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Academic literature on the topic 'Injure vindicative'
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Journal articles on the topic "Injure vindicative"
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Moon, Zachary. "“Turn Now, My Vindication Is at Stake”: Military Moral Injury and Communities of Faith." Pastoral Psychology 68, no. 1 (November 21, 2017): 93–105. http://dx.doi.org/10.1007/s11089-017-0795-8.
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McTavish, Lianne. "Blame and Vindication in the Early Modern Birthing Chamber." Medical History 50, no. 4 (October 1, 2006): 447–64. http://dx.doi.org/10.1017/s0025727300010280.
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Who was to blame when a labouring woman or her unborn child died during the early modern period? How was responsibility assessed, and who was charged with assessing it? To answer such questions, this article draws on French obstetrical treatises produced by male surgeons and female midwives between 1550 and 1730, focusing on descriptions of difficult deliveries. Sometimes the poor outcome of a labour was blamed on the pregnant woman herself, but more often a particular medical practitioner was implicated. Authors of obstetrical treatises were careful to assign fault when injuries or deaths occurred in cases concerning them. Chirurgiens accoucheurs (surgeon men-midwives) regularly accused female midwives of incompetence, yet also attacked fellow surgeons as well as those male physicians officially superior to them in the medical hierarchy. Female midwives similarly condemned the actions of male practitioners, without hesitating to censure other women when their mismanagement of deliveries had tragic consequences. Part of authors' eagerness to blame others stemmed from the fear of being held accountable for mistakes preceding practitioners had made. Ascribing responsibility usually went hand-in-hand with defensive claims of innocence, or boastful declarations of having saved a suffering woman from the bungling attempts of less skilled birth attendants.
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Sharma, Anand, Akhilesh Jain, Achal Sharma, R. S. Mittal, and I. D. Gupta. "Prevalence and determinants of depression and its association with quality of life in Traumatic Brain Injury (TBI) patients." Romanian Neurosurgery 29, no. 3 (September 1, 2015): 361–70. http://dx.doi.org/10.1515/romneu-2015-0049.
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Abstract Introduction: Traumatic brain injury (TBI) is a major cause of disability. Assessment and treatment of TBI typically focus on physical and cognitive impairments, yet psychological impairments represent significant causes of disability. Depression may be the most common and disabling psychiatric condition in individuals with TBI. Objective: This cross-sectional study was design to investigate prevalence and risk factors of depression in Traumatic brain injury (TBI). Material and method: The Group studied consists of 204 patients of mild and moderate TBI between 14-days to one-year post injury. Demographic characteristics of the participants were assessed on a self-designed semi structured performa. Interviews focused on assessment of severity of TBI, depression and quality of life (Qol) using GCS, PHQ-9 and WHOBREF-QOL respectively. Results: Total 204 patients were included. 42.15% participants were found to have depression. None of the demographic variables were associated with depression except female sex, severity and time since injury. Moderate TBI patient (55.80%) had significantly higher occurrence of depression than the mild cases (44.2%). Patients with lesser duration (time since injury) of TBI had high incidence (50.2%) of depression compare to longer duration of TBI. Depressed patients also had poor Qol than those without depression in all domains except physical health domain. Neuroanatomical localization was also correlated with depression. Cerebral contusions were the most common (44.24%) lesions associated with depression. Conclusion: Depression is commonly associated, yet under diagnosed clinical entities in head injury and have tremendous impact in overall outcome measures. Every patient of head injury warrants psychiatric evaluation and concomitant treatment if required to ensure the attainment of not only neuroanatomical intact but overall productive and qualitative life vindicating the holistic and multidisciplinary treatment approach.
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Tenenbaum, Gershon, David N. Sacks, Jason W. Miller, Amy S. Golden, and Nora Doolin. "Aggression and Violence in Sport: A Reply to Kerr’s Rejoinder." Sport Psychologist 14, no. 4 (December 2000): 315–26. http://dx.doi.org/10.1123/tsp.14.4.315.
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In response to Ken’s (1999) rejoinder to the International Society of Sport Psychology’s (ISSP) Position Stand (PS) on aggression and violence in sport (Tenenbaum. Stewart, Singer, & Duda, 1997), this reply refutes Kerr’s criticisms and further advocates the recommendations provided by the ISSP to drastically reduce aggression among athletes and spectators. Specifically, this paper answers Kerr’s (1999) accusations that the PS fails to provide an understanding of the motivation behind aggression in sport, does not distinguish between athlete and spectator violence, makes improper conclusions regarding the media’s influence, and incorrectly blames officials for inflaming aggressive acts. Support is offered to vindicate the PS. The example cited by Kerr to discredit the PS recommendations is shown to be congruent with the ISSP’s suggestions for reducing aggression and violence in sport. Readers are urged to approach with caution arguments that consider aggression an essential component of sport, as such views increase the risk of injury among participants and spectators. Additional suggestions for reducing the incidence of aggression and violence in sport are invited.
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Oliva, Jennifer D. "Representing Veterans." SMU Law Review Forum 73, no. 1 (April 2020): 103–22. http://dx.doi.org/10.25172/slrf.73.1.11.
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Federal law has long deprived American veterans of certain fundamental legal rights enjoyed by non-veterans and attributable to veteran sacrifice. Federal case law, for example, denies veterans the right to bring an action in tort against the federal government to vindicate in-service injuries. And the United States Code deprives veterans of their right to robust judicial oversight of Department of Veterans Affairs (VA) service-connected benefit decisions. This pair of due process deprivations is compounded by the federal statute that prohibits veterans from exercising the fundamental right to counsel during the initial stage of the VA claims process. This Article examines the federal statutory scheme and pertinent case law that has long denied veterans the right to counsel throughout the VA veteran claims adjudication process, debunks the rationales underlying that law, and concludes by recommending that the federal government extend to veterans the right to counsel throughout the VA’s benefits adjudication proceedings.
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Erpenbach, Jackson. "A Post-Spokeo Taxonomy of Intangible Harms." Michigan Law Review, no. 118.3 (2019): 471. http://dx.doi.org/10.36644/mlr.118.3.post-spokeo.
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Article III standing is a central requirement in federal litigation. The Supreme Court’s Spokeo decision marked a significant development in the doctrine, dividing the concrete injury-in-fact requirement into two subsets: tangible and intangible harms. While tangible harms are easily cognizable, plaintiffs alleging intangible harms can face a perilous path to court. This raises particular concern for the system of federal consumer protection laws where enforcement relies on consumers vindicating their own rights by filing suit when companies violate federal law. These plaintiffs must often allege intangible harms arising out of their statutorily guaranteed rights. This Note demonstrates that Spokeo’s standard for what constitutes a cognizable intangible harm has produced inconsistent and arbitrary results in such lower court cases. Courts have come to varying conclusions about which intangible harms are sufficiently concrete to confer standing under the Court’s new standard. This Note makes two contributions. First, it offers a novel taxonomy of these various intangible harms, sorted into five discrete categories. Once these categories are identified, the underlying inconsistencies, both between circuits and between similar consumer protection laws, become evident. Second, it proposes an approach to intangible harms that is more deferential to the judgment of Congress as revealed in its statutes.
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Meguro, Maiko. "Litigating climate change through international law: Obligations strategy and rights strategy." Leiden Journal of International Law 33, no. 4 (September 9, 2020): 933–51. http://dx.doi.org/10.1017/s0922156520000473.
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AbstractLitigation has presented itself as a serious means to vindicate normative commitments about climate change by forcing governments to review their policy priorities. Today, the use of such litigation is not limited to the domestic arena. International law now provides the new principal avenue for such litigation. Two litigation strategies stand out: obligations strategy and rights strategy. Obligations strategy consists of bestowing an erga omnes character to existing obligations regarding the protection of the global environment, thereby providing standing for a non-injured party before international courts. Rights strategy, on the other hand, significantly increases in practice. It consists in the invocation, before national and international courts, of remedies for environmental damages through the legal categories of human rights law.This article sheds light on the potential and limits of these litigation strategies in international law. The argument builds on the specific evolution in the legal architecture of international obligations under the United Nations Framework Convention on Climate Change (UNFCCC). The current structure of the UNFCCC now makes it substantially impossible to bring a claim against individual states regarding their specific measures against climate change. The article, by referring to the history of drafting which produced the specific structure, questions the ability of these litigation strategies to remedy the lack of international consensus and to accommodate the technical intricacy of how to turn normative commitments into actual action for climate change.
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Patil, Lalit, and Hrishikesh Khairnar. "Python Inspired Smart Braking System to Improve Active Safety for Electric Vehicles." International Journal of Automotive and Mechanical Engineering 19, no. 1 (March 28, 2022): 9447–59. http://dx.doi.org/10.15282/ijame.19.1.2022.08.0727.
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In today’s world, electric cars are gaining popularity as a mode of transportation due to their smooth and comfortable rides. Since electric cars/bikes do not emit exhaust emissions, environmental standards will improve; however, an unintended upcoming risk of accidents has been identified due to the quiet nature of electric vehicles. The increasing trend of road accidents is resulting in serious injuries or even severe disability. In view of this, it was intended to develop the smart control system by using neural network techniques to enhance safety, especially for electric vehicles. The obstacle detection and smart control strategy were achieved by employing a state flow network. Furthermore, The driver’s behavior was monitored with the aid of a web camera. If the drowsiness/fatigue state of the driver is being detected by the system, then immediate precautionary steps would be carried out such as warning indicators, emergency braking, and stop. To execute this method, the number of input processing hardware devices and software algorithms were used collaboratively. The prototype has been developed to conduct the necessary trials for vindication. The findings show that the control strategy of the proposed model was successfully incorporated on the test bed with consistent results concerning control in numerous situations. The proposed smart braking system would be beneficial to both road users and passengers for improving safety.
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Trickett, RW, S. Rahman, P. Page, and I. Pallister. "From guidelines to standards of care for open tibial fractures." Annals of The Royal College of Surgeons of England 97, no. 6 (September 1, 2015): 469–75. http://dx.doi.org/10.1308/rcsann.2015.0020.
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Introduction The standards for the management of open fractures of the lower limb published by the British Association of Plastic, Reconstructive and Aesthetic surgeons (BAPRAS) and British Orthopaedic Association (BOA) were introduced to improve the treatment received by patients after open injury to the lower limb. These Standards were released after BAPRAS/BOA published Guidelines for the management of open tibial fractures. Methods We wished to determine the impact of these Standards upon the surgical management of open tibial fractures by comparing patients admitted to an orthoplastic centre in the 45 months concluding December 2009 (the Guidelines era) with those admitted during 2011 (the Standards era). Surgical procedures required during the first 30 days and 12 months after injury were determined. Cases were divided into ‘directly admitted patients’ (DAP) and ‘transferred patients’ (TP). Standards-era patients were divided further into those who had surgery exclusively at the orthoplastic centre (orthoplastic patients (OPP)) and those transferred after surgery (TASP). Results The number of TP trebled in frequency in the Standards era, 25% of whom were transferred before surgery. Significantly fewer surgical procedures were required for DAP and OPP groups compared with TP (and TASP) groups in both eras (Mann–Whitney U-test, p=0.05). DAP and OPP groups during the Standards era underwent the fewest procedures, with the vast majority of cases treated with two or fewer procedures in the first 12 months (88% and 80%, respectively, compared with 61% in the Guidelines era). In the Guidelines era, 44% of TP cases and in the Standards era 39% of TP and 29% of TASP groups underwent two or fewer procedures. Approximately two-thirds of open tibial fractures managed in our orthoplastic centre were patients transferred after surgery. The greatest impact of the Standards was evident for those who underwent surgery exclusively in the orthoplastic centre, reflecting a more deliberate combined strategy. Conclusion These findings vindicate the Standards as well as mandating reorganisation and resourcing of orthoplastic services to ensure immediate transfer and early combined surgery. By increasing the capacity to deal with time-dependent initial surgery, the surgical burden that the patient must endure, and which the service must provide, are reduced.
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Eady, David. "A Case of the Highest Authority… So What Does It Mean?" Victoria University of Wellington Law Review 54, no. 1 (October 15, 2023): 137–54. http://dx.doi.org/10.26686/vuwlr.v54i1.8439.
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There has been for some time a widespread view that anyone under investigation with regard to suspected wrongdoing should be entitled to anonymity prior to charge. Yet no attempt has been made to legislate. The matter is governed currently by the recently developed law of privacy, deriving from such cases as Campbell v MGN Ltd and culminating in the decision of the Supreme Court in ZXC v Bloomberg LP. It seems to be accepted, not only in England but under human rights law generally, that such information should be regarded as "private". This has not seriously been undermined in any of the leading cases. There is surely a serious question as to whether a suspect does indeed have a reasonable expectation that there should be such a blanket over his or her identity. This information is not purely personal. It relates to suspected wrongdoing – information which legitimately concerns not only any individual under suspicion but also, for example, "victims" and no doubt other fellow citizens interested in getting to the truth and in the administration of justice. Naturally, if a suspect's name leaks out, that individual's reputation may be seriously damaged. Some take the view that compensation should be recoverable specifically for injury to reputation – even though the claim would not be brought in defamation. Yet privacy and libel are distinct causes of action with different purposes to fulfil. If damages are to be sought to vindicate reputation, it is hard to see why a defendant should not have available the traditional defences and other principles applying in defamation. If a claimant wishes to demonstrate that the allegations are false, as well as intrusive, why should he not be subject to the same disciplines and risks as one who sues in libel?
Books on the topic "Injure vindicative"
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Ferstman, Carla. The Obligation to Afford Reparation to Injured Individuals. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808442.003.0004.
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This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.
Book chapters on the topic "Injure vindicative"
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Maccormick, Neil, and David Garland*. "Sovereign States and Vengeful Victims: The Problem of the Right to Punish." In Fundamentals of Sentencing Theory, 11–30. Oxford University PressOxford, 1998. http://dx.doi.org/10.1093/oso/9780198262565.003.0002.
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Abstract ‘Revenge,’ said Bacon, ‘is a kind of wild justice’. Is justice then no more than revenge tamed? Or, to put the question less figuratively, how does and should the criminal justice process relate to the sense of injury or grievance felt by those who are in one form or another victims of criminal misconduct? In what interest and for whose sake is punishment imposed by the State on convicted criminals? Is public justice to be considered as something set apart from the vindication of private right, or is it simply one form of process that human beings have devised for protecting the rights each of them has as an individual? These questions have a sharp contemporary point in view of the prominence given by the media nowadays both to the injuries suffered by victims, and to the demands of victims and their families for punishment stiff enough to assuage the sense of grievance or resentment they actually feel.
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Ezell, Margaret J. M. "To All Ingenious Ladies." In The Poems and Prose of Mary, Lady Chudleigh, 3–10. Oxford University PressNew York, NY, 1993. http://dx.doi.org/10.1093/oso/9780195083606.003.0001.
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Abstract The Love of Truth, the tender Regard I have for your Honour, joyn’d with a just Indignation to see you so unworthily us’d, makes me assume the Confidence of imploying my Pen in your Service. The Knowledge I had of my Inability for so great a Task, made me for a while stifle my Resentments, as thinking it much better privately to lament the Injuries that were done you, than expose you by a weak Defence to the fresh Insults of a Person, who has not yet learnt to distinguish between Railing and Instruction, and who is so vain as to fancy, that the Dignity of his Function will render every thing he thinks fit to say becoming: But when I found that some Men were so far from finding fault with his Sermon, that they rather defended it, and express’d an ill-natur’d sort of Joy to see you ridicul’d, and that those few among ‘em who were Pretenders to more Generosity and good Humour, were yet too proud, too much devoted to their Interest, and too indulgent to their Pleasures, to give themselves the Trouble of saying any thing in your Vindication, I had not the Patience to be Silent any longer.
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Fox, Dov. "Fraught Remedies." In Birth Rights and Wrongs, 141–64. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190675721.003.0011.
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When negligence thwarts parental efforts to select for socially salient traits like sex, race, and disability, compensation risks cutting against public safety or morality. Mandated cash payments for the wrongful defeat of attempts to choose a child to be deaf or male or white have the potential to undermine public commitments to newborn health, gender balance, or racial equality. This chapter argues that these concerns will only under exceptional circumstances rule out any remedy for confounded procreation. Even in rare cases for which recovery is not valid but void, courts should still grant nominal damages for generalized reproductive injuries—to deter professional misconduct and vindicate broader interests in offspring selection. In cases involving the failure to screen or diagnose some offspring condition, it’s not just private individuals or couples deciding what’s best for their own lives. Tort awards can impart an existential insult to people whose conditions were singled out for elimination—that verdict reflects the binding conclusion that the judge or jury reaches in view of specific facts and applicable law. But that expressive power shouldn’t immunize professional wrongdoing that thwarts eccentric offspring selection. Concerns about “quality control” are essentially contested—whether framed in terms of parental love or playing God, these visions of reproductive restraint don’t reflect social consensus. The not-so-distant history of racial ordering across family units comes closer to voiding complaints for confounded race. But courts should still provide limited recovery, with explicit caveats—to affirm generic interests in offspring selection, while disclaiming any racial component.
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Dewees, Don, David Duff, and Michael Trebilcock. "Summary And Implications." In Exploring The Domain Of Accident Law, 412–35. Oxford University PressNew York, NY, 1996. http://dx.doi.org/10.1093/oso/9780195087970.003.0007.
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Abstract Over the past 20 years or so, tort scholarship has been dominated by theoretical debates about the appropriate normative goals of the tort system and the doctrinal implications that each entails. These debates have centred around three major goals: deterrence, compensation, and corrective justice. We believe that these debates cannot be resolved in the abstract, but require close attention to empirical evidence on how the tort system, and alternatives to it, actually perform. We believe that the central normative question should not be which of these goals, or values, is superior to which other, but rather which legal or policy instruments are best equipped to vindicate which values. In other words, we accept the legitimacy of all of these goals and focus our analysis on identifying the means that best achieve each goal. In this respect, the empirical evidence has convinced us that a single instrument, the tort system, cannot successfully achieve all three of the major goals claimed for it, and attempting to use it in pursuit of objectives for which it is not well suited is both costly and damaging to its ability to perform well with respect to other goals that it is better able to realize. Almost a century ago, the tort system was abandoned for workplace accidents and replaced by an administrative workers’ compensation system to perform the compensation function with a regulatory system emerging to deter some types of hazardous workplace behavior. Since the middle of this century, no-fault compensation systems have been adopted in various jurisdictions to compensate victims of automobile accidents, complementing regulatory systems for reducing risks to motorists. We endorse these moves and propose extensions of them with three caveats: compensation schemes must be separately funded in each of the accident areas; premiums for compensation schemes must be risk-rated to preserve deterrence incentives; and tort should not be entirely displaced, but should have a residual role in cases of egregious behavior causing serious harm.. However, we do not see these compensation schemes operating in the areas of product or environmental injuries.