Federal appeals court reinstates prisoner's sex-change lawsuit

NEW YORK (Reuters) - A federal appeals court on Monday reinstated a lawsuit brought by a transgendered prisoner against Virginia authorities for refusing to allow her to undergo a sex-change operation.

The 4th U.S. Circuit Court of Appeals found that Ophelia Azriel De'lonta, born Michael Stokes, can argue that denying her the surgery violates the Eighth Amendment's prohibition against cruel and unusual punishment.

The ruling comes six months after a federal judge in Boston ordered Massachusetts to pay for a sex-change operation for a convicted murderer who, like De'lonta, suffers from gender identity disorder.

The disease is "characterized by a feeling of being trapped in a body of the wrong gender," Judge Albert Diaz wrote for a unanimous three-judge panel.

While such cases can sometimes be treated with hormone therapy and living as a member of the opposite sex, the most serious cases require sex reassignment surgery, the court said, citing the World Professional Association for Transgender Health.

"In these cases, the surgery is not considered experimental or cosmetic; is it an accepted, medically indicated treatment," Diaz wrote.

In reversing a lower court's decision to dismiss the case for failing to state a cause of action, the 4th Circuit did not order that De'lonta receive the surgery. Instead, it simply found that her lawsuit was viable under the Eighth Amendment and sent the case back down to the district court for further proceedings.

"We do not decide today the merits of De'lonta's claim," Diaz wrote.

The Virginia attorney general's office, which defended against the lawsuit, could not be reached for comment on Monday.

The case represents the second time De'lonta, serving 73 years for bank robbery, has sued the state over her treatment. In 1999, she filed a lawsuit claiming the prison had failed to provide her treatment for her disorder in violation of the Eighth Amendment.

A federal judge tossed out the lawsuit, but the 4th Circuit revived it in 2003. De'lonta and state authorities then reached a settlement that would give her hormone therapy and psychological treatment.

But De'lonta's latest lawsuit claims she still suffers from the uncontrollable urge to castrate herself despite the treatments and needs the surgery to prevent serious self-mutilation.

The case is De'lonta v. Johnson et al., U.S. Circuit Court of Appeals for the Fourth Circuit, No. 11-7482.

(Reporting by Joseph Ax; Editing by Mohammad Zargham)

Source: http://news.yahoo.com/federal-appeals-court-reinstates-prisoners-sex-change-lawsuit-021827546.html

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'2-D' electronic devices, may be possible: Fine patterns made with single-atom-thick graphene and boron nitride

Jan. 27, 2013 ? Rice University scientists have taken an important step toward the creation of two-dimensional electronics with a process to make patterns in atom-thick layers that combine a conductor and an insulator.

The materials at play -- graphene and hexagonal boron nitride -- have been merged into sheets and built into a variety of patterns at nanoscale dimensions.

Rice introduced a technique to stitch the identically structured materials together nearly three years ago. Since then, the idea has received a lot of attention from researchers interested in the prospect of building 2-D, atomic-layer circuits, said Rice materials scientist Pulickel Ajayan. He is one of the authors of the new work that appears this week in Nature Nanotechnology. In particular, Ajayan noted that Cornell University scientists reported an advance late last year on the art of making atomic-layer heterostructures through sequential growth schemes.

This week's contribution by Rice offers manufacturers the possibility of shrinking electronic devices into even smaller packages. While Rice's technical capabilities limited features to a resolution of about 100 nanometers, the only real limits are those defined by modern lithographic techniques, according to the researchers. (A nanometer is one-billionth of a meter.)

"It should be possible to make fully functional devices with circuits 30, even 20 nanometers wide, all in two dimensions," said Rice researcher Jun Lou, a co-author of the new paper. That would make circuits on about the same scale as in current semiconductor fabrication, he said.

Graphene has been touted as a wonder material since its discovery in the last decade. Even at one atom thick, the hexagonal array of carbon atoms has proven its potential as a fascinating electronic material. But to build a working device, conductors alone will not do. Graphene-based electronics require similar, compatible 2-D materials for other components, and researchers have found hexagonal boron nitride (h-BN) works nicely as an insulator.

H-BN looks like graphene, with the same chicken-wire atomic array. The earlier work at Rice showed that merging graphene and h-BN via chemical vapor deposition (CVD) created sheets with pools of the two that afforded some control of the material's electronic properties. Ajayan said at the time that the creation offered "a great playground for materials scientists."

He has since concluded that the area of two-dimensional materials beyond graphene "has grown significantly and will play out as one of the key exciting materials in the near future."

His prediction bears fruit in the new work, in which finely detailed patterns of graphene are laced into gaps created in sheets of h-BN. Combs, bars, concentric rings and even microscopic Rice Owls were laid down through a lithographic process. The interface between elements, seen clearly in scanning transmission electron microscope images taken at Oak Ridge National Laboratories, shows a razor-sharp transition from graphene to h-BN along a subnanometer line.

"This is not a simple quilt," Lou said. "It's very precisely engineered. We can control the domain sizes and the domain shapes, both of which are necessary to make electronic devices."

The new technique also began with CVD. Lead author Zheng Liu, a Rice research scientist, and his colleagues first laid down a sheet of h-BN. Laser-cut photoresistant masks were placed over the h-BN, and exposed material was etched away with argon gas. (A focused ion beam system was later used to create even finer patterns, down to 100-nanometer resolution, without masks.) After the masks were washed away, graphene was grown via CVD in the open spaces, where it bonded edge-to-edge with the h-BN. The hybrid layer could then be picked up and placed on any substrate.

While there's much work ahead to characterize the atomic bonds where graphene and h-BN domains meet and to analyze potential defects along the boundaries, Liu's electrical measurements proved the components' qualities remain intact.

"One important thing Zheng showed is that even by doing all kinds of growth, then etching, then regrowth, the intrinsic properties of these two materials are not affected," Lou said. "Insulators stay insulators; they're not doped by the carbon. And the graphene still looks very good. That's important, because we want to be sure what we're growing is exactly what we want."

Liu said the next step is to place a third element, a semiconductor, into the 2-D fabric. "We're trying very hard to integrate this into the platform," he said. "If we can do that, we can build truly integrated in-plane devices." That would give new options to manufacturers toying with the idea of flexible electronics, he said.

"The contribution of this paper is to demonstrate the general process," Lou added. "It's robust, it's repeatable and it creates materials with very nice properties and with dimensions that are at the limit of what is possible."

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The above story is reprinted from materials provided by Rice University, via EurekAlert!, a service of AAAS.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.

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Journal Reference:

1. C. Drexler, S. A. Tarasenko, P. Olbrich, J. Karch, M. Hirmer, F. M?ller, M. Gmitra, J. Fabian, R. Yakimova, S. Lara-Avila, S. Kubatkin, M. Wang, R. Vajtai, P. M. Ajayan, J. Kono, S. D. Ganichev. Magnetic quantum ratchet effect in graphene. Nature Nanotechnology, 2013; DOI: 10.1038/nnano.2012.231

Note: If no author is given, the source is cited instead.

Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/matter_energy/electronics/~3/Z5aTSo83LOQ/130127134208.htm

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Cities affect temperatures for thousands of miles

Jan. 27, 2013 ? Even if you live more than 1,000 miles from the nearest large city, it could be affecting your weather.

In a new study that shows the extent to which human activities are influencing the atmosphere, scientists have concluded that the heat generated by everyday activities in metropolitan areas alters the character of the jet stream and other major atmospheric systems. This affects temperatures across thousands of miles, significantly warming some areas and cooling others, according to the study this week in Nature Climate Change.

The extra "waste heat" generated from buildings, cars, and other sources in major Northern Hemisphere urban areas causes winter warming across large areas of northern North America and northern Asia. Temperatures in some remote areas increase by as much as 1 degree Celsius (1.8 degrees Fahrenheit), according to the research by scientists at the Scripps Institution of Oceanography; University of California, San Diego; Florida State University; and the National Center for Atmospheric Research.

At the same time, the changes to atmospheric circulation caused by the waste heat cool areas of Europe by as much as 1 degree C (1.8 degrees F), with much of the temperature decrease occurring in the fall.

The net effect on global mean temperatures is nearly negligible -- an average increase worldwide of just 0.01 degrees C (about 0.02 degrees F). This is because the total human-produced waste heat is only about 0.3 percent of the heat transported across higher latitudes by atmospheric and oceanic circulations.

However, the noticeable impact on regional temperatures may explain why some regions are experiencing more winter warming than projected by climate computer models, the researchers conclude. They suggest that models be adjusted to take the influence of waste heat into account.

"The burning of fossil fuel not only emits greenhouse gases but also directly affects temperatures because of heat that escapes from sources like buildings and cars," says NCAR scientist Aixue Hu, a co-author of the study. "Although much of this waste heat is concentrated in large cities, it can change atmospheric patterns in a way that raises or lowers temperatures across considerable distances."

Distinct from urban heat island effect

The researchers stressed that the effect of waste heat is distinct from the so-called urban heat island effect. Such islands are mainly a function of the heat collected and re-radiated by pavement, buildings, and other urban features, whereas the new study examines the heat produced directly through transportation, heating and cooling units, and other activities.

The study, "Energy consumption and the unexplained winter warming over northern Asia and North America," appeared online January 27. It was funded by the National Science Foundation, NCAR's sponsor, as well as the Department of Energy and the National Oceanic and Atmospheric Administration.

Hu, along with lead author Guang Zhang of Scripps and Ming Cai of Florida State University, analyzed the energy consumption -- from heating buildings to powering vehicles -- that generates waste heat release. The world's total energy consumption in 2006 was equivalent to a constant-use rate of 16 terawatts (1 terawatt, or TW, equals 1 trillion watts). Of that, an average rate of 6.7 TW was consumed in 86 metropolitan areas in the Northern Hemisphere.

Using a computer model of the atmosphere, the authors found that the influence of this waste heat can widen the jet stream.

"What we found is that energy use from multiple urban areas collectively can warm the atmosphere remotely, thousands of miles away from the energy consumption regions," Zhang says. "This is accomplished through atmospheric circulation change."

The release of waste heat is different from energy that is naturally distributed in the atmosphere, the researchers noted. The largest source of heat, solar energy, warms Earth's surface and atmospheric circulations redistribute that energy from one region to another. Human energy consumption distributes energy that had lain dormant and sequestered for millions of years, mostly in the form of oil or coal.

Though the amount of human-generated energy is a small portion of that transported by nature, it is highly concentrated in urban areas. In the Northern Hemisphere, many of those urban areas lie directly under major atmospheric troughs and jet streams.

"The world's most populated and energy-intensive metropolitan areas are along the east and west coasts of the North American and Eurasian continents, underneath the most prominent atmospheric circulation troughs and ridges," Cai says. "The release of this concentrated waste energy causes the noticeable interruption to the normal atmospheric circulation systems above, leading to remote surface temperature changes far away from the regions where waste heat is generated."

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The above story is reprinted from materials provided by National Center for Atmospheric Research/University Corporation for Atmospheric Research.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.

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Journal Reference:

1. Guang J. Zhang, Ming Cai, Aixue Hu. Energy consumption and the unexplained winter warming over northern Asia and North America. Nature Climate Change, 2013; DOI: 10.1038/nclimate1803

Note: If no author is given, the source is cited instead.

Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/top_science/~3/18ztHxt5eMM/130127134210.htm

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Djokovic completes Australian Open hat trick

MELBOURNE, Australia (AP) ? No shirt ripping or bare-chested flexing this time.

Novak Djokovic completed his work before midnight, defeating Andy Murray in four sets for his third consecutive Australian Open title and fourth overall.

It was also the second time in three years Djokovic had beaten his longtime friend in this final. So the celebration was muted: a small victory shuffle, raised arms, a kiss for the trophy. No grand histrionics, although that's not to say the moment was lost on him.

"Winning it three in a row, it's incredible," Djokovic said after his 6-7 (2), 7-6 (3), 6-3, 6-2 victory Sunday night. "It's very thrilling. I'm full of joy right now. It's going to give me a lot of confidence for the rest of the season, that's for sure."

Nine other men had won consecutive Australian titles in the Open era, but none three straight years. One of them was Andre Agassi, who presented Djokovic with the trophy.

A year ago, Djokovic began his season with an epic 5-hour, 53-minute five-set win over Rafael Nadal at the Australian Open, the longest Grand Slam final. He tore off his shirt to celebrate, the TV replays repeated constantly at this tournament.

He mimicked that celebration after coming back to beat Stanislas Wawrinka in five hours in a surprisingly tough fourth-round victory this time.

Since then, he's looked every bit the No. 1 player. He said he played "perfectly" in his 89-minute win over fourth-seeded David Ferrer in the semifinals Thursday night. Murray struggled to beat 17-time major winner Roger Federer in five sets in the semifinals Friday night, and still had the bad blisters on his feet to show for it in the final.

In a final that had the makings of a classic when two of the best returners in tennis were unable to get a break of serve in the first two sets that lasted 2:13, the difference may have hinged on something as light as a feather.

Preparing for a second serve at 2-2 in the second set tiebreaker, Murray was rocking back about to toss the ball when he stopped, paused and then walked onto the court and tried to grab a small white feather that was floating in his view. He went back to the baseline, bounced the ball another eight times and served too long.

After being called for a double-fault, Murray knocked the ball away in anger and flung his arm down. He didn't get close for the rest of the tiebreaker and was the first to drop serve in the match ? in the eighth game of the third set. Djokovic broke him twice in the fourth set, which by then had turned into an easy march to victory.

"It was strange," said Djokovic, adding that it swung the momentum his way. "It obviously did. ... He made a crucial double-fault."

Murray didn't blame his loss on the one distraction.

"I mean, I could have served. It just caught my eye before I served. I thought it was a good idea to move it," he said. "Maybe it wasn't because I obviously double-faulted.

"You know, at this level it can come down to just a few points here or there. My biggest chance was at the beginning of the second set ? didn't quite get it. When Novak had his chance at the end of the third, he got his."

Djokovic had five break-point chances in the opening set, including four after having Murray at 0-40 in the seventh game, but wasn't able to convert any of them.

Then he surrendered the tiebreaker with six unforced errors. Murray appeared to be the stronger of the two at the time. He'd beaten Djokovic in their last Grand Slam encounter, the U.S. Open final, and had the Serb so off balance at times in the first set that he slipped to the court and took skin off his knee.

Murray held serve to open the second set and had three break points at 0-40 in the second game, but Djokovic dug himself out of trouble and held.

"After that I felt just mentally a little bit lighter and more confident on the court than I've done in the first hour or so," Djokovic said. "I was serving better against him today in the first two sets than I've done in any of the match in the last two years."

Djokovic said he loves playing at Rod Laver Arena, where he won his first major title in 2008. He now has six Grand Slam titles altogether. Federer has won four of his 17 majors at Melbourne Park, and Agassi is the only other player to have won that many in Australia since 1968.

Djokovic was just finding his way at the top level when Agassi retired in 2006, but he had watched enough of the eight-time major winner to appreciate his impact.

"He's I think one of the players that changed the game ? not just the game itself, but also the way the people see it," Djokovic said. "So it was obviously a big pleasure and honor for me to receive the trophy from him."

Agassi was among the VIPs in the crowd, along with actor Kevin Spacey and Victoria Azarenka, who won the women's final in three sets against Li Na the previous night.

Murray broke the 76-year drought for British men at the majors when he won the U.S. Open last year and said he'll leave Melbourne slightly more upbeat than he has after defeats here in previous years.

"The last few months have been the best tennis of my life. I mean, I made Wimbledon final, won the Olympics, won the U.S. Open. You know, I was close here as well," he said. "No one's ever won a slam (immediately) after winning their first one. It's not the easiest thing to do. And I got extremely close.

"So, you know, I have to try and look at the positives of the last few months, and I think I'm going the right direction."

Source: http://news.yahoo.com/djokovic-completes-australian-open-hat-trick-180009719--spt.html

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Morgan Stanley CEO Gorman made $6 million for 2012: source

(Reuters) - Morgan Stanley Chief Executive Officer James Gorman made $6 million in total compensation for 2012, including $800,000 in salary, $2.6 million in deferred cash and $2.6 million in stock options, a person familiar with the matter said on Thursday.

Morgan Stanley's board plans to also award Gorman an undetermined amount of long-term incentive pay for 2012, but his total compensation will still be lower than the $8.56 million he received for 2011, the source said.

The bank on Thursday disclosed stock option awards for top executives in filings with the U.S. Securities and Exchange Commission. The rest of the executives' pay will be disclosed later in the company's annual proxy filing.

(Reporting By Rick Rothacker in Charlotte, N.C.; Editing by Tim Dobbyn)

Source: http://news.yahoo.com/morgan-stanley-ceo-gorman-made-6-million-2012-220025511--sector.html

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