Stratigraphic variations control deformation patterns in evaporite basins : Messinian examples, onshore and offshore Sicily (Italy)

Acknowledgements and Funding We are grateful to Ente Minerario Siciliano and Italkali for the provision of extensive subsurface data from Realmonte, Corvillo and Mandre areas. We thank F. Peel and an anonymous referee for comments. Seismic reflection data are available for inspection and interpretation at the Virtual Seismic Atlas (www. seismicatlas.org). R.M. acknowledges a MIUR Cofin-PRIN 2010–2011 grant.Peer reviewedPublisher PD

A Balanced Consideration of the Federal Circuit’s Choice-of-Law Rule

The Federal Circuit’s jurisdiction is unique. Unlike the jurisdiction of all other U.S. courts of appeals, the Federal Circuit’s jurisdiction is defined not by its geographical boundaries, but rather by the subject matter of the original claims and compulsory counterclaims. The court has appellate jurisdiction over final decisions from all U.S. district courts if a plaintiff’s claim or a party’s counterclaim arises under the patent laws. From this unusual jurisdictional grant, the Federal Circuit has concluded that, as a policy matter, it should apply and develop its own law only if the legal issue pertains to patent law. For all other legal issues, the Federal Circuit defers to the law of the court of appeals in which the case originated—i.e., it applies the procedural law and the non-patent substantive law of the regional circuits. This Article undertakes a thorough evaluation of the Federal Circuit’s choice-of-law rule. It examines how the rule compares against the congressional objectives reflected in the court’s enabling statute as well as against possible alternative rules. In addition, it considers how the court’s rule causes the court to depart from the trans-substantivity principle of procedural law and a related principle of equity in a nontransparent manner, and, in doing so, engage in substantive lawmaking that may be beyond the court’s authority. Finally, this Article contemplates solutions beyond a mere change in the court’s choice-of-law rule

The Passage of Community Property Laws, 1939-1947: Was More Than Money Involved?

Part I of this article reviews the legal landscape that provided the backdrop against which Michigan, Nebraska, Oklahoma, Oregon, and Pennsylvania later adopted community property laws. It also examines the tax consequences of the two Supreme Court cases, Lucas v. Earl and Poe v. Seaborn, that resulted in the disparate tax treatment of married couples in common law and community property law states. Part II briefly reviews the subsequent passage of community property laws by Michigan, Nebraska, Oklahoma, Oregon, and Pennsylvania; the passage of a federal tax reduction bill that provided for equal treatment of community property law and common law jurisdictions; and the subsequent history of those laws in each of the five states. The immediate repeal by Michigan, Nebraska, Oklahoma, and Oregon of their community property laws following passage of the Revenue Act of 1948 suggests that the passage of the community property laws was simply a tax saving measure. This is the belief of some reputable scholars. This article does not refute that such laws were passed, in part, to achieve tax savings; however, it does suggest that other social forces were at work, as well. Part III of this article suggests that legislatures were able to pass community property laws, in part, because they gave little in the way of rights to wives, but went far, symbolically, in building married women\u27s confidence that their household responsibilities were worth a portion of their husbands\u27 salaries. Such confidence was necessary if the pre-war social order, with women primarily in the home rather than the workforce, was going to be successfully reinstated after the war. This Part examines the social and cultural context in which a few states passed community property laws together with the legislative debate in Pennsylvania--the only state for which a substantive legislative history is available--over the passage of its community property law. Part IV concludes that although states passed community property laws, in part, for the tax benefits, more than money was involved

Fixing Litigating the Fix

Merging firms have increasingly been asking trial courts to adjudicate their merger “as remedied” by a voluntary “fix.” These are remedies that have been rejected by (or never proposed to) the agency. This procedure is known as Litigating-the-Fix” (“LTF”). This article proposes a judicial procedure for managing cases in which the merging parties attempt to LTF. Our recommendations flow from a decision theory approach informed by the relevant LTF case law, the merger enforcement record, the language and goals of Section 7, and an economic analysis of the incentives of the parties and agencies created by LTF. Our recommendation addresses four features of the procedure that we believe are most important to insure against consumer harm: (i) timing and notice of the parties’ remedy proposal, (ii) definitiveness of the proposal, (iii) evidentiary burdens placed on the parties, and (iv) certainty of execution and enforcement of the remedy. Our recommended procedure focuses on the effect of the merger as modified by the merging parties’ proposed remedy. But we recommend that the government be able to satisfy its prima facie evidentiary burden by showing that the transaction would satisfy the structural presumption if the buyer obtained all the assets of the seller. The defendant then can rebut this presumption, either by showing that concentration is improperly measured or with other evidence that competitive harm is unlikely. We also suggest several possible refinements to the procedure related to specific remedy proposals. We recommend that courts treat with a higher degree of skepticism proposed divestiture of only select assets and behavioral remedies. Promises to operate divisions within a vertically integrated firm as though the businesses are separate entities should only be accepted if they involve legal commitments and the firm’s compliance can be verified with confidence. Furthermore, we recommend that commitments regarding competition among divisions be excluded from consideration altogether because they are unenforceable, limitless and inconsistent with Copperweld, Trenton Potteries, and National Society of Professional Engineers

Within-generation and transgenerational social plasticity interact during rapid adaptive evolution

Funding: We are grateful for support from the Natural Environment Research Council to NWB (NE/L011255/1 and NE/T000619/1).The effects of within-generation plasticity vs. transgenerational plasticity on trait expression are poorly understood, but important for evaluating plasticity's evolutionary consequences. We tested how genetics, within-generation plasticity, and transgenerational plasticity jointly shape traits influencing rapid evolution in the field cricket Teleogryllus oceanicus. In Hawaiian populations attacked by acoustically orienting parasitoid flies, a protective, X-linked variant ("flatwing") eliminates male acoustic sexual signals. Silent males rapidly spread to fixation, dramatically changing the acoustic environment. First, we found evidence supporting flatwing-associated pleiotropy in juveniles: pure-breeding flatwing males and females exhibit greater locomotion than those with normal-wing genotypes. Second, within-generation plasticity caused homozygous-flatwing females developing in silence, which mimics all-flatwing populations, to attain lower adult body condition and reproductive investment than those experimentally exposed to song. Third, maternal song exposure caused transgenerational plasticity in offspring, affecting adult, but not juvenile, size, condition, and reproductive investment. This contrasted with behavioral traits, which were only influenced by within-generation plasticity. Fourth, we matched and mismatched maternal and offspring social environments and found that transgenerational plasticity sometimes interacted with within-generation plasticity and sometimes opposed it. Our findings stress the importance of evaluating plasticity of different traits and stages across generations when evaluating its fitness consequences and role in adaptation.Publisher PDFPeer reviewe

Transcending the body and mind dichotomy: The Neo-Functionalism approach applied to the lived experience of two transgender people during their gender affirmation journey

openLa persona transgender incarna ed esprime un’identità di genere che trascende le aspettative socioculturali sui generi tradizionalmente legate al sesso biologico. Vi sono forme di patologizzazione e medicalizzazione del fenomeno in riferimento ai procedimenti legali, alle prassi mediche e psicologiche dove ancora tende a persistere la dominanza di una visione binaria di genere. Si è inoltre esplorato come questi processi si basino su una visione dicotomica tra la dimensione materiale del corpo biologico e la dimensione soggettiva dell’identità di genere e del senso di sé che, oltretutto, si stipulano all’interno di una relazione inscindibile con il contesto socioculturale di appartenenza. Focalizzandoci sull’accompagnamento psicologico, prima dell’avvio di eventuali trattamenti ormonali e/o chirurgici, come tappa delicata e spesso dibattuta del percorso di Affermazione di Genere, si è andato a illustrare l’area di pensiero del Funzionalismo Moderno. La stessa ci ha permesso di offrire una prospettiva più fluida sul rapporto tra identità, corpo e genere, mirando ad annientare i confini tra corpo e mente e lavorando con la persona nella sua interezza. Nello specifico è stata implementata una metodologia di Analisi Tematica per rappresentare una lettura Neo-Funzionale dell’esperienza vissuta di due persone transgender (AMAB e AFAB) e le modalità attraverso cui entrambi, nella loro globalità esistenziale, hanno potuto essere sostenuti in un percorso più ampio verso la realizzazione integrata dell’essere sé stessi. Successivamente si è discusso quanto emerso dall’analisi dei dati, sono stati esposti i limiti e implicazione future della ricerca ed è stato fornito un inquadramento rispetto alla letteratura più ampia.The transgender person embodies and expresses a gender identity that transcends sociocultural expectations about gender traditionally linked to biological sex. There are forms of pathologization and medicalization of the phenomenon in reference to legal proceedings, medical and psychological practices where the dominance of a binary view of gender still persists. It was also explored how these processes are based on a dichotomous view between the material dimension of the biological body and the subjective dimension of gender identity and sense of self, both of which, above all, correlate with the surrounding socio-cultural context of belonging. Focusing on the psychological support before the initiation of any hormonal and/or surgical treatments, as a delicate and often debated phase during Gender Affirmation, we went on to illustrate the area of thought of Modern Functionalism. This has allowed us to offer a more fluid perspective on the relationship between identity, body and gender, aiming to overcome the body and mind dichotomy and working with the person in its entirety. Specifically, a methodology of Thematic Analysis has been implemented to outline a Neo-Functional reading of the lived experiences of two transgender people (AMAB and AFAB) and the ways through which both, in their global existence, could be supported in a broader journey towards an integrated realization of being themselves. Subsequently, the findings of the data analysis were discussed, the limits and future implications of the research were set out, and a framework was provided relatively to the wider literature

Un problema di Darboux in un insieme non limitato. Esistenza, unicità e dipendenza continua della soluzione

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Viability of the Discovery Rule as a Criterion to Determine When a Cause of Action Accrues in Medical Malpractice Actions.

Abstract Forthcoming