REGULATION OF BUSINESS-ROBINSON-PATMAN ACT-DEFENSE OF MEETING A COMPETITOR\u27S PRICE

Standard Oil sold gasoline to jobber customers at a price lower than that at which it sold to other customers in the area. The price differentials were not justified by lower costs. The jobbers made both wholesale and retail sales of the gasoline; some of them passed on the reduced prices by sales at less than the prevailing rates in the area. The F.T.C. held that Standard\u27s price differential violated section 2(a) of the Clayton Act, as amended by the Robinson-Patman Act. Standard contended that the differential was established in good faith to meet an equally low price of a competitor, and the trial examiner made a finding supporting this contention. The F.T.C. made no finding on the point, holding that under the act, the defense of meeting a competitor\u27s price only rebuts the prima facie case that arises from a showing of discrimination, and that it is immaterial when, as here, there is affirmative proof that the discrimination injured, destroyed, and prevented competition. The court of appeals affirmed. On appeal, held, three justices dissenting, reversed and remanded for a finding by the commission whether the price reduction was in good faith to meet the equally low price of a competitor. Such a finding establishes a complete defense under the Robinson-Patman Act. Standard Oil Co. v. Federal Trade Commission,. (U.S. 1951) 71 S.Ct 240

HABEAS CORPUS-JURISDICTION OF FEDERAL COURTS TO REVIEW JURISDICTION OF MILITARY TRIBUNALS WHEN THE PRISONER IS PHYSICALLY CONFINED OUTSIDE THE UNITED STATES

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of federal courts to review their proceedings has become acute, especially since these courts alone can provide judicial review. It has long been settled that courts can review the proceedings of military tribunals, on habeas corpus, to determine whether the tribunal acted within its jurisdiction. The problem here rather involves federal jurisdiction to grant habeas corpus when the petitioner is not physically confined within the territorial jurisdiction of the court

HABEAS CORPUS-JURISDICTION OF FEDERAL COURTS TO REVIEW JURISDICTION OF MILITARY TRIBUNALS WHEN THE PRISONER IS PHYSICALLY CONFINED OUTSIDE THE UNITED STATES

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of federal courts to review their proceedings has become acute, especially since these courts alone can provide judicial review. It has long been settled that courts can review the proceedings of military tribunals, on habeas corpus, to determine whether the tribunal acted within its jurisdiction. The problem here rather involves federal jurisdiction to grant habeas corpus when the petitioner is not physically confined within the territorial jurisdiction of the court

CITIZENSHIP-INTENT REQUIRED FOR EXPATRIATION

In recent years, many cases have involved the question whether an American citizen has expatriated himself by his actions. Expatriation in the United States is now covered by statute, but the courts, in construing these statutes, have faced a recurrent problem as to what intent on the part of the citizen is required to effect expatriation. To interpret the present doctrine, it is necessary to examine the history of expatriation, the statutes, and the various situations in which the question of intent has arisen

REGULATION OF BUSINESS-ROBINSON-PATMAN ACT-DEFENSE OF MEETING A COMPETITOR\u27S PRICE

Standard Oil sold gasoline to jobber customers at a price lower than that at which it sold to other customers in the area. The price differentials were not justified by lower costs. The jobbers made both wholesale and retail sales of the gasoline; some of them passed on the reduced prices by sales at less than the prevailing rates in the area. The F.T.C. held that Standard\u27s price differential violated section 2(a) of the Clayton Act, as amended by the Robinson-Patman Act. Standard contended that the differential was established in good faith to meet an equally low price of a competitor, and the trial examiner made a finding supporting this contention. The F.T.C. made no finding on the point, holding that under the act, the defense of meeting a competitor\u27s price only rebuts the prima facie case that arises from a showing of discrimination, and that it is immaterial when, as here, there is affirmative proof that the discrimination injured, destroyed, and prevented competition. The court of appeals affirmed. On appeal, held, three justices dissenting, reversed and remanded for a finding by the commission whether the price reduction was in good faith to meet the equally low price of a competitor. Such a finding establishes a complete defense under the Robinson-Patman Act. Standard Oil Co. v. Federal Trade Commission,. (U.S. 1951) 71 S.Ct 240

Intractable Alcoholism in a Patient with a Levine Shunt

Ellen Shaw. M.D., Fellow in Hepatology: Mr. J is a forty-six-year-old white male who was initially seen on the medical service in July 1982. At that time he presented with hepatic encephalopathy, jaundice, and ascites. A liver biopsy was performed, confirming the clinical diagnosis of alcoholic hepatitis superimposed on cirrhosis. Following discharge it was difficult to maintain Mr. J as an outpatient. He did not follow dietary restrictions or take diuretics as prescribed. Additionally he was unable to control his drinking. Finally about a year ago a Levine shunt was implanted in an effort to control his ascites. Subsequently he did well for a period of several months. He was able to abstain from alcohol with a resulting decrease in his ascites and jaundice. Recently he has resumed drinking, with a return of his symptoms. He has missed his last several appointments in the clinic. Control of his medical problems remains problematic unless his alcohol abuse can be better controlled

PPAR? Downregulation by TGF in Fibroblast and Impaired Expression and Function in Systemic Sclerosis: A Novel Mechanism for Progressive Fibrogenesis

The nuclear orphan receptor peroxisome proliferator-activated receptor-gamma (PPAR-γ) is expressed in multiple cell types in addition to adipocytes. Upon its activation by natural ligands such as fatty acids and eicosanoids, or by synthetic agonists such as rosiglitazone, PPAR-γ regulates adipogenesis, glucose uptake and inflammatory responses. Recent studies establish a novel role for PPAR-γ signaling as an endogenous mechanism for regulating transforming growth factor-ß (TGF-ß)- dependent fibrogenesis. Here, we sought to characterize PPAR-γ function in the prototypic fibrosing disorder systemic sclerosis (SSc), and delineate the factors governing PPAR-γ expression. We report that PPAR-γ levels were markedly diminished in skin and lung biopsies from patients with SSc, and in fibroblasts explanted from the lesional skin. In normal fibroblasts, treatment with TGF-ß resulted in a time- and dose-dependent down-regulation of PPAR-γ expression. Inhibition occurred at the transcriptional level and was mediated via canonical Smad signal transduction. Genome-wide expression profiling of SSc skin biopsies revealed a marked attenuation of PPAR-γ levels and transcriptional activity in a subset of patients with diffuse cutaneous SSc, which was correlated with the presence of a ''TGF-ß responsive gene signature'' in these biopsies. Together, these results demonstrate that the expression and function of PPAR-γ are impaired in SSc, and reveal the existence of a reciprocal inhibitory cross-talk between TGF-ß activation and PPAR-γ signaling in the context of fibrogenesis. In light of the potent anti-fibrotic effects attributed to PPAR-γ, these observations lead us to propose that excessive TGF-ß activity in SSc accounts for impaired PPAR-γ function, which in turn contributes to unchecked fibroblast activation and progressive fibrosis. © 2010 Wei et al

Hysteresis phenomenon in turbulent convection

Coherent large-scale circulations of turbulent thermal convection in air have been studied experimentally in a rectangular box heated from below and cooled from above using Particle Image Velocimetry. The hysteresis phenomenon in turbulent convection was found by varying the temperature difference between the bottom and the top walls of the chamber (the Rayleigh number was changed within the range of $10^7 - 10^8$). The hysteresis loop comprises the one-cell and two-cells flow patterns while the aspect ratio is kept constant ($A=2 - 2.23$). We found that the change of the sign of the degree of the anisotropy of turbulence was accompanied by the change of the flow pattern. The developed theory of coherent structures in turbulent convection (Elperin et al. 2002; 2005) is in agreement with the experimental observations. The observed coherent structures are superimposed on a small-scale turbulent convection. The redistribution of the turbulent heat flux plays a crucial role in the formation of coherent large-scale circulations in turbulent convection.Comment: 10 pages, 9 figures, REVTEX4, Experiments in Fluids, 2006, in pres

A Changing Wind Collision

We report on the first detection of a global change in the X-ray emitting properties of a wind–wind collision, thanks to XMM-Newton observations of the massive Small Magellenic Cloud (SMC) system HD 5980. While its light curve had remained unchanged between 2000 and 2005, the X-ray flux has now increased by a factor of ~2.5, and slightly hardened. The new observations also extend the observational coverage over the entire orbit, pinpointing the light-curve shape. It has not varied much despite the large overall brightening, and a tight correlation of fluxes with orbital separation is found without any hysteresis effect. Moreover, the absence of eclipses and of absorption effects related to orientation suggests a large size for the X-ray emitting region. Simple analytical models of the wind–wind collision, considering the varying wind properties of the eruptive component in HD 5980, are able to reproduce the recent hardening and the flux-separation relationship, at least qualitatively, but they predict a hardening at apastron and little change in mean flux, contrary to observations. The brightness change could then possibly be related to a recently theorized phenomenon linked to the varying strength of thin-shell instabilities in shocked wind regions

Search for new phenomena in final states with an energetic jet and large missing transverse momentum in pp collisions at √ s = 8 TeV with the ATLAS detector

Results of a search for new phenomena in final states with an energetic jet and large missing transverse momentum are reported. The search uses 20.3 fb−1 of √ s = 8 TeV data collected in 2012 with the ATLAS detector at the LHC. Events are required to have at least one jet with pT > 120 GeV and no leptons. Nine signal regions are considered with increasing missing transverse momentum requirements between Emiss T > 150 GeV and Emiss T > 700 GeV. Good agreement is observed between the number of events in data and Standard Model expectations. The results are translated into exclusion limits on models with either large extra spatial dimensions, pair production of weakly interacting dark matter candidates, or production of very light gravitinos in a gauge-mediated supersymmetric model. In addition, limits on the production of an invisibly decaying Higgs-like boson leading to similar topologies in the final state are presente