bluuebunny/crossref_metadata_2025 huggingface dataset:
Sealy and Hooley's Commercial Law
Authors: Fox David , Munday Roderick , Soyer Baris , Tettenborn Andrew , Turner Peter
Published: September 2020

All books in this flagship series extract key cases, legislation, and academic debate, providing students with an invaluable resource. This new edition includes discussion of new legislation, including the new Insolvency Act 1986, ss 263H–263O; the Payment Services Regulations 2017; the Electronic Presentment of Instruments (Evidence of Payment and Compensation for Loss) Regulations 2018; and the Business Terms (Assignment of Receivables) Regulations 2018. In addition it discusses new case law such as Glencore International AG v MSC (on personal property law and shipping documents); Volcafe Ltd v Cia Sud Americana de Vapores (on bailment); Kaefer Aislamientos v AMS Drilling Mexico, Bailey v Angove’s Pty, and Banca Nazionale del Lavoro v Playboy Club (on agency); PST Energy 7 Shipping v OW Bunker Malta, Bajaj Healthcare v Fine Organics, Gunvor v Sky Oil & Gas, and Euro-Asian Oil SA v Crédit Suisse AG (on sale of goods); The Erin Schulte and Taurus Petroleum v State Oil Company (on trade finance); BP Oil International v First Abu Dhabi Bank (on assignment); Haywood v Zurich Insurance, The DC Merwestone, and Axa Insurance UK v Financial Claims Solutions (on insurance); and Jetivia SA v Bilta (UK) Ltd and JSC BTA Bank v Ablyazov (on insolvency). Other developments are also covered, such as the proposed reform of bills of sale recommended in the 2017 Law Commission report on Bills of Sale. The book contains a new introductory section on the likely detailed impact of Brexit on English commercial law.
16. Modern payment systems
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter examines modern payment systems for commercial transactions, where payment using physical notes and coins is clearly inappropriate. Various forms of payment mechanisms and payment systems have been developed. This chapter first considers the nature of a funds transfer and the terminology used to describe a funds transfer operation before discussing credit/debit transfers, clearing and settlement, clearing systems and clearing rules, and the duties of the banks involved in a funds transfer. Finally, the chapter also analyses countermand, completion of payment as between payer and payee, and unwanted payments.
24. Introduction
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter serves as an introduction to commercial credit and security. Credit plays an important role in the world of commerce. In the sale of goods, for example, the seller may have to borrow money from a bank so that he can obtain the buyer’s order and supply the goods as required. The bank loan is a form of credit. This chapter first considers the definition of credit before discussing two forms of credit: loan credit and sale credit. It then examines the nature and purpose of security, real security and security interest, and quasi-security. It also describes the three stages involved in the process of creating an effective security interest: attachment, perfection, and priorities. Finally, it analyses the agreement to give security over future property and the proposed reform of the applicable law.
26. Non-possessory security
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter focuses on non-possessory security. It begins with a discussion of mortgages and their definitions. A mortgage involves the transfer of ownership of property from the mortgagor (the debtor or a third party) to the mortgagee (the creditor) as security for a debt or other obligation. The chapter then considers equitable charges and their definition, which include fixed and floating charges, before moving on to consider equitable liens. The chapter also examines statutory control with respect to non-possessory security, with particular emphasis on the protection of third parties and debtors.
27. Insurance
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter deals with the principles of insurance law. First, the chapter explains how insurance works, with a particular focus on insurable interest, the statutes that govern insurance contracts, and the power of the Financial Conduct Authority to authorise persons wishing to conduct business as insurers. The chapter then considers how an insurance contract is formed and goes on to describe the content and interpretation of the contract. It also discusses the liability and rights of the insurer before concluding with an analysis of marine insurance and insurance claims.
9. Classes of shares and variation of class rights
Authors: Dignam Alan , Lowry John
Published: September 2020

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on the rights and liabilities of a shareholder which are the incident of the general nature of a share, as well as his particular rights and liabilities by virtue of owning a particular type or class of share. It first considers the legal nature of a shareholding and the different types of share capital and typical class rights of a shareholder, as well as the statutory procedure required of a company before it can effect a variation of shareholders’ class rights. Examples of classes of shares are then given, and preferential rights attached to preference shares are discussed. The chapter concludes by looking at European Union initiatives on shareholders’ rights.
5. Secondary participation: parties to a crime
Authors: Loveless Janet , Allen Mischa , Derry Caroline
Published: September 2020

This chapter focuses on accessories to a crime or those who assist or encourage another to commit a crime. It discusses the conditions for liability under actus reus and mens rea, and explains that an accessory can be held liable for a crime and given the same punishment. The chapter explains accessorial liability for offences which go beyond the joint venture, and defences to secondary participation, evaluating whether victims can also be considered as accessories. The chapter provides examples of relevant cases including the case of Jogee, which, following recommendations of reform from the Law Commission and others, made significant changes to accessorial liability in joint ventures.
7. Homicide 2: voluntary and involuntary manslaughter
Authors: Loveless Janet , Allen Mischa , Derry Caroline
Published: September 2020

This chapter examines the provisions of criminal law for voluntary and involuntary manslaughter in Great Britain, explaining that voluntary manslaughter refers to intentional killings while involuntary manslaughter may be caused by recklessness, gross negligence, or dangerous and unlawful acts. Voluntary manslaughter must have the actus reus and mens rea for murder but must also have a partial defence. This chapter discusses the concept of partial defences of loss of control and diminished responsibility as well as that of suicide pact under the Homicide Act 1957. The chapter also considers other homicide-related offences such as infanticide and causing death by dangerous, careless, or inconsiderate driving, and analyses court decisions in several relevant cases.
Criminal Law
Authors: Herring Jonathan
Published: September 2020

This edition of Criminal Law: Text, Cases, and Materials offers an exceptional depth of analysis and a wealth of cases and materials all set within the theoretical context of criminal law. The two-part structure of each chapter in the book—the first part explaining the law as it is, the second examining the theoretical aspects—ensures that readers not only gain a secure understanding of the law itself but also acquire a fundamental appreciation of the surrounding philosophical and ethical debates. The book looks at actus reus and mens rea, and strict liability, and also examines homicide, non-fatal non-sexual offences; sexual offences; theft, handling, robbery; and fraud. It further analyses issues relating to burglary and blackmail, criminal damage, and defences, and finally, considers the criminal liability of corporations, inchoate offences, and complicity.
1. Introduction
Authors: Keane Adrian , McKeown Paul
Published: September 2020

Evidence is information by which facts tend to be proved, and the law of evidence is that body of law and discretion regulating the means by which facts may be proved in both courts of law and tribunals and arbitrations in which the strict rules of evidence apply. This introductory chapter discusses truth and the fact-finding process and explains how getting to the truth in court is hampered by practical constraints, the adversarial system, the rules of evidence themselves, and the fact that litigation is a human endeavour that necessarily provides scope for differences of opinion, error, deceit, and lies. The chapter also contains a brief history of the development of the law to date.
3. The burden and standard of proof
Authors: Keane Adrian , McKeown Paul
Published: September 2020

This chapter discusses the rules governing which party bears the legal and evidential burdens on which facts in issue. These rules can determine the eventual outcome of proceedings; determine which party has the right to begin adducing evidence in court; in what circumstances a defendant, at the end of the case for the prosecution, or claimant, may make a successful submission of no case to answer; and how the trial judge should direct the jury. The chapter begins by defining and distinguishing the legal, evidential, and other burdens, and then considers in detail which burden is borne by each of the parties on the various facts in issue in any given case. The chapter also considers the standard of proof in criminal proceedings where the burden is on the prosecution and on the accused. The standard of proof in civil proceedings is also considered.
8. Corroboration and care warnings
Authors: Keane Adrian , McKeown Paul
Published: September 2020

This chapter discusses exceptions to the general rule that there is no requirement for evidence to be corroborated. There are three categories of exception (i) where corroboration is required as a matter of law (speeding, perjury, treason, and attempts to commit these offences) and therefore a conviction cannot be based on uncorroborated evidence; (ii) where neither corroboration in a technical sense nor supportive evidence is required as a matter of law, but the tribunal of fact may need to be warned to exercise caution before acting on the evidence of certain types of witness, if unsupported; (iii) five cases in which corroboration is not required as a matter of law, and there is no obligation to warn the tribunal of fact of the danger of acting on the unsupported or uncorroborated evidence, but there is a special need for caution. The five cases are confessions by mentally handicapped persons, identification evidence, lip-reading evidence, cases of Sudden Infant Death Syndrome, and unconvincing hearsay. Identification evidence is dealt with separately in Chapter 9.
11. Evidence obtained by illegal or unfair means
Authors: Keane Adrian , McKeown Paul
Published: September 2020

This chapter discusses the circumstances in which relevant evidence can be excluded, as a matter of law or discretion, on the grounds that it was obtained illegally, improperly, or unfairly. The principles for exclusion of evidence are considered, and exclusion in both civil and criminal cases discussed. In respect of civil cases, discretionary exclusion under the civil procedure rules is discussed. In respect of criminal cases, discretionary exclusion at common law and under statute is discussed. The chapter also considers the circumstances in which criminal proceedings should be stayed as an abuse of the court’s process, where a trial would undermine public confidence in the criminal justice system and bring it into disrepute.
16. Adverse inferences from an accused’s silence or conduct
Authors: Keane Adrian , McKeown Paul
Published: September 2020

This chapter discusses the adverse inferences that may be drawn against an accused from: his failure to testify; his failure, when questioned or charged, to mention facts which he could reasonably have been expected to have mentioned at that time and which he later relies on in his defence at trial; his failure or refusal, on arrest, to account for any object, substance or mark that the police reasonably believe may be attributable to his participation in the commission of an offence; his refusal to consent to the taking of an intimate sample, such as a sample of blood, semen, or urine; and his failure to provide advance disclosure of the defence case, the nature of his defence or the facts on which he takes issue with the prosecution.
Borkowski's Law of Succession
Authors: Sloan Brian
Published: September 2020

Borkowski’s Law of Succession gives full attention to this area’s rich and evolving case law, illustrating the relevance of the law to modern life; the central issues and academic debates surrounding inheritance are discussed fully. This revised edition covers new case law including Ilott v The Blue Cross and subsequent decisions, Payne v Payne, Legg v Burton, and Hand v George, and new legislation including the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019. The text also looks at relevant Law Commission projects (in particular the recent consultation paper on Making A Will). Finally, there is discussion of the latest succession law scholarship.
11. Judicial review: illegality
Authors: Stanton John , Prescott Craig
Published: September 2020

This chapter considers ‘illegality’ as a ground of judicial review. Illegality is one of the three main grounds of judicial review as outlined by Lord Diplock in Council of Civil Service Unions & Others v Minister for the Civil Service. Broadly, the aim of this ground of judicial review is to ensure that public authorities act within the scope of their powers. This means that illegality is a wide ground of judicial review and is best considered as an umbrella term for a range of different ways in which a decision by a public authority can be challenged. A decision can be challenged under this ground of judicial review on the basis that the public authority lacks the power to make the decision in the first place, or if it does have the power, then the power has been exercised incorrectly.
Tort Law Directions
Authors: Brennan Carol , Bermingham Vera
Published: September 2020

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This book covers all the core areas of tort law, combining an engaging approach with plenty of learning features. It provides a detailed introduction to the key principles of tort law, and illustrates the points of law through discussions of important court cases. Key cases are discussed to illustrate the main principles of tort law; they help to bring the subject to life, allowing students to see how the law operates in practice. This new edition of the text includes increased focus on the influence of human rights on tort law. It is fully updated with recent case law highlighting how quickly tort law is developing particularly.
1. Foundations
Authors: Watt Gary
Published: September 2020

This chapter focuses on the historical and conceptual foundations of trusts and equity, first examining the history of the relationship between law and equity, including the historical origins of the trust. It then explains the idea of equity and how it is intertwined with the common law, and compares the trust with concepts such as gifts and contracts. The chapter shows that the trust arose in response to equity’s special concern to ensure that legal rights are not used in bad conscience, but later developed into a sophisticated institution governed by established rules. It looks at the reform of the Court of Chancery and considers trust property, equitable rights under a trust, separation of legal and equitable title, and the paradox of property and obligation.
9. Flexibility of benefit
Authors: Watt Gary
Published: September 2020

According to the so-called ‘rule in Saunders v. Vautier’, the beneficiaries of an expressly created private trust may terminate the trust if they are in unanimous agreement and are all competent adults, and are, between them, absolutely entitled to the trust property. This chapter examines the issue of ‘flexibility of benefit’, the extent to which beneficiaries may be able to take benefits under a trust despite limitations on their beneficial ownership, as well as the extent to which limitations on their beneficial ownership may be varied or entirely removed. It shows that under the Trustee Act 1925, trustees have a discretionary power—known as ‘the power of maintenance’—to apply income for the benefit of infant beneficiaries and a similar discretionary power, termed ‘the power of advancement’, to apply capital for the benefit of a beneficiary (infant or adult) out of his/her anticipated entitlement to the trust fund.
9. Constructive Trusts
Authors: Virgo Graham
Published: September 2020

This chapter examines the nature of the constructive trust. It explains that a trust is considered constructive when it arises by operation of law, typically as a result of the defendant’s unconscionable conduct. The chapter discusses the theoretical foundations of constructive trusts and describes different interpretations of the constructive trust, which include institutional and remedial constructive trusts. This chapter also considers the conditions under which institutional constructive trusts will be recognized and explains that, though a constructive trust is a real trust, it does not follow that a constructive trustee is under the same obligations as any other type of trustee. The chapter also examines whether the remedial constructive trust should be recognized in English law or whether a different interpretation of the trust should be recognized involving a modified institutional constructive trust.
14. Dispositive Powers and Duties
Authors: Virgo Graham
Published: September 2020

This chapter examines the powers and duties of trustees relating to the distribution of trust property to beneficiaries or objects. It explains that dispositive powers enable the trustees to exercise a discretion relating to the distribution of trust assets and dispositive duties requires them to act in a particular way or to make a particular decision. This chapter also discusses the underlying principles of the duty to distribute and the powers of appointment, maintenance, and advancement. The chapter further considers a variety of principles which are applicable to determine how powers of appointment should be exercised, what happens when the power is not exercised properly, and mechanisms to assist trustees in the exercise of these powers.
20. Personal Liability of Third Parties
Authors: Virgo Graham
Published: September 2020

This chapter examines the personal liability of third parties when there is a breach of trust or breach of fiduciary duty. It explains that there are two types of personal liability of third parties. One is receipt-based liability when a third party has received property in which the beneficiary or principal has an equitable proprietary interest and the other is accessorial liability when the third party has encouraged or assisted a breach of a trust or fiduciary duty. The elements of different causes of action relevant to receipt-based liability and accessorial liability are examined, notably the action for unconscionable receipt and the action of dishonest assistance. The controversial question of whether liability should be strict or fault-based is considered and, if the latter, the nature of the fault requirement.
2. Development of the EU
Authors: Craig Paul
Published: September 2020

This chapter traces the development of what is now the EU. It first describes the origins of ideas of European unity. It then discusses the various treaties that paved the way towards broader European integration. These include the European Coal and Steel Community Treaty of 1951,the Single European Act 1986, the Treaty on European Union (TEU) of 1992, and the Lisbon Treaty of 2009. Next, the chapter turns to the impact of the global financial crisis on the EU and considers several theories of integration.
10. Judicial protection before the Court of Justice of the European Union
Authors: Albors-Llorens Albertina
Published: September 2020

This chapter provides an overview of the various procedural avenues to the Court of Justice of the European Union. It uses as a template the division between two main sets of proceedings: direct actions and preliminary references. Direct actions are brought directly either before the Court of Justice or the General Court; these are dealt with in their entirety by these courts. By contrast, preliminary references begin before a national court. When this court encounters a question on the interpretation or the validity of EU law, it may (or sometimes must) make a preliminary reference on this particular point to the Court of Justice.
5. Instruments and the Hierarchy of Norms
Authors: Craig Paul , de Búrca Gráinne
Published: September 2020

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines two related issues: the EU’s legal and non-legal instruments; and the hierarchy of norms. The EU has a number of legal and non-legal instruments that are used to attain Union objectives. The principal legal instruments are regulations, directives, and decisions. The hierarchy of norms refers to the idea that in a legal system there will be a vertical ordering of legal acts, with those in the lower rungs of the hierarchy being subject to legal acts of a higher status. There are currently five principal tiers to the hierarchy of norms in EU law, which are, in descending order: the constituent Treaties and Charter of Rights; general principles of law; legislative acts; delegated acts; and implementing acts. The chapter discusses the meaning of these different tiers. The UK version contains a further section analysing issues concerning the hierarchy of norms in relation to the UK post-Brexit.
30. The State and the Common Market
Authors: Craig Paul , de Búrca Gráinne
Published: September 2020

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines the way in which the actions of the state can infringe the Treaty. The Treaty contains a number of relevant provisions, including Article 4(3) TEU, and Articles 14, 34, 101, 102, 106, and 107-109 TFEU. While there are valid reasons for EU controls, the topics discussed raise important issues concerning the very nature of the EU. Thus, the jurisprudence under Article 106 has prompted questions about how far it is possible for a state to entrust certain activities to a public monopoly, or to a private firm that has exclusive rights. The UK version contains a further section analysing issues concerning state aids and the UK post-Brexit.
An Introduction to European Law
Authors: Schütze Robert
Published: September 2020

An Introduction to European Law 3e offers a comprehensive exploration of this subject. Topics covered include European Union institutions and legislation. The text also considers EU competencies. Chapters look at fundamental rights, direct effect, legal primacy, and national actions. In addition, the text explains the internal market in terms of goods and persons. Finally, the text explains competition law in terms of cartels. The epilogue concludes with an examination of Brexit: past, present, and future.
4. States as the Primary Subjects of International Law
Authors: Gaeta Paola , Viñuales Jorge E. , Zappalà Salvatore
Published: September 2020

This chapter focuses on the State as the primary subject of international law. It begins with a discussion of the continuing pre-eminence of States as pivotal subjects of the international legal system and then analyses the processes through which States are created; the role of recognition of States, particularly in the context of contested Statehood; the legal rules governing the continuity, succession, and extinction of States; and the evolving concept of sovereignty, which is a notion at the very core of what a State is. The chapter is intended to introduce the main legal aspects of ‘Statehood’, as a first step in the discussion of more advanced concepts in subsequent chapters, such as the State’s spatial dimensions, its immunities and those of State officials, and the many limitations imposed by international law on State action.
5. The Spatial Dimensions of State Activities
Authors: Gaeta Paola , Viñuales Jorge E. , Zappalà Salvatore
Published: September 2020

This chapter begins with an examination of the related concepts of sovereignty, competence, and jurisdiction. It then discusses the international law governing territory, sea, the international seabed, and the concept of common heritage of mankind, air, and outer space. In traditional international law the physical dimension of State activity was regulated in fairly simple terms. The earth, portions of the sea, and the air were divided up into areas subject to the sovereign authority of States. The only exception to this partition was the high seas, which—since the seventeenth century—were subject to the principle that they were a thing belonging to everybody (res communis omnium): every State could sail its ships or use the high seas’ resources as it pleased, as long as it did not hamper their free use by other States. However, a nationalist, self-centred approach has displaced community interests and any idea of solidarity or joint utilization of resources.
13. Peaceful Settlement of International Disputes
Authors: Gaeta Paola , Viñuales Jorge E. , Zappalà Salvatore
Published: September 2020

The general obligation of peaceful settlement of disputes complementing the general ban on the use or threat of force prompted States to revitalize and strengthen the traditional means for settling disputes and establish innovative and flexible mechanisms for preventing disputes or, more generally, inducing compliance with international law. This chapter discusses the so-called diplomatic mechanisms for promoting agreement between disputants, the so-called judicial means (arbitration and adjudication), and the interplay between them. The chapter further examines the establishment of more flexible mechanisms for either preventing or settling disputes, in particular non-compliance and supervisory procedures.
14. Enforcement
Authors: Gaeta Paola , Viñuales Jorge E. , Zappalà Salvatore
Published: September 2020

This chapter analyses the enforcement of international law by States acting individually, that is, decentralized enforcement, including by their courts, as well as through retortion or countermeasures (once called reprisals). This is the typical form of enforcement under traditional international law. At the same time, enforcement might take place through measures taken by States acting collectively, that is, through mechanisms that include resort to collective measures, such as those adopted at the UN level (or within other international organizations), which can lead to collective sanctions. The first form of enforcement looks at the traditional law governing retortion and reprisals or countermeasures (as they are now called), as well as at the post-1945 law, taking into account that the ban on the use of armed force in international relations imposes that all enforcement measures taken by States individually must be peaceful. The second form examines the issue of collective sanctions, such as those taken at UN level.
20. The Protection of the Environment
Authors: Gaeta Paola , Viñuales Jorge E. , Zappalà Salvatore
Published: September 2020

This chapter focuses on international environmental law. First, it covers certain old precedents and then examines the emergence and consolidation of environmental principles between 1972 and 2020, with particular attention to the emergence of customary international law norms (prevention, co-operation, environmental impact assessment) in this area. Secondly, it surveys the substance of international environmental law, focusing on climate change as a prominent illustration of law-making in this field, and examining compliance procedures, as developed since the end of the 1980s. Thirdly, it discusses the operation of State responsibility and civil liability mechanisms for environmental harm.
21. International Law and the Global Economy
Authors: Gaeta Paola , Viñuales Jorge E. , Zappalà Salvatore
Published: September 2020

This chapter discusses the historical development and contemporary operation of international economic law, with a focus on trade, development, and monetary and investment relations. It pays particular attention to the emergence of the system with the 1944 Bretton Woods Conferences establishing the IMF and the World Bank, the adoption of the GATT in 1947, the revindications and influence of developing countries on the evolution of the system (with the declaration of a New International Economic Order), and the contemporary law of international trade (under the World Trade Organization) and foreign investment transactions (under investment agreements protected by investment arbitration organized under the ICSID).
Direct Numerical Simulations of a Great Horn Owl in Flapping Flight
Authors: Beratlis Nikolaos , Capuano Francesco , Krishnan Krishnamoorthy , Gurka Roi , Squires Kyle , Balaras Elias
Published: September 2020

Synopsis

The fluid dynamics of owls in flapping flight is studied by coordinated experiments and computations. The great horned owl was selected, which is nocturnal, stealthy, and relatively large sized raptor. On the experimental side, perch-to-perch flight was considered in an open wind tunnel. The owl kinematics was captured with multiple cameras from different view angles. The kinematic extraction was central in driving the computations, which were designed to resolve all significant spatio-temporal scales in the flow with an unprecedented level of resolution. The wing geometry was extracted from the planform image of the owl wing and a three-dimensional model, the reference configuration, was reconstructed. This configuration was then deformed in time to best match the kinematics recorded during flights utilizing an image-registration technique based on the large deformation diffeomorphic metric mapping framework. All simulations were conducted using an eddy-resolving, high-fidelity, solver, where the large displacements/deformations of the flapping owl model were introduced with an immersed boundary formulation. We report detailed information on the spatio-temporal flow dynamics in the near wake including variables that are challenging to measure with sufficient accuracy, such as aerodynamic forces. At the same time, our results indicate that high-fidelity computations over smooth wings may have limitations in capturing the full range of flow phenomena in owl flight. The growth and subsequent separation of the laminar boundary layers developing over the wings in this Reynolds number regime is sensitive to the surface micro-features that are unique to each species.
Introduction to the Symposium: Bio-Inspiration of Quiet Flight of Owls and Other Flying Animals: Recent Advances and Unanswered Questions
Authors: Clark Christopher J , Jaworski Justin W
Published: September 2020

Synopsis

Animal wings produce an acoustic signature in flight. Many owls are able to suppress this noise to fly quietly relative to other birds. Instead of silent flight, certain birds have conversely evolved to produce extra sound with their wings for communication. The papers in this symposium synthesize ongoing research in “animal aeroacoustics”: the study of how animal flight produces an acoustic signature, its biological context, and possible bio-inspired engineering applications. Three papers present research on flycatchers and doves, highlighting work that continues to uncover new physical mechanisms by which bird wings can make communication sounds. Quiet flight evolves in the context of a predator–prey interaction, either to help predators such as owls hear its prey better, or to prevent the prey from hearing the approaching predator. Two papers present work on hearing in owls and insect prey. Additional papers focus on the sounds produced by wings during flight, and on the fluid mechanics of force production by flapping wings. For instance, there is evidence that birds such as nightbirds, hawks, or falcons may also have quiet flight. Bat flight appears to be quieter than bird flight, for reasons that are not fully explored. Several research avenues remain open, including the role of flapping versus gliding flight or the physical acoustic mechanisms by which flight sounds are reduced. The convergent interest of the biology and engineering communities on quiet owl flight comes at a time of nascent developments in the energy and transportation sectors, where noise and its perception are formidable obstacles.
Recovery analysis of damped spectrally sparse signals and its relation to MUSIC
Authors: Li Shuang , Mansour Hassan , Wakin Michael B
Published: September 2020

One of the classical approaches for estimating the frequencies and damping factors in a spectrally sparse signal is the MUltiple SIgnal Classification (MUSIC) algorithm, which exploits the low-rank structure of an autocorrelation matrix. Low-rank matrices have also received considerable attention recently in the context of optimization algorithms with partial observations, and nuclear norm minimization (NNM) has been widely used as a popular heuristic of rank minimization for low-rank matrix recovery problems. On the other hand, it has been shown that NNM can be viewed as a special case of atomic norm minimization (ANM), which has achieved great success in solving line spectrum estimation problems. However, as far as we know, the general ANM (not NNM) considered in many existing works can only handle frequency estimation in undamped sinusoids. In this work, we aim to fill this gap and deal with damped spectrally sparse signal recovery problems. In particular, inspired by the dual analysis used in ANM, we offer a novel optimization-based perspective on the classical MUSIC algorithm and propose an algorithm for spectral estimation that involves searching for the peaks of the dual polynomial corresponding to a certain NNM problem, and we show that this algorithm is in fact equivalent to MUSIC itself. Building on this connection, we also extend the classical MUSIC algorithm to the missing data case. We provide exact recovery guarantees for our proposed algorithms and quantify how the sample complexity depends on the true spectral parameters. In particular, we provide a parameter-specific recovery bound for low-rank matrix recovery of jointly sparse signals rather than use certain incoherence properties as in existing literature. Simulation results also indicate that the proposed algorithms significantly outperform some relevant existing methods (e.g., ANM) in frequency estimation of damped exponentials.
Lattice organs and newly characterized submarginal pore-plates and pore-fields of the carapace in Ascothoracida (Crustacea: Thecostraca)
Authors: Grygier Mark J , Klepal Waltraud
Published: September 2020

Lattice organs on the dorsal part of the carapace were examined by scanning electron microscopy (SEM) in females, males, and/or cypridiform ascothoracid-larvae (in the ascothoracid-larva I stage, for the first time ever) of six species of Ascothoracida representing four genera and three families: Waginella sandersi (Newman, 1974), W. ?metacrinicola (Okada, 1926), and Gorgonolaureus muzikaeGrygier, 1981 (family Synagogidae); BaccalaureusBroch 1929, unidentified species (Lauridae); and Ascothorax gigasWagin, 1968 and A. synagogoides (Wagin, 1964) (Ascothoracidae). All were of the “keel in a trough” or “tube in a trough” type, but they varied even more than those of previously studied ascothoracidans in number, form, orientation, and terminal pore position. Such extensive variability, summarized graphically herein, limits the potential utility of Ascothoracida (parasites of anthozoans and echinoderms) as an out-group for polarizing lattice organ character-state variation in Cirripedia (free-living and parasitic barnacles). While the ground-pattern of lattice organs in Thecostraca (comprising Ascothoracida, Cirripedia, and Facetotecta, or “y-larvae”) includes two anterior and three posterior pairs, ascothoracid-larvae and males of AscothoraxDjakonov, 1914 and DendrogasterKnipovich, 1890 (family Dendrogastridae) have only two posterior pairs; evidence as to which pair is missing is discussed. The hypothesis that dorsal setae in thecostracan nauplii are the precursors of lattice organs in later developmental stages is reexamined; one-to-one positional matching of such setae to lattice organs is difficult in Ascothoracida. Newly characterized structures of unknown function, termed “reticulated pore-plates”, exist along the hinge line in a juvenile male of G. muzikae. The “pits” reported earlier along the anterior valve margin in ascothoracid-larva II of A. synagogoides are actually clusters of pores that may be homologous to these pore-plates. Potentially homologous pore-fields in other ascothoracidans are reviewed from the literature or described anew using SEM.
Multiple paternity in the intertidal zone porcelain crabPetrolisthes cinctipesRandall, 1840 (Decapoda: Anomura: Porcellanidae) is a life-history strategy that increases fitness during heat stress
Authors: Yockachonis Thomas , McKeon C Seabird , Windsor Amanda M , Stillman Jonathon H
Published: September 2020

Multiple paternity is widespread across animal and plant taxa and can increase genetic diversity and enhance fitness, especially in unpredictable environments. A prior study of the intertidal zone porcelain crab, Petrolisthes cinctipes (Randall, 1840), found that most females carried polyandrous broods. We tested the hypothesis that multiple paternity in P. cinctipes enhances fitness through increased average brood tolerance to temperature stress. Embryonic survival of split broods (N = 27) was measured under ambient conditions and following a single one-hour heat shock at 30 °C. Two microsatellite loci were used to genotype embryos and mothers in order to distinguish multiple from single paternity in each brood. Mean overall hatching percentage did not differ between singly and multiply sired broods; however, when exposed to a heat-shock, single-sired broods experienced 11% lower hatching success. Though relative fitness was higher in single-sired broods under non-stressful conditions, extrapolation of our results to conditions where temperatures are at least 30 °C (present-day extremes for the California coast) for > 2 days of the embryonic brood period, multiply sired broods have a relative fitness that is approximately 24 times higher after 15 generations. Maternal quality (size) and the timing of the heat shock relative to developmental timing also influence the brood response to heat shock. Our results suggest that multiple paternity reduces embryo survival variance between ambient and heat-shock conditions and that polyandrous behavior could be an advantage for P. cinctipes in the thermally variable high-intertidal zone. We conclude that multiple paternity is an important strategy for increasing fitness by genetic diversification in organisms that experience severe and unpredictable levels of environmental stress.
Visibility and Persistence of Fluorescent Dyes, and Impacts on Emergence, Quality, and Survival of Sterile Queensland Fruit Fly Bactrocera tryoni (Diptera: Tephritidae)
Authors: Akter Humayra , Taylor Phillip W , Crisp Peter
Published: September 2020

Tephritid flies released in sterile insect technique pest management programs are usually marked with fluorescent dyes so that they can be distinguished from wild flies in monitoring traps. Dyes can have adverse effects on emergence, quality, and survival, which can impact sterile insect technique (SIT) success, and so it is important to identify dyes and doses that maximize marking efficacy while minimizing deleterious effects on fly quality. This study examines the effects of five fluorescent dye products, Fluoro Pink, Fluoro Orange, Stella Green, Arc Chrome, and Astral Pink applied at four dose levels (1, 2, 3, and 4 g/liter) on Queensland fruit fly. All dye products caused a similar dose-dependent reduction in percentage of adult emergence. Incidence of morphological deformity of emerged adults increased with dose, and this trend was similar for all dye products. No effects of dye product or dose were found on survival rates over the first 35 d of adulthood, although females tended to have higher survival than males. Visibility varied with dose and dye product; 1 g/liter dye was less visible than 2, 3, or 4 g/liter, and Stella green had lower visibility than other dyes. All of the tested dyes except for Stella green were similar in all assessed metrics of fly performance and are recommended for use in SIT programs.
Tachinobia repanda (Hymenoptera: Eulophidae) From Egg Sacs of a Colonial Spider, Cyrtophora moluccensis (Araneae: Araneidae) in Papua New Guinea
Authors: Yefremova Zoya A , Lubin Yael
Published: September 2020

We report the discovery of the wasp Tachinobia repanda Bouček collected from egg sacs of the colonial spider Cyrtophora moluccensis (Doleschall) in Morobe Province, Papua New Guinea (PNG) by Lubin, Y.D. in 1980. This is the first record of T. repanda from egg sacs of a colonial spider. The likely host of this eulophid wasp was the larvae of a sarcophagid fly that parasitizes the egg sacs of these spiders. The 67 T. repanda collected were all females and varied little in body size. We suggest that this species is a gregarious hyperparasitoid.
Prolonged Stabilization During a Mass Casualty Incident at Sea in the Era of Distributed Maritime Operations
Authors: Day William G , Cooper Elizabeth , Phung Khanh , Miller Benjamin , DuBose Joseph , Lin Andrew H
Published: September 2020

In August 2017, the USS Bataan received a mass casualty incident (MCI) of 6 foreign special forces operators after a helicopter crash. All 6 patients were medically evacuated successfully to the USS Bataan, and all patients survived and were successfully returned to their allied country. Four of the patients received whole blood with 2 receiving over 10 units of blood or massive transfusions. One patient required 44 units of blood, and at 1 point in his resuscitation, he received 12 units of whole blood every 30 minutes. Due to administrative factors outside of the ship’s control, these 6 patients had prolonged stabilization during the MCI. This factor differentiates this MCI on the USS Bataan from previous cases. Internal medicine trained physicians with their expertise in inpatient care, postsurgical management, and critical care were instrumental in sustaining these casualties in this prolonged stabilization environment. In the era of distributed maritime operations, where casualty-receiving ships will experience more geographic and resource isolation, there is a potential for the need for prolonged stabilization above the 6 to 12-hour window typical of role II platforms. The known increase in cardiac and pulmonary morbidity and mortality with medical evacuation delay highlights the importance of internal medicine physicians in the role II setting. It is critical that we emphasize the inpatient and critical care principles of these patients in the prolonged field care environment.
Are Patients Discharged on the HEART Pathway Following Up?
Authors: Janes Jordyn L , Streitz Matthew J , Hyams Jessica M , Schauer Steven G , Arana Allyson A , Ng Patrick C , Small Jessica , Bridwell Rachel E , April Michael D , Oliver Joshua J
Published: September 2020

Introduction

The HEART (history, electrocardiogram [ECG], age, risk factors, troponin) pathway is a useful tool in the emergency department to identify patients that are safe for outpatient evaluation of chest pain. A dedicated HEART Clinic to follow-up versus primary care remains a topic that requires further delineation. We sought to identify how many patients discharged on the HEART pathway specifically followed up with the established HEART Clinic.

Materials and Methods

This is a secondary analysis of a previously published dataset. In an initial validation study of the HEART Pathway, 625 consecutive subjects were identified via chart review, 449 of which were included. We identified subjects for inclusion in this study if they were found to have a HEART score of 3 or less. Subjects were excluded if they were admitted or if their follow-up was beyond 6 weeks.

Results

Of the 449 subjects, 185 met criteria for study inclusion. 125 (67.6%) had follow-up with an average time of 7.94 days (95% CI: 6.54-9.34). Of those, half had additional testing such as ECG, cardiac computed tomography angiography, and treadmill stress testing. The most common clinics for follow-up were the Family Medicine, Internal Medicine, and HEART Clinic representing 35.8, 29, and 18% of the follow-ups, respectively. No subject died, had a myocardial infarction, or required reperfusion.

Conclusions

Of the subjects discharged on the HEART Pathway, 67.6% followed up. Of those subjects that followed up, 18% did so at the HEART Clinic.
Limited Aggregation and E-Cigarettes
Authors: Lim James Edgar
Published: September 2020

Introduction

Nonconsequentialist ethicists have noted that small harms, goods, or claims should not count against large claims. For example, given a choice between saving one life and a large group of people with minor headaches, we ought to save the one life, no matter how large the group is. This principle has been called limited aggregation. The principle of limited aggregation might have implications on public health policy, given that public health policy involves weighing the claims of individuals against one another.

Aims and Methods

I aim to show that limited aggregation has implications for policies on e-cigarettes and alternative nicotine delivery systems. The methodology used in this study involves critical analysis of existing literature and pre-theoretical moral views.

Results

This study does not use empirical research.

Conclusions

In deciding to allow or encourage the use of e-cigarettes or alternative nicotine delivery systems, we sometimes must weigh benefits to each existing smoker affected by the policy against risks to each nonsmoker affected. I argue in this paper that when these risks, to each individual nonsmoker, are sufficiently small, we ought not to count them against more significant benefits to smokers. This applies even when the number of nonsmokers affected by a policy exceeds the number of smokers.

Implications

This paper implies that policymakers ought to be sensitive to the scale of benefits or risks introduced by a policy on individuals. If the negative side effects, on each affected individual, of a proposed policy are sufficiently small, they do not count against the beneficial goals of that policy. Depending on the expected effects of each given e-cigarette policy, this may give policymakers defeasible reasons to prioritize the needs of current smokers, who may each gain a lot from various means of smoking cessation, over nonsmokers, who each may only have a small chance of picking up smoking.