appellate court’s decision to impose less stringent requirements for bioequivalence in infringement cases.
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  • 53
    Publication Date: 2013-06-08
    Description: The North Carolina Racial Justice Act allows defendants to submit statistical studies of prosecutorial actions pertaining to their seeking the death penalty or in making peremptory challenges. These studies may consider data from four geographical regions: the state, county, judicial division or prosecutorial district. A study of the effect of race on peremptory challenges in death penalty cases demonstrating statistically significant disparities disadvantaging Black defendants has been submitted in several cases. This comment shows that a more appropriate statistical analysis yields much stronger statistical evidence that race entered into the peremptory challenge process in Randolph County than the affidavit submitted by the authors of the study. A subsequent sensitivity analysis indicates that in order for a characteristic to explain the highly statistically significant disparity, it would need to increase the odds of an individual being challenged by a factor of three and more than twice as many Black venire members would need to possess that characteristic as non-Blacks. Since the data examined excluded potential jurors who had been removed for cause, it may be difficult for the state to find a legitimate reason justifying the racial disparity.
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  • 54
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2013-06-12
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  • 55
    Publication Date: 2013-06-12
    Description: Polysaccharides account for more than 90% of the content of fungal cell walls, but the mechanism underlying the formation of the architecture of the cell walls, which consist of microfibrils embedded in an amorphous wall matrix, remains unknown. We used electron microscopy to investigate ten different fungal cell-wall polysaccharides to determine whether they could self-assemble into the fibrillar or amorphous component of fungal cell walls in a test tube without enzymes. The ultrastructures formed by precipitating β-1,3-glucan and β-1,6-glucan are different depending on the existence of branching in the molecule. Linear β-1,3-glucan and linear β-1,6-glucan precipitate into a fibrillar ultrastructure. Branched β-1,6-glucan, mannan and glycogen precipitates are amorphous. Branched β-1,3-glucan forms a fibrillar plus amorphous ultrastructure. Self-assembly among combinations of different linear and branched cell-wall polysaccharides results in an ultrastructure that resembles that of a yeast cell wall, which suggests that self-assembly of polysaccharides may participate in the development of the three-dimensional architecture of the yeast cell wall.
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  • 56
    Publication Date: 2013-06-08
    Description: This article critically evaluates experiments used to justify inferences of specific source attribution (‘individualization’) to ‘100% certainty’ and ‘near-zero’ rates of error claimed by firearm toolmark examiners in court testimonies, and suggests approaches for establishing statistical foundations for firearm toolmarks practice that two recent National Academy of Science reports confirm do not currently exist. Issues that should be considered in the earliest stages of statistical foundational development for firearm toolmarks are discussed.
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  • 57
    Publication Date: 2013-06-08
    Description: Much debate exists between Frequentist and Bayesian methods in statistics. In the evaluation of evidence, the likelihood ratio is credited with quantifying the value of evidence in favour of one or other proposition by considering the probability of the evidence conditional on each proposition and this then converts the Bayesian prior odds into the posterior odds. Motivated by this approach, this paper considers an alternative p -value-based likelihood ratio by explicitly taking into account the behaviour of the Frequentist p -value under both hypotheses, rather than restricting focus solely on the null hypothesis. It is shown that by accommodating the alternative hypothesis, analysis leads to inferential conclusions which are consistent with Bayesian methods.
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  • 58
    Publication Date: 2013-06-12
    Description: When considering drug delivery, the amount of drug that can be carried at a particular time and how the drug is incorporated efficiently into cells are important parameters. Transferrin (Tf)-conjugated nanocarriers have been used for the targeted delivery of drugs to cancer cells due to the availability of receptor-mediated clathrin-dependent endocytosis. In general, however, endocytosis seems to differ according to the size and shape of carriers. Large substances are generally internalized into cells by phagocytosis. We studied the internalization mechanism of Tf-conjugated nanoparticles (diameter, 522 nm). Tf-conjugated polystyrene particles were incorporated into cells by receptor-mediated endocytosis with large clathrin-coated vesicles even though their diameter was 〉500 nm and despite that fact that clathrin-coated vesicles have a diameter of 100 nm. This finding suggests that signals for internalization generated by stimulated Tf receptors (TfRs) activate clathrin-mediated endocytosis preferentially. Whether these larger particles could deliver drugs more efficiently than smaller particles was then examined. The toxicity of larger Tf-conjugated biodegradable nanoparticles (poly(lactic-co-glycolic acid)) encapsulating doxorubicin (diameter, 216 ± 38 nm) was appreciably dependent on the number of Tf molecules conjugated on a particle and the number of TfRs expressed on the cell membrane. Larger Tf-conjugated particles delivered drugs to cancer cells expressing many TfRs more selectively than their smaller counterparts (diameter, 56 ± 9 nm) if they were decorated with an appropriate number of Tf molecules.
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  • 59
    Publication Date: 2013-06-12
    Description: Structural biology relies on good-quality protein crystals in order for structure determination. Many factors affect the growth process of a protein crystal including the way it nucleates and the types of damage and contamination during its growth. Although the nucleation process and quality of a crystal is vital to structure determination, they are both under-studied areas of research. Our research begins to explore ways of measuring the quality of protein crystals, using TEM, thus overcoming the problems associated with viewing wet specimens in a vacuum. Our current understanding of nucleation is that it is a two-step mechanism involving the formation of nuclei from dense liquid clusters; however; it is still unclear whether nuclei first start as amorphous aggregates or as crystalline lattices. Potentially, electron diffraction may be capable of uncovering this process. Using TEM imaging and diffraction of lysozyme as a model protein crystal, we report the internal two-dimensional strain and the density of crystallites in a protein crystal, at a resolution never seen before. The TEM diffraction shows unique features of crystal mosaicity that can be directly correlated to TEM images.
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  • 60
    Publication Date: 2013-06-08
    Description: This essay explores the implications of complexity for understanding both the law of evidence and the nature of the legal system. Among the propositions critically analysed is that one significant way to understand the general problem of the meaning of rationality is as a multivariate search for tools to understand and regulate a hostile environment. The law of evidence is conceptualized as a subset of this effort, at least in part, as involving a search for tools to regulate the almost infinitely complex domain of potentially relevant evidence and at the same time to accommodate policy demands. The proposition is then considered that the legal system of which the evidentiary system is a part has emergent properties that may not be deducible from its component parts, which suggests in turn that it may be, or at least has properties highly analogous to, a complex adaptive system. One implication of this analysis is that the tools of standard academic research that rely heavily on the isolation and reduction of analytical problems to manageable units to permit them to be subjected to standard deductive methodologies may need to be supplemented with analytical tools that facilitate the regulation of complex natural phenomena such as fluid dynamics. This has direct implications for such things as the conception of law as rules, and thus for the Hart–Dworkin debate that has dominated jurisprudence for 50 years. That debate may have mischaracterized the object of its inquiry, and thus the Dworkinian solution to the difficulties of positivism is inapplicable. It can certainly be shown that the Dworkinian solution is not achievable and cannot rationally be approximated. Solutions to legal problems within the legal system as a whole (as compared to any particular node within the legal system) are arrived at through a process of inference to the best explanation that occurs within a highly interconnected set of nodes similar to a neural or social network.
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  • 61
    Publication Date: 2013-06-12
    Description: The cotyledon of legume seeds is a storage organ that provides nutrients for seed germination and seedling growth. The spatial and temporal control of the degradation processes within cotyledons has not been elucidated. Calcium oxalate (CaOx) crystals, a common calcium deposit in plants, have often been reported to be present in legume seeds. In this study, micro-computed tomography (micro-CT) was employed at the SPring-8 facility to examine the three-dimensional distribution of crystals inside cotyledons during seed maturation and germination of Lotus miyakojimae (previously Lotus japonicus accession Miyakojima MG-20). Using this technique, we could detect the outline of the embryo, void spaces in seeds and the cotyledon venation pattern. We found several sites that strongly inhibited X-ray transmission within the cotyledons. Light and polarizing microscopy confirmed that these areas corresponded to CaOx crystals. Three-dimensional observations of dry seeds indicated that the CaOx crystals in the L. miyakojimae cotyledons were distributed along lateral veins; however, their distribution was limited to the abaxial side of the procambium. The CaOx crystals appeared at stage II (seed-filling stage) of seed development, and their number increased in dry seeds. The number of crystals in cotyledons was high during germination, suggesting that CaOx crystals are not degraded for their calcium supply. Evidence for the conservation of CaOx crystals in cotyledons during the L. miyakojimae germination process was also supported by the biochemical measurement of oxalic acid levels.
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  • 62
    Publication Date: 2013-06-12
    Description: The electron irradiation damage of MFI-type zeolite was estimated under various accelerating voltages of 100, 200 and 300 kV from successively captured high-resolution transmission electron microscopy (HRTEM) images. To determine the optimal accelerating voltage for HRTEM imaging of electron-sensitive MFI zeolite, the critical dose was estimated from the disappearance of a specific fast Fourier transform spot calculated from experimental images. Based only on the electron dose, a higher voltage was more advantageous. However, taking into account the minimum dose for imaging with a CCD camera, the optimal accelerating voltage for imaging MFI zeolite was 200 kV. The minimum dose for image detection with a CCD camera was surmised from the output/input signal ratio dependence on the accelerating voltage and the contrast range in simulated HRTEM images.
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  • 63
    Publication Date: 2013-06-12
    Description: The magnetic field generated by a magnetic recording head is evaluated using electron holography. A magnetic recording head, which is connected to an electric current source, is set on the specimen holder of a transmission electron microscope. Reconstructed phase images of the region around the magnetic pole show the change in the magnetic field distribution corresponding to the electric current applied to the coil of the head. A simulation of the magnetic field, which is conducted using the finite element method, reveals good agreement with the experimental observations.
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  • 64
    Publication Date: 2013-06-12
    Description: A new multilayer-coated varied line-spaced grating, JS4000, was fabricated and tested for extending the upper limit of a grating X-ray spectrometer for electron microscopy. This grating was designed for 2–3.8 keV at a grazing incidence angle of 1.35°. It was revealed that this new multilayer structure enables us to take soft-X-ray emission spectra continuously from 1.5 to 4.3 keV at the same optical setting. The full-width at half maximum of Te-L α1,2 (3.8 keV) emission peak was 27 eV. This spectrometer was applied to indium tin oxide particles and clearly resolved Sn-L α (3444 eV) and In-L β1 (3487 eV) peaks, which could not be resolved by a widely used energy-dispersive X-ray spectrometer.
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  • 65
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2013-04-02
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  • 66
    Publication Date: 2013-04-02
    Description: For development of advanced materials, characterization using a scanning transmission electron microscope (STEM) including analysis via X-ray energy-dispersive spectrometry and electron energy-loss spectrometry is essential. Recent advances in aberration-corrected instruments have offered large-scale data acquisition at a high resolution for limited acquisition times both in imaging and in analysis. Further advanced procedures are required to analyze such large-scale datasets more efficiently including quantification. In addition, more simplified tuning procedures are crucial to the best possible resolution in the latest aberration-corrected instruments. In this review article, several approaches to perform advanced electron microscopy, which the author has been developing with his colleague, are described as ‘Microscopy Hacks’. These are (i) quantification and elemental/chemical-imaging procedures, (ii) advanced statistical approaches to handle large-scale datasets and (iii) instrument characterization and tuning procedures including the latest development of an ad hoc autotuning procedure for aberration-corrected STEM imaging.
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  • 67
    Publication Date: 2013-04-02
    Description: The crystal structure of a new type of molybdenum oxide crystal encapsulated in a single-walled carbon nanotube (CNT) was examined via diffraction and spectroscopic techniques using both X-rays and electron beams. This new type of molybdenum oxide crystal has a chemical bonding state of MoO 3 , as confirmed by X-ray absorption spectroscopy, and the MoO 3 units exhibit axial symmetry, as clarified by electron diffraction from bundled and individual CNTs encapsulating the crystal. To obtain three-dimensional information on the structure, a cross-sectional sample was prepared using a conventional dimple and ion-mill method. High-resolution transmission electron microscopy images exhibit ring-like shapes that originated from the arrangement of the MoO 3 units inside the CNTs, as observed along the tube axis. The units are spaced 0.36 nm from each other in a ring arrangement and the distance between each ring is 0.391 nm.
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  • 68
    Publication Date: 2013-04-02
    Description: This review summarizes the recent advances in three-dimensional (3D) imaging techniques and their application to polymer nanostructures, for example, microphase-separated structures of block copolymers. We place particular emphasis on the method of transmission electron microtomography (electron tomography for short; hereafter abbreviated as ET). As a result of recent developments in ET, truly quantitative 3D images of polymer nanostructures can now be obtained with subnanometer resolution. The introduction of scanning optics in ET has made it possible to obtain large amounts of 3D data from micrometer-thick polymer specimens by using conventional electron microscopes at a relatively low accelerating voltage, 200 kV. Thus, ET covers structures over a wide range of thicknesses, from a few nanometers to several hundred nanometers, which corresponds to quite an important spatial range for hierarchical polymer nanostructures. ET provides clear 3D images and a wide range of new structural information that cannot be obtained using other methods. Information traditionally derived from conventional microscopy or scattering methods can be directly acquired from 3D volume data. ET is a versatile technique that is not restricted to only polymer applications; it can also be used as a powerful characterization tool in energy applications such as fuel cells.
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  • 69
    Publication Date: 2013-04-02
    Description: The performances of a newly developed 80–200 kV cold field emission gun (CFEG) transmission electron microscope (TEM) integrating a spherical aberration corrector for a TEM image-forming lens have been evaluated. To begin, we show that the stability of both emission and probe currents makes use of this new CFEG much friendlier. The energy spread of electrons emitted from the CFEG has been measured as a function of emission current and shows a very last 0.26 eV energy resolution at 200 kV and even 0.23 eV at 80 kV. The combination of the CFEG and the CEOS™ aberration corrector, associated with enhanced mechanical and electrical stabilities of this new microscope, allows reaching an information transfer below 75 pm at 200 and 80 pm at 80 kV. This unseen resolution at 200 kV has allowed us to study the structure of CoPt nanoparticles by observing direct images of their atomic arrangement along the high indexes zone axis. We have evidenced the presence of defects in these nanostructures that are not parallel to the electron beam. The precise stoichiometry of two iron oxides, FeO and Fe 2 O 3 , has been determined from an analysis of iron valence state that was obtained from a direct analysis of EELS fine structures spectrum of the two oxides.
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  • 70
    Publication Date: 2013-04-02
    Description: Data mining from noisy data/images is one of the most important themes in modern science and technology. Statistical image processing is a promising technique for analysing such data. Automation of particle pickup from noisy electron micrographs is essential, especially when improvement of the resolution of single particle analysis requires a huge number of particle images. For such a purpose, reference-based matching using primary three-dimensional (3D) model projections is mainly adopted. In the matching, however, the highest peaks of the correlation may not accurately indicate particles when the image is very noisy. In contrast, the density and the heights of the peaks should reflect the probability distribution of the particles. To statistically determine the particle positions from the peak distributions, we have developed a density-based peak search followed by a peak selection based on average peak height, using multi-reference alignment (MRA). Its extension, using multi-reference multiple alignment (MRMA), was found to enable particle pickup at higher accuracy even from extremely noisy images with a signal-to-noise ratio of 0.001. We refer to these new methods as stochastic pickup with MRA (MRA-StoPICK) or with MRMA (MRMA-StoPICK). MRMA-StoPICK has a higher pickup accuracy and furthermore, is almost independent of parameter settings. They were successfully applied to cryo-electron micrographs of Rice dwarf virus. Because current computational resources and parallel data processing environments allow somewhat CPU-intensive MRA-StoPICK and MRMA-StoPICK to be performed in a short period, these methods are expected to allow high-resolution analysis of the 3D structure of particles.
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  • 71
    Publication Date: 2013-04-02
    Description: The sensory nerve endings of the rat tongue, cheek and palate were studied using immunohistochemical staining and transmission electron microscopy analysis. The specimens were fixed in modified Karnovsky solution and embedded in Spurr resin. Substance P, calcitonin gene-related peptide (CGRP)- and protein gene product 9.5 (PGP b9.5)-containing nerve fibers in the rat tongue, cheek and palate were examined by electronic microscopical analysis and immunohistochemical localization. These fibers run very close to the basal lamina of the epithelium and extend into the filliform and fungiform papillae. Numerous plexiform fibers immunoreactive for substance P, CGRP and PGP 9.5 were found in the connective tissue of mucosa. Electron microscopic observations showed clearly immunostained nerve fibers, which are located very close to the basal lamina of epithelial cells. Some electron-dense granules may be observed in the axoplasms of both substance P and CGRP immunoreactive fibers. Several lamellar corpuscles into the subepithelial connective tissue papillae, Merkel corpuscles and numerous thin unmyelinated and myelinated axons were observed. The terminal axons revealed numerous mitochondria, neurofilaments, microtubules and clear vesicles in the base of axoplasmic protrusions. The lamellar cells showed caveolae and interlamelar spaces filled by amorphous substance. Between the lamellar cells and axoplasmic membrane, and in the adjacent lamellae region, desmosome-type junctions were observed. The quantitative and morphometric analysis showed nerve endings with an average area of 4.83 ± 3.4 μm 2 and 19.4 internal mitochondria in this site and the organized corpuscles with an average area of 79.24 ± 27.24 μm 2 and 24.23 internal mitochondria in this place. All the structures observed are involved in the transmission of pain and mechanoreceptors stimulus of these oral mucosae.
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  • 72
    Publication Date: 2013-04-02
    Description: The F-actin cytoskeleton of Cryptococcus neoformans is known to comprise actin cables, cortical patches and cytokinetic ring. Here, we describe a new F-actin structure in fungi, a perinuclear F-actin collar ring around the cell nucleus, by fluorescent microscopic imaging of rhodamine phalloidin-stained F-actin. Perinuclear F-actin rings form in Cryptococcus neoformans treated with the microtubule inhibitor Nocodazole or with the drug solvent dimethyl sulfoxide (DMSO) or grown in yeast extract peptone dextrose (YEPD) medium, but they are absent in cells treated with Latrunculin A. Perinuclear F-actin rings may function as ‘funicular cabin’ for the cell nucleus, and actin cables as intracellular ‘funicular’ suspending nucleus in the central position in the cell and moving nucleus along the polarity axis along actin cables.
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  • 73
    Publication Date: 2013-04-02
    Description: To evaluate the advantages of combination of two advanced electron microscopic technologies such as serial block-face scanning electron microscopy and double-axis electron beam tomography, we analyzed the three-dimensional morphology of cellular relationships between dendritic and plasma cells in the synovial membrane from patients with rheumatoid arthritis, using the combined approach.
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  • 74
    Publication Date: 2013-04-02
    Description: The low-energy Ar-ion milling method was used to prepare ultrathin specimens for transmission electron microscope observation. The samples were thinned initially by a usual focused ion beam technique or typical Ar-ion milling with a high energy of 2–10 keV and were thinned additionally by an Ar-ion beam with an energy less than 1 keV, typically 500–900 eV. This low-energy ion beam was scanned over the specimen, and secondary electrons induced by the ion beam could be detected to form secondary electron images with a resolution of a few micrometre. Because a desired area can be selected and thinned by the low-energy ion beam, redeposition or cross contamination from irradiation of a metal grid that supports the sample can be prevented. It was shown that the low-energy Ar-ion beam thins a surface amorphous damage layer preferentially and effectively rather than a crystal specimen. Images from ultrathin specimens of two different materials revealed a detailed structure.
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  • 75
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    Unknown
    Oxford University Press
    Publication Date: 2013-04-02
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  • 76
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2013-04-02
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  • 77
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2013-09-12
    Print ISSN: 1470-8396
    Electronic ISSN: 1470-840X
    Topics: Mathematics , Law
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  • 78
    Publication Date: 2013-09-12
    Description: Causation as an element of a criminal offence is different from the probative difficulties. The empirical laws that are relevant to the proof of causation, as a pure matter of fact, are not discussed here, but only causality as a category of our understanding and a general law of the intelligible world. This general law of causality is equally valid for all result crimes (e.g. homicide, bodily harm, deception offences and criminal damage). According to the European continental theory of conditions, any ‘conditio sine qua non’ is by itself a cause. Causation is established by the formula of ‘conditio’ (similar to the so-called ‘but for’ test in the common law), which corresponds to a counterfactual reasoning. However, that formula is not able to resolve adequately those cases of causal overdetermination where the result occurred by means of actions of multiple, independently intervening agents. A semantic model of the world evolution, based upon ramified temporal logic, may assist the comprehension of causal connections between human actions and the relevant results. At the end of the day, this model allows us to understand that even in situations where no kind of factual uncertainty is present, doubts upon the attribution of causation to specific agents remain. We shall conclude that the attribution of causation is not a natural problem, but a logico-legal one, that has to be dealt with by way of logico-legal criteria. Nevertheless, attribution of causation must be clearly distinguished from objective imputation of proscribed harm.
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  • 79
    Publication Date: 2014-11-07
    Description: Over the course of the past few decades, there has been an exponential growth in environmental courts and tribunals (ECTs). At present, over 350 of these specialized fora for resolving environmental disputes exist, spanning across every region throughout the world. Some of the ECTs have been more successful but others have been less successful. This article identifies 12 characteristics that experience suggests are required for an environmental court or tribunal to operate successfully in practice, drawing upon examples from multiple jurisdictions. In identifying best practices, both substantive and procedural, from existing ECTs, this article will assist two groups: first, stakeholders who are in the process of planning or creating environmental courts or tribunals in their jurisdictions and, secondly, stakeholders and countries that are looking to improve the functioning and performance of their own ECTs.
    Print ISSN: 0952-8873
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    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law
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  • 80
    Publication Date: 2014-11-07
    Description: Legal education plays an important but under-acknowledged role in anthropogenic environmental change because it shapes and qualifies people to become lawyers, judges and policy makers. Their work can prohibit and legitimate particular environmental practices. The conceptual framework of law, its taxonomy, as taught to students of law, often perpetuates an unsustainable relationship to the environment where it separates questions of entitlement to land and natural resources from questions of responsibility for them. The implication of perpetuating this separation in law curricula is that generations of legal practitioners will remain unlikely to develop a coherent system of environmental law that aligns rights with responsibilities. Environmental education scholar David Orr argues that ‘all education is environmental education’. But legal education often excludes environmental considerations even where these are materially relevant. Given the role of legal education in shaping future law, this article contends that rethinking its categories opens the possibility to create sustainable land use practice laws and policy.
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  • 81
    Publication Date: 2014-11-07
    Description: This article utilises the concept of interdisciplinarity as a background against which to reflect on the nature of environmental law scholarship. The article argues that, while interdisciplinary scholarship has some tangible benefits in terms of expanding the perimeters of a discipline, the effects of interdisciplinary work are often exaggerated. In fact, interdisciplinary scholarship may have the unintended consequence of entrenching academic disciplines even further. In light of this, it is argued that environmental law scholarship is best perceived and defined as a deliberative practice which takes place within, and speaks to, a specific community of scholars—an interpretive community. In order to secure a vibrant discipline, the article argues that the community ought to maintain a flexible, open-ended and broadly defined approach to environmental law scholarship.
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  • 82
    Publication Date: 2014-11-07
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  • 83
    Publication Date: 2014-11-07
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  • 84
    Publication Date: 2014-11-07
    Description: European Union (EU) legal studies generally picture the Member States’ local and regional authorities as implementers of national and supranational norms rather than independent regulators. Yet, sub-national authorities (SNAs) have become active regulators in the context of climate change mitigation and adaptation, a role not foreseen by EU primary law, which this article understands to constitute the surface of EU law. This article examines regulatory activity of SNAs from the perspective of EU law. It illustrates that sub-national, national, supranational and international actors are engaged in a process of mutual learning and experimentation and that, below its surface, EU law recognises that SNAs are not mere implementers of norms but also independent regulators.
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  • 85
    Publication Date: 2014-11-07
    Description: This article presents a fresh analysis of the implications of the 2006 judgment of the Court of Justice of the European Union (CJEU) in Case C-244/05 Bund Naturschutz in Bayern , which clarified the standard of legal protection afforded to sites eligible for adoption as Sites of Community Importance (SCIs) under the EU’s Habitats Directive. The article argues that, as a result of this line of case law, it will be unlawful ( at least in certain cases, and perhaps in all) to apply the Article 6(4) Habitats Directive derogation in respect of eligible sites which have not yet been adopted by the European Commission as SCIs. The Commission appears to have been aware of this potential implication, and acted swiftly to minimise the potentially disruptive impact of the judgment on plans and projects within the EU. The article also considers the relevance of the CJEU’s Sweetman judgment ( C-258/11 ) to the Bund Naturschutz in Bayern line of jurisprudence.
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  • 86
    Publication Date: 2014-11-07
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  • 87
    Publication Date: 2014-11-07
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  • 88
    Publication Date: 2014-11-07
    Description: What does the specialised nature of an environment court entitle it to do? The recent decision of the New Zealand Supreme Court in Environmental Defence Society Incorporated v Marlborough District Council (‘the King Salmon case’)[2014] NZSC 38 helps to answer this question. For the past 20 years, the New Zealand Environment Court has decided applications within a framework of the broadly defined statutory purpose of sustainable resource management. The King Salmon case narrows this wide discretion. This article analyses the implications of the decision, suggesting that it helps to delineate between functions of specialist environment courts that may be considered appropriate (adjudicative and legislative fact finding) and decision-making that strays too far into the policy-sphere.
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  • 89
    Publication Date: 2014-11-07
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  • 90
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2014-11-07
    Description: This article compares the protection from unnecessary suffering afforded to wild animals with that afforded to domesticated animals and animals under human control. It considers various forms of species-specific biodiversity- and conservation-based protection for wild animals, under legislation such as the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2010, as well as the general protection from intentionally inflicted unnecessary suffering afforded to wild mammals under the Wild Mammals (Protection) Act 1996. The article then compares the standard of protection afforded to wild animals with that afforded to non-wild animals under section 4 of the Animal Welfare Act 2006, which criminalises unnecessary suffering unreasonably caused to non-wild animals.
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  • 91
    facet.materialart.
    Unknown
    Oxford University Press
    Publication Date: 2015-04-03
    Print ISSN: 0022-0744
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  • 92
    Publication Date: 2015-04-03
    Description: Ptychographic iterative engine (PIE), a form of coherent diffractive imaging in which the phase of both low-angle and high-angle diffraction data is used to form an image without a lens, can in principle deliver wavelength-limited resolution. Working at low accelerating voltages (30 keV) reduces specimen knock-on damage, increases high-resolution contrast and allows a scanning electron microscope to be used as a transmission electron microscopy. However, electrons are very strongly scattered at low energy. To that end, the effect of dynamical scattering on PIE at low accelerating voltages is calculated to illustrate the possibility of generating high-resolution images with low energy electrons.
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  • 93
    Publication Date: 2015-04-14
    Description: Sellers and buyers of political risk insurance (PRI) ask a simple question about a claimed indirect expropriation: ‘Is it covered by the PRI policy?’ The answer is far from simple. This article investigates only one PRI coverage—compensation for indirect expropriatory conduct. Numerous definitional issues and uncertainties exist. Investors in energy projects and PRI insurance providers will therefore both benefit from direct and clear discussions about the scope of indirect expropriation cover under a PRI policy before the policy is purchased.
    Print ISSN: 1754-9957
    Electronic ISSN: 1754-9965
    Topics: Energy, Environment Protection, Nuclear Power Engineering , Law , Economics
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  • 94
    Publication Date: 2015-04-14
    Description: A number of recent governmental actions have impacted energy companies' abilities to perform under contracts relating to the extraction and export of natural resources in countries such as Russia, Iraq, and Libya. What steps can a company take to protect itself when relations between oil-rich countries and the West deteriorate? Should a company continue performing under its contract at the risk of violating economic sanctions or should it refrain from performing and risk contractual liability? While tempting to assume that the relevant contract's force majeure provision will provide sufficient protection, force majeure is not a magic talisman that can always be invoked to avoid contractual obligations that have become too difficult to perform. This article analyzes relevant case law and model clauses published by the Association of International Petroleum Negotiators and the International Chamber of Commerce to provide practical guidance on force majeure situations resulting from government action and civil unrest.
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  • 95
    Publication Date: 2016-03-30
    Description: When the Master Deed was conceived one of its core objectives was to expedite and simplify the United Kingdom Continental Shelf (UKCS) asset transfer regime. Although the Master Deed has had some successes since its introduction in 2003, its effectiveness in reducing the time and cost of asset transfers in the UKCS has been hindered by an inconsistent application of legal principles and the overtly adversarial legal and commercial culture that prevails in the UKCS. The UKCS’s viability to continue as a profitable producing basin is currently under threat as margins are squeezed by high producing costs and low commodity prices. During such times of increased financial pressure, it is imperative that regulators react to these challenges by developing and nurturing a regulatory environment that reduces administrative obstacles associated with asset transfers encouraging greater liquidity and investment. This article argues that with the support of a proactive and collaborative regulator, which safeguards the consistent application of transfer provisions, discards outdated methodologies and fosters a more collaborative culture between UKCS participants, the UKCS transfer regime has the potential to be one of the most dynamic and user friendly regimes of its kind. Maximizing the effectiveness of the transfer regime will ensure that the UKCS remains a competitive environment to carry out oil and gas operations, elongating its producing life and increasing overall hydrocarbon recovery.
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  • 96
    Publication Date: 2016-03-31
    Description: The application of multispectral imaging to discriminate myelinated and demyelinated areas of neural tissue is herein presented. The method is applied through a custom-made, multispectral imaging monochromator, coupled to a commercially available microscope. In the present work, a series of spinal cord sections were analysed derived from mice with experimental autoimmune encephalomyelitis (EAE), an experimental model widely used to study multiple sclerosis (MS). The multispectral microscope allows imaging of local areas with loss of myelin without the need of tissue labelling. Imaging with the aforementioned method and system is compared in a parallel way with conventional methods (wide-field and confocal fluorescence microscopies). The diagnostic sensitivity of our method is 90.4% relative to the ‘gold standard’ method of immunofluorescence microscopy. The presented method offers a new platform for the possible future development of an in vivo , real-time, non-invasive, rapid imaging diagnostic tool of spinal cord myelin loss-derived pathologies.
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  • 97
    Publication Date: 2016-03-31
    Description: Advancement of microscopic technologies established significant progress in our understanding of the brain. In the recent effort to elucidate the complete wiring map of the brain circuitry termed ‘connectome’, the different modalities of imaging technology, including those of light and electron microscopy, have started providing essential contribution in multiple organisms. The contribution would be impossible without the recent innovation in both acquisition and analyses of the big connectomic data. The current data demonstrated complicated networks with unidirectional and reciprocal connections of the cerebral circuits at the macroscopic and light microscopic (‘mesoscopic’) levels, and the unimaginable complexity of synaptic connections between axons and dendrites at the electron microscopic (‘microscopic’) level. At the same time, the data highlighted the necessity to make substantial advancement in methodology of the connectomic studies, including efficient handling and automated analyses of the acquired dataset. Further understanding about structural and functional connectome seems to be facilitated by combinations of the different imaging modalities. Such multidisciplinary approaches will give us the clues to address whether the complete connectome can elucidate fundamental mechanisms processing the basic and higher functions of human brains.
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  • 98
    Publication Date: 2016-03-31
    Description: The occupation sites and the occupancies of trace dopants in La/Co co-doped Sr-M-type ferrite, SrFe 12 O 19 , were quantitatively and precisely determined by beam-rocking energy-dispersive X-ray spectroscopy (EDXS) on the basis of electron-channeling effects. Because the Co atoms, in particular, should be partially substituted for the five crystallographically inequivalent sites, which could be key parameters in improving the magneto-crystalline anisotropy, it is difficult yet intriguing to discover their occupation sites and occupancies without using the methods of large-scale facilities, such as neutron diffraction and synchrotron radiation. In the present study, we tackled this problem by applying an extended statistical atom location by channeling enhanced microanalysis method, using conventional transmission electron microscopy, EDXS and dynamical electron elastic/inelastic scattering theories. The results show that the key occupation sites of Co were the 2a, 4f 1 and 12k sites. The quantified occupancies of Co were consistent with those of the previous study, which involved a combination of neutron diffraction and extended X-ray absorption fine structure analysis, as well as energetics considerations based on by first-principles calculations.
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  • 99
    Publication Date: 2016-03-31
    Description: Needle-shaped precipitates in an aged Al–0.62Mg–0.93Si (mass%) alloy were identified using a compositional threshold method, an isoconcentration surface, in atom probe tomography (APT). The influence of thresholds on the morphological and compositional characteristics of the precipitates was investigated. Utilizing optimum parameters for the concentration space, a reliable number density of the precipitates is obtained without dependence on the elemental concentration threshold in comparison with evaluation by transmission electron microscopy (TEM). It is suggested that careful selection of the concentration space in APT can lead to a reasonable average Mg/Si ratio for the precipitates. It was found that the maximum length and maximum diameter of the precipitates are affected by the elemental concentration threshold. Adjustment of the concentration threshold gives better agreement with the precipitate dimensions measured by TEM.
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  • 100
    Publication Date: 2016-03-31
    Description: Acetazolamide (AZA) reduces the water permeability of aquaporin-4, the predominant water channel in the brain. We determined the structure of aquaporin-4 in the presence of AZA using electron crystallography. Most of the features of the 5-Å density map were consistent with those of the previously determined atomic model. The map showed a protruding density from near the extracellular pore entrance, which most likely represents the bound AZA. Molecular docking simulations supported the location of the protrusion as the likely AZA-binding site. These findings suggest that AZA reduces water conduction by obstructing the pathway at the extracellular entrance without inducing a large conformational change in the protein.
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