Restraining the Exercise of Corporate Statutory Powers

Restraining the Exercise of Corporate Statutory Power

Intermediate to felsic middle crust in the accreted Talkeetna arc, the Alaska Peninsula and Kodiak Island, Alaska : an analogue for low-velocity middle crust in modern arcs

Author Posting. © American Geophysical Union, 2010. This article is posted here by permission of American Geophysical Union for personal use, not for redistribution. The definitive version was published in Tectonics 29 (2010): TC3001, doi:10.1029/2009TC002541.Seismic profiles of several modern arcs have identified thick, low-velocity midcrustal layers (Vp = 6.0–6.5 km/s) that are interpreted to represent intermediate to felsic plutonic crust. The presence of this silicic crust is surprising given the mafic composition of most primitive mantle melts and could have important implications for the chemical evolution and bulk composition of arcs. However, direct studies of the middle crust are limited by the restricted plutonic exposures in modern arcs. The accreted Talkeetna arc, south central Alaska, exposes a faulted crustal section from residual subarc mantle to subaerial volcanic rocks of a Jurassic intraoceanic arc and is an ideal place to study the intrusive middle crust. Previous research on the arc, which has provided insight into a range of arc processes, has principally focused on western exposures of the arc in the Chugach Mountains. We present new U-Pb zircon dates, radiogenic isotope data, and whole-rock geochemical analyses that provide the first high-precision data on large intermediate to felsic plutonic exposures on Kodiak Island and the Alaska Peninsula. A single chemical abrasion–thermal ionization mass spectrometry analysis from the Afognak pluton yielded an age of 212.87 ± 0.19 Ma, indicating that the plutonic exposures on Kodiak Island represent the earliest preserved record of Talkeetna arc magmatism. Nine new dates from the extensive Jurassic batholith on the Alaska Peninsula range from 183.5 to 164.1 Ma and require a northward shift in the Talkeetna arc magmatic axis following initial emplacement of the Kodiak plutons, paralleling the development of arc magmatism in the Chugach and Talkeetna mountains. Radiogenic isotope data from the Alaska Peninsula and the Kodiak archipelago range from $\varepsilon$Nd(t) = 5.2 to 9.0 and 87Sr/86Srint = 0.703515 to 0.703947 and are similar to age-corrected data from modern intraoceanic arcs, suggesting that the evolved Alaska Peninsula plutons formed by extensive differentiation of arc basalts with little or no involvement of preexisting crustal material. The whole-rock geochemical data and calculated seismic velocities suggest that the Alaska Peninsula represents an analogue for the low-velocity middle crust observed in modern arcs. The continuous temporal record and extensive exposure of intermediate to felsic plutonic rocks in the Talkeetna arc indicate that evolved magmas are generated by repetitive or steady state processes and play a fundamental role in the growth and evolution of intraoceanic arcs

Integrated Genomics Identifies Five Medulloblastoma Subtypes with Distinct Genetic Profiles, Pathway Signatures and Clinicopathological Features

BACKGROUND: Medulloblastoma is the most common malignant brain tumor in children. Despite recent improvements in cure rates, prediction of disease outcome remains a major challenge and survivors suffer from serious therapy-related side-effects. Recent data showed that patients with WNT-activated tumors have a favorable prognosis, suggesting that these patients could be treated less intensively, thereby reducing the side-effects. This illustrates the potential benefits of a robust classification of medulloblastoma patients and a detailed knowledge of associated biological mechanisms. METHODS AND FINDINGS: To get a better insight into the molecular biology of medulloblastoma we established mRNA expression profiles of 62 medulloblastomas and analyzed 52 of them also by comparative genomic hybridization (CGH) arrays. Five molecular subtypes were identified, characterized by WNT signaling (A; 9 cases), SHH signaling (B; 15 cases), expression of neuronal differentiation genes (C and D; 16 and 11 cases, respectively) or photoreceptor genes (D and E; both 11 cases). Mutations in beta-catenin were identified in all 9 type A tumors, but not in any other tumor. PTCH1 mutations were exclusively identified in type B tumors. CGH analysis identified several fully or partly subtype-specific chromosomal aberrations. Monosomy of chromosome 6 occurred only in type A tumors, loss of 9q mostly occurred in type B tumors, whereas chromosome 17 aberrations, most common in medulloblastoma, were strongly associated with type C or D tumors. Loss of the inactivated X-chromosome was highly specific for female cases of type C, D and E tumors. Gene expression levels faithfully reflected the chromosomal copy number changes. Clinicopathological features significantly different between the 5 subtypes included metastatic disease and age at diagnosis and histology. Metastatic disease at diagnosis was significantly associated with subtypes C and D and most strongly with subtype E. Patients below 3 yrs of age had type B, D, or E tumors. Type B included most desmoplastic cases. We validated and confirmed the molecular subtypes and their associated clinicopathological features with expression data from a second independent series of 46 medulloblastomas. CONCLUSIONS: The new medulloblastoma classification presented in this study will greatly enhance the understanding of this heterogeneous disease. It will enable a better selection and evaluation of patients in clinical trials, and it will support the development of new molecular targeted therapies. Ultimately, our results may lead to more individualized therapies with improved cure rates and a better quality of life

Explaining the Trust

Analyses the obligational and proprietary theories on the nature of the equitable interest held by a trust beneficiary, including the objections raised against each theory. Presents an account of the trust that conceives it as having two dimensions, a property and a contractual dimension, consisting of the rights and duties or liabilities generated by these two separate bodies of law operating in tandem. Discusses the implications of this theory

Unjust Enrichment and Contract

Benedetti v Sawiris was concerned with the measure of a quantum meruit, and in particular whether a ‘subjective’ or ‘objective’ measure should be preferred. The Supreme Court addressed the issue broadly in line with the approach in the mainstream academic literature on unjust enrichment, according to which this is a problem of how to measure benefit. The article argues that this unjust enrichment approach is misguided because it obscures the role of agreement and conflates transfer and exchange, and that a contractual analysis of the case would make the issues clearer and easier to resolve

Policy and principle and the character of private law

According to some commentators, there is a distinction, of fundamental importance for legal reasoning in the common law and for the general character of private law, between arguments of policy and arguments of principle. The distinction is particularly associated with Dworkin, but the same or a similar distinction is found in the corrective justice literature.[1] Roughly speaking, arguments of principle are understood to be concerned with interpersonal justice, or the protection of the rights or interests of individuals inter se, whereas arguments of policy are understood to be concerned with distributive or social justice, or justice in the distribution of benefits and harms across the society, or a particular aspect of this, namely the promotion of the public interest or the interest of a section of the public. Other commentators doubt whether there is any significance to this distinction in common law reasoning or in private law, or even whether such a distinction can be maintained at all.[2][1] RM Dworkin, Taking Rights Seriously (Duckworth 1977) 22–28, 90–100, 294-330. Jules Coleman, The Practice of Principle (OUP 2001) 13-24; Ernest J Weinrib, Corrective Justice (OUP 2012) ch 2 (discussing ‘two notions of policy’); Allan Beever, Rediscovering the Law of Negligence (Hart Publishing 2009) ch 1; Robert Stevens, Torts and Rights (OUP 2007) ch 14; AJE Jaffey, The Duty of Care (Dartmouth 1992) 13-21. See also William Lucy, The Philosophy of Private Law (Clarendon Law Series, OUP 2006); Darryn Jensen, ‘Theories, Principles, Policies and Common Law Adjudication’ (2011) 36 Australian Journal of Legal Philosophy 34; D Kyritsis, ‘Principles, Policies and the Power of Courts’ (2007) 20 Canadian Journal of Law and Jurisprudence 379; Ross Grantham & Darryn Jensen, ‘The proper role of policy in private law adjudication’ (2018) 68 University of Toronto Law Journal 187; Peter Cane, ‘Tort Law as Regulation’ (2002) 31 Common Law World Review 305; James Plunkett, ‘Principle and policy in private law reasoning’ (2016) 75 Cambridge Law Journal 366.[2] This is the implication of the standard approach to the economic analysis of law, considered below. See also, for example, Jane Stapleton, ‘The Golden Thread at the Heart of Tort Law: Protection of the Vulnerable’ (2003) 24 Australian Bar Review 135; Jane Stapleton, ‘Duty of Care Factors: a Selection from the Judicial Menus’, in Peter Cane & Jane Stapleton (eds), The Law of Obligations: Essays in Celebration of John Fleming (OUP 1998); Jane Stapleton, ‘Controlling the Future of the Common Law by Restatement’ in M Stuart Madden (ed), Exploring Tort Law (CUP 2005); S Waddams, Principle and Policy in Contract Law (CUP 2011); John Bell, Policy Arguments in Judicial Decisions (Clarendon Press 1983). See also, in the philosophical literature on Dworkin, N MacCormick, Legal Reasoning and Legal Theory (OUP 1978) 263; Andrei Marmor, Philosophy of Law (Princeton University Press 2011) 89-92; Kent Greenawalt, ‘Policy, Rights, and Judicial Process’ in M Cohen (ed), Ronald Dworkin and Contemporary Jurisprudence (Duckworth 1984); Brian Leiter, ‘The End of Empire: Dworkin and Jurisprudence in the 21st Century’ (2004) 36 Rutgers Law Journal 165.</div

Remedial consistency in private law

No description supplie

Remedial consistency and constructive trust claims

An express trust arises when a settlor transfers property to a recipient to hold as trustee, and the trustee agrees to act as such and becomes subject to a duty to look after and manage the property and distribute it to the beneficiaries on the terms stated by the settlor. A constructive trust arises when D receives property and holds it on trust for C, not because the property was transferred to D by a settlor intending to create an express trust in favour of C, but by operation of law in response to the circumstances, to avoid or undo what the law deems to be an injustice. By contrast with the position for an express trust, D has not agreed to act as trustee and has no management responsibilities with respect to the property, and the effect of the constructive trust is simply to give C a proprietary claim against D in respect of the property. I shall discuss three types of case where the availability of a proprietary claim, by way of a constructive trust, has been controversial: the constructive trust to recover a mistaken or unauthorised payment, the constructive trust of fiduciary profits, and the constructive trust of matrimonial or quasi-matrimonial property. My aim is not to offer a detailed analysis of the case law on these topics, or to deal with all types of constructive trust, or to address all the arguments in the very large literature,2 but more specifically to consider whether what I will refer to as the requirement of “remedial consistency” can show whether a proprietary claim should in principle be available in these cases, and provide guidance on how the law should be understood and developed

Private property and intangibles

No description supplie