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This chapter deals with the availability of the other specific remedy: the injunction. As with specific performance, injunctions are a coercive remedy originating in equity. The court orders the defendant to do something (or to refrain from doing something) and the defendant must obey this order or be in contempt of court. Again, if the defendant does not comply, the court may use measures such as imprisonment, sequestration, and fines to encourage compliance with its order.
However, in contrast to specific performance, injunctions apply to many situations, not just contract or contract-like obligations, and they protect many private law rights, including rights in land, goods and other property, economic rights, the right to bodily integrity, the right to reputation, the right to privacy, and contractual rights. They may also be used in support of public law rights.
Complaints regarding the sensitivity of rice to florpyrauxifen-benzyl and off-target movement of the herbicide occurred following its commercial launch in 2018 in the midsouthern United States. These two concerns encouraged the exploration of an alternative application method for florpyrauxifen-benzyl in rice. A field study was conducted in 2020 and 2021 to determine if coating florpyrauxifen-benzyl on urea would reduce negative impacts of the herbicide to rice. Five commercial rice lines were evaluated: ‘Diamond’, ‘Titan’, ‘RT7321 FP’, ‘RT7521 FP’, and ‘XP753’. Florpyrauxifen-benzyl coated on urea at a 2× rate (60 g ai ha–1) reduced rice injury in one of five commercial rice lines in 2020 and four of five commercial rice lines in 2021, compared to spray applications at the same rate. In 2020, ‘RT7521 FP’ exhibited a 17-percentage point injury reduction when coating florpyrauxifen-benzyl on urea at a 2× rate vs. the same rate sprayed. In 2021, rice injury was reduced by 26, 10, and 27 percentage points in the commercial rice lines ‘Diamond’, ‘Titan’, and ‘XP753’, respectively, following coated urea vs. spray applications at 4 wk after treatment (WAT). ‘XP753’ exhibited reduced injury (15 percentage points) by coating florpyrauxifen-benzyl at a 1× rate (30 g ai ha–1) 4 WAT in 2021, and another, ‘Diamond’, had comparable groundcover to nontreated plots when florpyrauxifen-benzyl was coated on urea at a 1× rate rather than the reductions observed from the spray application at a 2× rate. Yield differences were a function of urea rate rather than application method, where in six out of ten instances greater rough rice grain yield occurred at the higher rate. Findings from this experiment indicate that coating florpyrauxifen-benzyl on urea can reduce the amount of injury observed, especially in areas of overlap where you would have a 2× rate.
The remnants from Hurricane Ida in September 2021 caused unprecedented rainfall and inland flooding in New York City (NYC) and resulted in many immediate deaths. We reviewed death records (electronic death certificates and medical examiner reports) to systematically document the circumstances of death and demographics of decedents to inform injury prevention and climate adaptation actions for future extreme precipitation events. There were 14 Ida-related injury deaths in NYC, of which 13 (93%) were directly caused by Ida, and 1 (7%) was indirectly related. Most decedents were Asian (71%) and foreign-born (71%). The most common circumstance of death was drowning in unregulated basement apartments (71%). Themes that emerged from the death records review included the suddenness of flooding, inadequate exits, nighttime risks, and multiple household members were sometimes affected. These deaths reflect interacting housing and climate crises, and their disproportionate impact on disadvantaged populations needing safe and affordable housing. Climate adaptation actions, such as improving stormwater management infrastructure, informing residents about flood risk, implementing Federal Emergency Management Agency recommendations to make basements safer, and expanding emergency notification measures can mitigate risk. As climate change increases extreme precipitation events, multi-layered efforts are needed to keep residents safe.
Waterhemp has evolved resistance to Group 2, 5, 9, 14, and 27 herbicides in Ontario, Canada, making control of this challenging weed even more difficult. Acetochlor is a Group 15, chloroacetanilide herbicide that has activity on many small-seeded annual grasses and some small-seeded annual broadleaf weeds, including waterhemp. The objective of this study was to ascertain if acetochlor mixtures with broadleaf herbicides (dicamba, metribuzin, diflufenican, sulfentrazone, or flumioxazin), applied preemergence (PRE), increase multiple-herbicide-resistant (MHR) waterhemp control in soybean. Five trials were conducted over 2 yr (2021 and 2022). The acetochlor mixtures caused ≤7% soybean injury, except acetochlor + flumioxazin, which caused 19% soybean injury. Acetochlor applied PRE controlled MHR waterhemp 89% at 4 wk after application (WAA). Dicamba, metribuzin, diflufenican, sulfentrazone, or flumioxazin controlled MHR waterhemp 59%, 67%, 58%, 64%, and 86%, respectively, at 4 WAA. Acetochlor applied in a mixture with dicamba, metribuzin, diflufenican, sulfentrazone, or flumioxazin provided good to excellent control of MHR waterhemp; control ranged from 91% to 98% but was similar to acetochlor applied alone. Acetochlor alone reduced MHR waterhemp density and biomass 98% and 93%; acetochlor + flumioxazin reduced waterhemp density and biomass by an additional 2% and 7%, respectively. This research concludes that acetochlor applied in a mixture with flumioxazin was the most efficacious mixture evaluated for MHR waterhemp control.
This chapter focuses on the variety of different EEG patterns that can be seen after hypoxic ischemic brain injury, which often produces some of the most severe encephalopathies. Common post–cardiac arrest findings include discontinuity, burst suppression, background voltage attenuation and suppression, lack of EEG reactivity, seizures, myoclonus, and status epilepticus. The prognostic significance of these findings is discussed. Finally, the topic of using EEG as a confirmatory tool in brain death protocols is introduced.
Towards developing more effective interventions for fall-related injuries, this study analysed a novel database from six retirement home facilities over a 4-year period comprising 1,877 fallers and 12,445 falls. Falls were characterized based on location, activity, injury site, and type, and the database was stratified across four levels of care: Independent Living, Retirement Care, Assisted Care, and Memory care. Falls most occurred within the bedroom (62.8%), and during unknown (38.1%), walking (20.2%), and transfer tasks (14.6%). Approximately one in three (37%) of all falls resulted in an injury, most commonly involving the upper limb (31.8%), head (26.3%), and lower limb (22.2%), resulting in skin tears (35.3%), aches/pains (29.1%), or bruises (28.0%). While fall location, activity, and injury site were different across levels of care, injury type was not. The data from this study can assist in targeting fall-related injury prevention strategies across levels of care within retirement facilities.
According to a well-established rule of the law of armed conflict, warring parties are prohibited from employing weapons, means, and methods of warfare of a nature to cause superfluous injury or unnecessary suffering. Agreement about the foundational nature of this rule can, however, easily conceal the disagreement as to its precise meaning and efficacy. This paper considers the origins of the rule in question, and how key aspects of the rule are interpreted. It then examines one of the more contentious issues about the rule, namely whether it is only concerned with the inherent properties of particular weapons or whether it also deals with the use of weapons generally.
Optimal initial management of the trauma patient during the first several hours after injury offers the best chance of a good outcome. Patient management consists of rapid primary survey, resuscitation of vital functions, a more detailed secondary assessment, diagnostic tests to ascertain the extent of traumatic injury and finally, the initiation of definitive care.
Uncontrolled trauma-related hemorrhage remains the primary preventable cause of death among those with critical injury.
Study Objective:
The purpose of this investigation was to evaluate the types of trauma associated with critical injury and trauma-related hemorrhage, and to determine the time to definitive care among patients treated at major trauma centers who were predicted to require massive transfusion.
Methods:
A secondary analysis was performed of the Pragmatic, Randomized, Optimal Platelet and Plasma Ratios (PROPPR) trial data (N = 680). All patients included were predicted to require massive transfusion and admitted to one of 12 North American trauma centers. Descriptive statistics were used to characterize patients, including demographics, type and mechanism of injury, source of bleeding, and receipt of prehospital interventions. Patient time to definitive care was determined using the time from activation of emergency services to responder arrival on scene, and time from scene departure to emergency department (ED) arrival. Each interval was calculated and then summed for a total time to definitive care.
Results:
Patients were primarily white (63.8%), male (80.3%), with a median age of 34 (IQR 24-51) years. Roughly one-half of patients experienced blunt (49.0%) versus penetrating (48.2%) injury. The most common types of blunt trauma were motor vehicle injuries (83.5%), followed by falls (9.3%), other (3.6%), assaults (1.8%), and incidents due to machinery (1.8%). The most common types of penetrating injuries were gunshot wounds (72.3%), stabbings (24.1%), other (2.1%), and impalements (1.5%). One-third of patients (34.5%) required some prehospital intervention, including intubation (77.4%), chest or needle decompression (18.8%), tourniquet (18.4%), and cardiopulmonary resuscitation (CPR; 5.6%). Sources of bleeding included the abdomen (44.3%), chest (20.4%), limb/extremity (18.2%), pelvis (11.4%), and other (5.7%). Patients waited for a median of six (IQR4-10) minutes for emergency responders to arrive at the scene of injury and traveled a median of 27 (IQR 19-42) minutes to an ED. Time to definitive care was a median of 57 (IQR 44-77) minutes, with a range of 12-232 minutes. Twenty-four-hour mortality was 15% (n = 100) with 81 patients dying due to exsanguination or hemorrhage.
Conclusion:
Patients who experience critical injury may experience lengthy times to receipt of definitive care and may benefit from bystander action for hemorrhage control to improve patient outcomes.
Chapter 2 lays out the causal questions inherent in the legal implementation of safeguard measures, antidumping measures and countervailing duties (collectively, ’trade remedies’). It notes that the legal instruments require that domestic competent authorities engage in a process of determining both causation (i.e., drawing a causal link) and non-attribution (i.e., disaggregating non-causal factors) before implementing trade remedies. The chapter then turns to examine how these causal questions have been interpreted in the jurisprudence. To this end, it notes that a multi-factorial approach over a single-factor approach has been preferred in the jurisprudence. The chapter turns to discuss how domestic competent authorities have sought to conduct causation and non-attribution determinations. The chapter concludes by discussing how the Tripartite Non-attribution/Causal Link Analysis, based on econometric methods, offers an alternative approach to satisfying the legal requirements of determining causation for the purposes of implementing trade remedies.
The Laws makes clear its commitment to a form of Socratic paradox: no one who is unjust is so voluntarily. I show first how its protagonist – the Athenian Visitor – maintains this position, without resorting to the Socratic thesis that knowingly acting against one's beliefs about what is best is some sort of impossibility, and indeed recognizing the phenomenon of cognitive dissonance. My main concern, however, is with the Athenian's treatment – near the outset of the penology of Book 9 – of what is presented as a serious threat posed by the paradox to any viable theory of criminal behaviour and its punishment; or as he puts it, to the distinction drawn 'in every city and by every legialator there has ever been between two sorts of wrongdoing (adikêmata), voluntary and involuntary'. The Athenian's strategy for resisting the threat (as most commentators note) relies on distinguishing between volutarily harming someone, which requires compensation and often purification, and involuntary commission of injustice, which merits punishment, reconceptualized however as treatment for psychic disease. How far this distinction is successful in defusing the problem is then explored.
Paramedicine clinicians (PCs) in the United States (US) respond to 40 million calls for assistance every year. Their fatality rates are high and their rates of nonfatal injuries are higher than other emergency services personnel, and much higher than the average rate for all US workers. The objectives of this paper are to: describe current occupational injuries among PCs; determine changes in risks over time; and calculate differences in risks compared to other occupational groups.
Methods:
This retrospective open cohort study of nonfatal injuries among PCs used 2010 through 2020 data from the US Department of Labor (DOL), Bureau of Labor Statistics; some data were unavailable for some years. The rates and relative risks (RRs) of injuries were calculated and compared against those of registered nurses (RNs), fire fighters (FFs), and all US workers.
Results:
The annual average number of injuries was: 4,234 over-exertion and bodily reaction (eg, motion-related injuries); 3,935 sprains, strains, and tears; 2,000 back injuries; 580 transportation-related injuries; and over 400 violence-related injuries. In this cohort, women had an injury rate that was 50% higher than for men. In 2020, the overall rate of injuries among PCs was more than four-times higher, and the rate of back injuries more than seven-times higher than the national average for all US workers. The rate of violence-related injury was approximately six-times higher for PCs compared to all US workers, seven-times higher than the rate for FFs, and 60% higher than for RNs. The clinicians had a rate of transportation injuries that was 3.6-times higher than the national average for all workers and 2.3-times higher than for FFs. Their overall rate of cases varied between 290 per 10,000 workers in 2018 and 546 per 10,000 workers in 2022.
Conclusions:
Paramedicine clinicians are a critical component of the health, disaster, emergency services, and public health infrastructures, but they have risks that are different than other professionals.
This analysis provides greater insight into the injuries and risks for these clinicians. The findings reveal the critical need for support for Emergency Medical Services (EMS)-specific research to develop evidence-based risk-reduction interventions. These risk-reduction efforts will require an enhanced data system that accurately and reliably tracks and identifies injuries and illnesses among PCs.
Catching of broilers is the first stage in the transfer of birds to the slaughterhouse. The catching process entails a high risk not only of stress but also of injury and death to the birds. Associated injury and mortality rates have important implications not only for animal welfare but also for the economics of the procedure. Catching machines are advantageous with regard to labour costs and standards, and they may also reduce damage to the birds. In the present investigation the use of a sweeper-type catching machine was compared with manual catching under commercial conditions, data being collected during 43 mechanical and 40 manual catching events evenly distributed over one year. Dead-on-arrival rates were recorded, and 108 068 mechanically caught and 87 916 manually caught birds were examined for injuries on the shackles at the processing plant. Injury rates of all types were significantly reduced after mechanical catching. This improvement was highest with respect to leg injuries. There was no significant difference in the number of dead-on-arrivals except during the spring period, when there were higher losses of birds caught mechanically; this was thought to be attributable to climatic conditions. The loading of the transport containers with equal numbers of birds and the initial familiarisation period of the catching team with the machine are potentially problematic factors with potential for improvement. The catching machine investigated here, with its lower risk of injury to broilers than commercial manual catching, has the potential to limit impairment of bird welfare during catching.
Groups of end-of-lay (spent) hens were subjected to three different treatments on a short flat-belt conveyor. Observations of bird behaviour indicated that the incidences of wing flapping, loss of balance and alarm calling significantly increased when birds were conveyed up and down slopes in comparison to being conveyed horizontally (P<0.01). Birds were significantly more hesitant when approaching the incline compared to the horizontal (P<0.001). However, differences in behavioural responses were not reflected in times spent in tonic immobility or open-field tests. There were no significant differences for the three treatments. It is possible that human contact, before and after conveying, was a more significant fear stimulus than the treatment itself.
A total of 560 cattle and water buffalo were examined at livestock markets in Bangladesh. The aim was to assess the frequency of nose and tail injuries that could have occurred during handling and transport. The frequency of nose piercing was 64%, and 69% of the cattle and 54% of the water buffalo had rubbing or tearing injuries at the nostrils from nose ropes fitted through the pierced hole. Almost half of the nose-pierced animals (47%) had lacerations and ulcerations where the nose rope had rubbed against the nose. Pus at the nostril was observed in 56% of the animals, and 57 and 58% had severe and extended nose injuries, respectively. Nose injuries were more severe in imported Hariana cattle compared with exotic and local breeds. In cattle plus water buffalo, 39% had tail injuries of which the two major abnormalities were absent tail end (2%) and kinked tail (98%). Tail injuries were more common in cattle (51%) than water buffalo (15%). Among the cattle breeds, the frequency of tail injuries in Hariana was 65%. In conclusion, the cattle and water buffalo experienced a number of serious injuries and this calls for greater attention to be paid to handling methods in draught animals in south Asia.
Obtaining reliable welfare outcome measures from commercial farms can be challenging. We developed a training programme to train observers to score injuries of the tarsal joint, carpal joint and neck on dairy cows as part of an on-farm study. Twelve trainees were trained using protocols and photographs in a classroom session and on-farm visits. Continued repeatability checking was carried out during a refresher and mid-way assessment. Two trainers were used as the reference standard to which all trainees were compared. The study demonstrated that methods of scoring tarsal joint, carpal joint and neck injury can be learned by trainees from different backgrounds and high repeatability can be achieved and maintained at a very large regional or national level. Successful learning of injury scoring is dependent on protocols with strong definitions and photographs as well as repetitive training sessions. Additionally, continued repeatability checks are essential to ensure the reference standard continues to be met. This training programme can be used as a model to successfully train on-farm assessors.
There is interest in the transportation of horses (Equus caballus) to slaughter and a need to assess the welfare implications of this practice. Forty-six loads of 7-35 horses transported for 0.33 to 3.10 h to a slaughter plant in Iceland were studied. Adults and foals were transported together and then placed in separate pens overnight in the lairage. This acted as a weaning procedure for the foals. Between one and eleven horses per load (59 adults and 129 foals) were observed during loading and at the slaughter plant, blood was sampled at slaughter and carcases were observed. No wounds were observed before transport, but 1.6% of horses had small, superficial bleeding wounds after transport. The respiration rate was greater after, compared to before, transport. Blood lactate concentration measured after lairage and slaughter was greater than normal in both adults and foals, 13% of adults and 20% of foals had a blood glucose concentration lower than normal, and 58% of adults and 25% of foals had a plasma total protein concentration greater than normal. Forty-four percent of adults and 17% of foals were bruised. There were no pre-existing conditions affecting the fitness of the horses for transportation. The effects of transport on the physiological responses and the severity of bruising were relatively minor. However, the results suggested that the handling, transport and lairage of the horses resulted in injury and signs of exertion or stress that were not compatible with optimal management practices. The mild dehydration in adults might have been associated with restricted access to drinking water during lairage of lactating mares. Controlled studies are required to identify the specific practices used in Iceland that result in injury and dehydration.
Severe accidents befalling both horses and riders have been observed during award ceremonies in equestrian sports. We hypothesised that such ceremonies and subsequent laps of honour pose a significant risk to the well-being of horses, riders and third parties. Tournament riders’ opinions were sought and analysis of accidents undertaken via an online questionnaire completed by 700 tournament riders participating in dressage and showjumping in Germany. While 31.3% of the riders reported feeling tense themselves during award ceremonies, greater tension was reported in the warm-up area and throughout the competition itself. In contrast, 48% of horses were at their most tense at award ceremonies and displayed the greatest amount of stress during the lap of honour. Sixty percent of survey participants felt award ceremonies created an increased risk of injury with riders citing stressed horses as being the principal cause. Only risks associated with the warm-up area were noted by a greater proportion of riders (66.6%). The most frequent cause of accidents at award ceremonies was deemed to be kicks. Horse participation at award ceremonies was deemed to be important for spectators and sponsors and, although over half the riders were in favour of compulsory participation with a horse, they expressed the desire for exceptions to be permissible by judge(s). This study supported the hypothesis that mounted award ceremonies have a negative impact on horse welfare.
This chapter defends the claim that suffering is likely prevalent in wild animals’ lives. It does so by describing the different ways in which the interests of wild animals are systematically frustrated by natural events. These include the wasteful reproductive strategy favored by the majority of wild animals and the enormous variety of natural threats to their health, as well as physical and psychological integrity. It ends by presenting a minimal case for intervention in nature. On the assumption that (i) we ought to aim at preventing or reducing the harms suffered by other individuals whenever it is in our power to do so, if (ii) all sentient individuals, including nonhuman animals, are fully morally considerable and (iii) suffering likely prevails in nature, then (iv) we have reasons to intervene in nature so as to alleviate wild animal suffering as much as possible.
Dose-response trials to determine the tolerance of summer squash and watermelon to fomesafen applied (over the top of black polyethylene mulch and respective row middles) pre-transplanting were performed between 2020 and 2021 at three Indiana locations: the Meigs Horticulture Research Farm (MEIGS), the Pinney Purdue Agricultural Center (PPAC), and the Southwest Purdue Agricultural Center (SWPAC). Summer squash trials were performed at the MEIGS and PPAC locations, and watermelon trials were performed at the MEIGS and SWPAC locations. The experiments for both summer squash and watermelon had a split-plot arrangement in which the main plot was herbicide rate, and the subplot was cultivar. Summer squash injury included necrotic leaf margin, chlorosis, brown and white spots, and stunting. Fomesafen rates from 262 to 1,048 g ai ha−1 in 2020 at both locations, and from 280 to 1,120 g ai ha−1 in 2021 at MEIGS did not affect summer squash yield. However, in 2021 at PPAC, fomesafen applied at rates from 280 to 1,120 g ha−1 delayed summer squash harvest and decreased marketable yield from 95% to 61% compared with the nontreated control. Watermelon injury included bronzing and stunting. Fomesafen rates from 210 to 840 g ai ha−1 did not affect marketable watermelon yield or fruit number. Crop safety was attributed to rain, which washed off most of the herbicide from the polyethylene mulch before plants were transplanted or little to no rain after transplant. Injury was observed only when there was no rain before transplant followed by excessive rain shortly after transplant. Overall, the 1× rate used for each trial was safe for use 1 d before transplanting summer squash and 6 to 7 d before transplanting watermelon.