Free Will to Will? A Case for the Recognition of Intestacy Rights for Survivors to a Same-Sex Marriage or Civil Union?

This Note argues that courts should recognize intestacy rights for same sex couples that were validly married or civilly united in a state other than the one in which one of the partners died. Courts may validly recognize the marriage for intestacy purposes, even while refusing to recognize the marriage as against public policy. Part I details the recent provision of benefits in various states to same-sex couples. Part II argues that same-sex couples cannot necessarily rely on wills to effectuate their intent to leave their property to their spouses. Part III argues that when states refuse to recognize the marriages or civil unions of same-sex couples as being against the public policy of the state, they erroneously reject same-sex intestacy rights, creating a gap in the protection afforded to same-sex couples and defeating their likely intent. Part IV provides examples from case law permitting states to recognize intestacy rights--despite a general refusal to recognize the marriage-for surviving spouses of couples whose marriage violated the state\u27s public policy. Part V concludes that courts should limit this recognition of intestacy rights to same-sex couples who are validly married, or participated in a civil union or commitment ceremony, in order to avoid fraud and unnecessary litigation

Free Will to Will? A Case for the Recognition of Intestacy Rights for Survivors to a Same-Sex Marriage or Civil Union?

This Note argues that courts should recognize intestacy rights for same sex couples that were validly married or civilly united in a state other than the one in which one of the partners died. Courts may validly recognize the marriage for intestacy purposes, even while refusing to recognize the marriage as against public policy. Part I details the recent provision of benefits in various states to same-sex couples. Part II argues that same-sex couples cannot necessarily rely on wills to effectuate their intent to leave their property to their spouses. Part III argues that when states refuse to recognize the marriages or civil unions of same-sex couples as being against the public policy of the state, they erroneously reject same-sex intestacy rights, creating a gap in the protection afforded to same-sex couples and defeating their likely intent. Part IV provides examples from case law permitting states to recognize intestacy rights--despite a general refusal to recognize the marriage-for surviving spouses of couples whose marriage violated the state\u27s public policy. Part V concludes that courts should limit this recognition of intestacy rights to same-sex couples who are validly married, or participated in a civil union or commitment ceremony, in order to avoid fraud and unnecessary litigation

Summertime elemental mercury exchange of temperate grasslands on an ecosystem-scale

In order to estimate the air-surface mercury exchange of grasslands in temperate climate regions, fluxes of gaseous elemental mercury (GEM) were measured at two sites in Switzerland and one in Austria during summer 2006. Two classic micrometeorological methods (aerodynamic and modified Bowen ratio) have been applied to estimate net GEM exchange rates and to determine the response of the GEM flux to changes in environmental conditions (e. g. heavy rain, summer ozone) on an ecosystem-scale. Both methods proved to be appropriate to estimate fluxes on time scales of a few hours and longer. Average dry deposition rates up to 4.3 ng m(-2) h(-1) and mean deposition velocities up to 0.10 cm s(-1) were measured, which indicates that during the active vegetation period temperate grasslands are a small net sink for atmospheric mercury. With increasing ozone concentrations depletion of GEM was observed, but could not be quantified from the flux signal. Night-time deposition fluxes of GEM were measured and seem to be the result of mercury co-deposition with condensing water. Effects of grass cuts could also be observed, but were of minor magnitude

Leaf area controls on energy partitioning of a mountain grassland

International audienceUsing a six year data set of eddy covariance flux measurements of sensible and latent heat, soil heat flux, net radiation, above-ground phytomass and meteorological driving forces energy partitioning was investigated at a temperate mountain grassland managed as a hay meadow in the Stubai Valley (Austria). The main findings of the study were: i) Energy partitioning was dominated by latent heat, followed by sensible heat and the soil heat flux; ii) When compared to standard environmental forcings, the amount of green plant matter, which due to three cuts varied considerably during the vegetation period, explained similar, and partially larger, fractions of the variability in energy partitioning; ii) There were little, if any, indications of water stress effects on energy partitioning, despite reductions in soil water availability in combination with high evaporative demand, e.g. during the summer drought of 2003

Estimating carbon dioxide fluxes from temperate mountain grasslands using broad-band vegetation indices

The broad-band normalised difference vegetation index (NDVI) and the simple ratio (SR) were calculated from measurements of reflectance of photosynthetically active and short-wave radiation at two temperate mountain grasslands in Austria and related to the net ecosystem CO<sub>2</sub> exchange (NEE) measured concurrently by means of the eddy covariance method. There was no significant statistical difference between the relationships of midday mean NEE with narrow- and broad-band NDVI and SR, measured during and calculated for that same time window, respectively. The skill of broad-band NDVI and SR in predicting CO<sub>2</sub> fluxes was higher for metrics dominated by gross photosynthesis and lowest for ecosystem respiration, with NEE in between. A method based on a simple light response model whose parameters were parameterised based on broad-band NDVI allowed to improve predictions of daily NEE and is suggested to hold promise for filling gaps in the NEE time series. Relationships of CO<sub>2</sub> flux metrics with broad-band NDVI and SR however generally differed between the two studied grassland sites indicting an influence of additional factors not yet accounted for

Leaf area controls on energy partitioning of a temperate mountain grassland

Using a six year data set of eddy covariance flux measurements of sensible and latent heat, soil heat flux, net radiation, above-ground phytomass and meteorological driving forces energy partitioning was investigated at a temperate mountain grassland managed as a hay meadow in the Stubai Valley (Austria). The main findings of the study were: (i) Energy partitioning was dominated by latent heat, followed by sensible heat and the soil heat flux; (ii) When compared to standard environmental forcings, the amount of green plant matter, which due to three cuts varied considerably during the vegetation period, explained similar, and partially larger, fractions of the variability in energy partitioning; (iii) There were little, if any, indications of water stress effects on energy partitioning, despite reductions in soil water availability in combination with high evaporative demand, e.g. during the summer drought of 2003

Hyperfine Structure of Thallium Chloride

The radio‐frequency spectra of TlCl at very weak electric and magnetic fields have been measured with a molecular beam electric resonance spectrometer. From these spectra the hyperfine interaction constants for the four isotopic species of the molecule were calculated. The constants for 205Tl35Cl in the J  =  2,υ  =  0J=2,υ=0 state are: eqQ  =  − 15793.32(50)kHz,cCl  =  1.38(10)kHz,cTl  =  76.35(10)kHz,c3  =  − 0.13(10)kHz,c4  =  − 1.54(10)kHz.eqQ=−15793.32(50)kHz,cCl=1.38(10)kHz,cTl=76.35(10)kHz,c3=−0.13(10)kHz,c4=−1.54(10)kHz. A test was made for the polarization of the chlorine nucleus in the electric field of the molecule by comparing the ratio of the quadrupole interaction constants for 205Tl35Cl and 205Tl37Cl to the ratio of the quadrupole interaction constants for the free chlorine atoms. The agreement of the two ratios is within their uncertainties, thus providing no evidence for a polarization effect. In addition, the dependence of the spin–rotation and spin–spin interaction constants on isotope was found to show good agreement with theory.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/69724/2/JCPSA6-50-5-2086-1.pd

On the variability of the leaf relative uptake rate of carbonyl sulfide compared to carbon dioxide: Insights from a paired field study with two soybean varieties

Carbonyl sulfide (COS) has been proposed as a promising tracer for the estimation of the gross primary productivity (GPP) from ecosystem to global scale in recent years. Despite substantial work at spatial scales from leaf to regions, the uncertainty of COS-based GPP estimates are poorly known compared to widely used GPP estimates derived from the net ecosystem CO2 exchange. One key uncertainty in this context is the leaf relative uptake (LRU) of the COS with respect to the GPP, which must be known a priori. To investigate the influence of environmental factors, like drought, on the variability of the LRU, we conducted an experiment using ecosystem flux measurements of COS, CO2 and H2O from two eddy covariance towers above a soybean field, growing a commercial cultivar and a chlorophyll deficient mutant variety, in two separate plots. Our findings suggest that the LRU does not only differ between plant varieties due to differences in the ratio of the internal to ambient CO2 mole fraction and the internal resistance to COS, but also changes in response to drought. We also found the internal resistance to COS uptake to be a significant factor in controlling the total COS flux for both varieties, but more so for the commercial cultivar. Our study indicates that species-specific differences in the LRU need to be investigated further, and that environmental stress might complicate the usage of COS as a tracer for predicting GPP at ecosystem and global scale

The COPE-Trial-Communicating prognosis to parents in the neonatal ICU: Optimistic vs. PEssimistic: study protocol for a randomized controlled crossover trial using two different scripted video vignettes to explore communication preferences of parents of preterm infants.

BACKGROUND One of the numerous challenges preterm birth poses for parents and physicians is prognostic disclosure. Prognoses are based on scientific evidence and medical experience. They are subject to individual assessment and will generally remain uncertain with regard to the individual. This can result in differences in prognostic framing and thus affect the recipients' perception. In neonatology, data on the effects of prognostic framing are scarce. In particular, it is unclear whether parents prefer a more optimistic or a more pessimistic prognostic framing. OBJECTIVE To explore parents' preferences concerning prognostic framing and its effects on parent-reported outcomes and experiences. To identify predictors (demographic, psychological) of parents' communication preferences. DESIGN, SETTING, PARTICIPANTS Unblinded, randomized controlled crossover trial (RCT) at the Division of Neonatology of the University Medical Center Mainz, Germany, including German-speaking parents or guardians of infants born preterm between 2010 and 2019 with a birth weight < 1500 g. Inclusion of up to 204 families is planned, with possible revision according to a blinded sample size reassessment. INTERVENTION Embedded in an online survey and in pre-specified order, participants will watch two video vignettes depicting a more optimistic vs. a more pessimistic framing in prognostic disclosure to parents of a preterm infant. Apart from prognostic framing, all other aspects of physician-parent communication are standardized in both videos. MAIN OUTCOMES AND MEASURES At baseline and after each video, participants complete a two-part online questionnaire (baseline and post-intervention). Primary outcome is the preference for either a more optimistic or a more pessimistic prognostic framing. Secondary outcomes include changes in state-anxiety (STAI-SKD), satisfaction with prognostic framing, evaluation of prognosis, future optimism and hope, preparedness for shared decision-making (each assessed using customized questions), and general impression (customized question), professionalism (adapted from GMC Patient Questionnaire) and compassion (Physician Compassion Questionnaire) of the consulting physician. DISCUSSION This RCT will explore parents' preferences concerning prognostic framing and its effects on physician-parent communication. Results may contribute to a better understanding of parental needs in prognostic disclosure and will be instrumental for a broad audience of clinicians, scientists, and ethicists. TRIAL REGISTRATION German Clinical Trials Register DRKS00024466 . Registered on April 16, 2021