A Sea Change or Much Ado About Nothing? The Future of New Mexico Jurisprudence Concerning Tort Claims Arising from On-the-job Injuries of Employees in the Wake of Delgado v. Phelps Dodge Chino and the Substantial Certainty Test

The New Mexico Supreme Court\\u27s decision in Delgado v. Phelps Dodge Chino, Inc. overruled the actual intent test and created an exception to the exclusivity provisions of the Workers Compensation Act which holds employers legally responsible for on-the-job injuries. The new standard created by the Delgado decision, holding employers responsible for conduct that is something less than intentional but more than negligence, purported to set the stage for a deluge of tort claims from injured employees who previously would have been precluded as a matter of law from recovering damages outside of the Act. Justice Franchini threw down the legal gauntlet by closing his opinion with the memorable caveat reproduced in the quotation supra. However, examination of Delgado and its New Mexico progeny, and comparison with case law in other jurisdictions with rules similar to those articulated by the New Mexico Supreme Court, indicate that while Delgado changed the law, its application is so narrow as to have minimal impact. Subsequent interpretations of the Delgado exception in New Mexico and other jurisdictions employing a similar standard have defined narrow boundaries and severely limited the scope of its coverage. As a result, Franchini\\u27s admonition, however dramatic in putting employers on notice that they will be held to stricter standards for protecting their employees, effectively seems to signify nothing beyond the unique facts presented by Delgado. The following discussion illustrates how Delgado is likely to come into play only in those rare instances where an employer\\u27s conduct is particularly egregious and the underlying facts are specifically analogous to those which led to the death of Reynaldo Delgado

Soundscape enrichment enhances recruitment and habitat building on new oyster reef restorations

Published online: January 20231. Marine soundscapes provide important navigational cues to dispersing larvae in search of suitable habitat. Yet, widespread habitat loss has degraded marine soundscapes and their functional role in recruitment. Habitat restoration efforts can provide suitable substrate for habitat regeneration, such as constructing reefs to facilitate recruitment and habitat growth by oysters, but typically occur where soundscapes are degraded and recruitment is limited. Enhancing marine soundscapes on newly constructed reefs using speaker technology may ensure sufficient recruitment to establish a trajectory of recovery for the desired habitat. 2. Across two of the largest oyster reef restorations in Australia, we deployed low-cost marine speakers at four sites and at three times throughout the recruitment season to test whether soundscape enrichment could boost recruitment and habitat formation by oysters. In the presence and absence of soundscape playback, we compared oyster recruitment rates to settlement panels across space and time, and oyster habitat cover and three-dimensional habitat building on newly constructed boulder reefs. 3. On the settlement panels deployed across the two reef restorations, soundscape playback significantly increased oyster recruitment at 8 of the 10 sites by an average (±1 SE) 5.1 ± 1.9 times (5281 ± 1384 more larvae per m2), and by as much as 18 times. 4. On boulders atop newly constructed reefs, where the restoration goal is for oysters to form three-dimensional habitat, the surface area covered by oysters after 5 months did not differ between speaker and control treatments. However, soundscape playback appeared to influence the earlier recruitment of oysters, resulting in significantly more large oysters per boulder that formed significantly more three-dimensional habitat building by an average 4.3 ± 1.2 times relative to nonspeaker controls. 5. Synthesis and applications. Our results show that using speakers to enrich marine soundscapes at new restoration sites can boost oyster recruitment, resulting in more larger oysters that form more three-dimensional habitat atop reef restorations. In accelerating the formation of these vertical growth forms, which provide the ecological functions that motivate restoration efforts, the early application of speaker technology on new reef restorations may help steer ecological succession on a trajectory of desired habitat recovery, potentially reducing the substantial cost of ongoing intervention.Dominic McAfee, Brittany R. Williams, Lachlan McLeod, Andreas Reuter, Zak Wheaton, Sean D. Connel

Turning a lost reef ecosystem into a national restoration program

Achieving a sustainable socioecological future now requires large-scale environmental repair across legislative borders. Yet, enabling large-scale conservation is complicated by policy-making processes that are disconnected from socioeconomic interests, multiple sources of knowledge, and differing applications of policy. We considered how a multidisciplinary approach to marine habitat restoration generated the scientific evidence base, community support, and funding needed to begin the restoration of a forgotten, functionally extinct shellfish reef ecosystem. The key actors came together as a multidisciplinary community of researchers, conservation practitioners, recreational fisher communities, and government bodies that collaborated across sectors to rediscover Australia's lost shellfish reefs and communicate the value of its restoration. Actions undertaken to build a case for large-scale marine restoration included synthesizing current knowledge on Australian shellfish reefs and their historical decline, using this history to tell a compelling story to spark public and political interest, integrating restoration into government policy, and rallying local support through community engagement. Clearly articulating the social, economic, and environmental business case for restoration led to state and national funding for reef restoration to meet diverse sustainability goals (e.g., enhanced biodiversity and fisheries productivity) and socioeconomic goals (e.g., job creation and recreational opportunities). A key lesson learned was the importance of aligning project goals with public and industry interests so that projects could address multiple political obligations. This process culminated in Australia's largest marine restoration initiative and shows that solutions for large-scale ecosystem repair can rapidly occur when socially valued science acts on political opportunities

Effectiveness of a national quality improvement programme to improve survival after emergency abdominal surgery (EPOCH): a stepped-wedge cluster-randomised trial

Background: Emergency abdominal surgery is associated with poor patient outcomes. We studied the effectiveness of a national quality improvement (QI) programme to implement a care pathway to improve survival for these patients. Methods: We did a stepped-wedge cluster-randomised trial of patients aged 40 years or older undergoing emergency open major abdominal surgery. Eligible UK National Health Service (NHS) hospitals (those that had an emergency general surgical service, a substantial volume of emergency abdominal surgery cases, and contributed data to the National Emergency Laparotomy Audit) were organised into 15 geographical clusters and commenced the QI programme in a random order, based on a computer-generated random sequence, over an 85-week period with one geographical cluster commencing the intervention every 5 weeks from the second to the 16th time period. Patients were masked to the study group, but it was not possible to mask hospital staff or investigators. The primary outcome measure was mortality within 90 days of surgery. Analyses were done on an intention-to-treat basis. This study is registered with the ISRCTN registry, number ISRCTN80682973. Findings: Treatment took place between March 3, 2014, and Oct 19, 2015. 22 754 patients were assessed for elegibility. Of 15 873 eligible patients from 93 NHS hospitals, primary outcome data were analysed for 8482 patients in the usual care group and 7374 in the QI group. Eight patients in the usual care group and nine patients in the QI group were not included in the analysis because of missing primary outcome data. The primary outcome of 90-day mortality occurred in 1210 (16%) patients in the QI group compared with 1393 (16%) patients in the usual care group (HR 1·11, 0·96–1·28). Interpretation: No survival benefit was observed from this QI programme to implement a care pathway for patients undergoing emergency abdominal surgery. Future QI programmes should ensure that teams have both the time and resources needed to improve patient care. Funding: National Institute for Health Research Health Services and Delivery Research Programme

Effectiveness of a national quality improvement programme to improve survival after emergency abdominal surgery (EPOCH): a stepped-wedge cluster-randomised trial

BACKGROUND: Emergency abdominal surgery is associated with poor patient outcomes. We studied the effectiveness of a national quality improvement (QI) programme to implement a care pathway to improve survival for these patients. METHODS: We did a stepped-wedge cluster-randomised trial of patients aged 40 years or older undergoing emergency open major abdominal surgery. Eligible UK National Health Service (NHS) hospitals (those that had an emergency general surgical service, a substantial volume of emergency abdominal surgery cases, and contributed data to the National Emergency Laparotomy Audit) were organised into 15 geographical clusters and commenced the QI programme in a random order, based on a computer-generated random sequence, over an 85-week period with one geographical cluster commencing the intervention every 5 weeks from the second to the 16th time period. Patients were masked to the study group, but it was not possible to mask hospital staff or investigators. The primary outcome measure was mortality within 90 days of surgery. Analyses were done on an intention-to-treat basis. This study is registered with the ISRCTN registry, number ISRCTN80682973. FINDINGS: Treatment took place between March 3, 2014, and Oct 19, 2015. 22 754 patients were assessed for elegibility. Of 15 873 eligible patients from 93 NHS hospitals, primary outcome data were analysed for 8482 patients in the usual care group and 7374 in the QI group. Eight patients in the usual care group and nine patients in the QI group were not included in the analysis because of missing primary outcome data. The primary outcome of 90-day mortality occurred in 1210 (16%) patients in the QI group compared with 1393 (16%) patients in the usual care group (HR 1·11, 0·96-1·28). INTERPRETATION: No survival benefit was observed from this QI programme to implement a care pathway for patients undergoing emergency abdominal surgery. Future QI programmes should ensure that teams have both the time and resources needed to improve patient care. FUNDING: National Institute for Health Research Health Services and Delivery Research Programme

Doctor of Philosophy

dissertationGiven a real reductive linear Lie group G, consider the nite set D of Langlands parameters corresponding to (in nitesimal equivalence classes of) irreducible admissible representations of G having in nitesimal character . We may construct a free Z[q; q 1]-moduleMwith two bases ft g; fc g (respectively the \standard" and \irreducible" basis of M), each indexed by elements 2 D, and with change of basis given by the so-called Kazhdan-Lustig-Vogan polynomials. This module M admits an action of the Hecke algebra H(W), where W is the complex Weyl group of G. The action of H(W) on the irreducible basis of M allows us to de ne a partial ordering on D; the equivalence classes C of D induced by this partial ordering are called cells of D. Now, let be an involutive automorphism of G which preserves a xed Borel subgroup B G. The action of on G induces an action of on both the set D and the complex Weyl group W, and we let D and W be the respective sets of xed points under this action. As above, we may construct a free Z[q; q 1]-module M with two bases ft g; fc g (the \standard" and \irreducible" bases of M ), each indexed by elements 2 D . The module M admits an action of the unequal parameter Hecke algebra H (W ), and in the same fashion as above, the action of H (W ) on the irreducible basis of M induces a partition of the set D into equivalence classes C called twisted cells. In this dissertation, we investigate the relationship between twisted and untwisted cells. In particular, we conjecture that each twisted cell C of D , when viewed as a subset of D, is completely contained in some untwisted cell C of D. We give partial results to support this conjecture in the case of an arbitrary real reductive linear Lie group G, and describe a method to prove the conjecture in the case of G = U(n; n)

Non-contact measurement system for hot water drilled ice boreholes

A programmable borehole measurement system was deployed in hot water drilled ice holes during the ‘Bed Access and Monitoring of Ice Sheet History’ (BEAMISH) project to drill to the bed of the Rutford Ice Stream in West Antarctica. This system operates autonomously (no live data) after deployment, and records borehole diameter (non-contact measurement), water column pressure, heading and inclination. Three cameras, two sideways looking and one vertical, are also included for visual inspection of hole integrity and sediments. The system is small, lightweight (~35.5 kg) and low power using only 6 ‘D’ cell sized lithium batteries, making it ideal for transport and use in remote field sites. The system is 2.81 m long and 165 mm in diameter, and can be deployed attached to the drill hose for measurements during drilling or on its own deployment line afterwards. The full system is discussed in detail, highlighting design strengths and weaknesses. Data from the BEAMISH project are also presented in the form of camera images showing hole integrity, and sensor data used to calculate borehole diameter through the full length of the hole. These data are used to show confidence in hole verticality and subsurface cavity development and connection

A social media intervention for cannabis use among emerging adults: Randomized controlled trial

PurposeCannabis use is increasing among emerging adults (ages 18-25), necessitating the need for prevention interventions. Using a novel platform - social media - we developed an 8-week motivational interviewing and cognitive-behavioral intervention targeting cannabis use among emerging adults. Herein, we report on the feasibility and acceptability of the intervention in a pilot trial.ProceduresFor NCT04187989 we recruited N = 149 emerging adults who used cannabis (at least 3 times/week for the past month) using social media advertising. Their mean age was 21.0 years (SD = 2.2); 55.7% were female. Most were White (70.5%; 20.1% Black/African American, 9.4% Other races), with 20.1% identifying as Hispanic/Latinx. Participants were randomized to the 8-week intervention or an 8-week attention-placebo control condition, both delivered in secret Facebook groups by electronic health coaches (e-coaches). Follow-up assessments occurred at 3- and 6-months.ResultsThe intervention was well-received and follow-up rates were high; fidelity was good. Intervention participants rated e-coaches significantly higher in terms of helpfulness, warmth, etc., compared to control participants. Intervention participants were more likely to engage with and recommend the group. In terms of percentage reductions in cannabis outcomes, the intervention group evidenced absolute reductions over time in several measures of cannabis consumption across modalities. In an adjusted model, reductions in vaping days in the intervention group, relative to attention-control, reached statistical significance (p = .020, D =.40).ConclusionsThis social media intervention for emerging adults' cannabis use was feasible and acceptable in the target population warranting future testing in a fully powered trial

Perceived impacts of the COVID-19 pandemic on cannabis-using emerging adults

Cannabis-using youth are a large epidemiologic subgroup whose age and smoking-related risks underscore the importance of examining the impact of the COVID-19 pandemic in this population. Within a clinical trial (n = 36 received an intervention prior to data collection reported herein), we surveyed cannabis-using emerging adults (ages 18-25) about perceived COVID-19 impacts. Participants (n = 141) reporting weekly cannabis use (M = 18.6 use days in the past 30) were enrolled and completed online surveys as part of either their baseline or 3 month assessment. COVID-19-related measures included symptoms, substance use, mood, etc. Participants were 57% female (mean age = 21, standard deviation = 2.2), with 21% Hispanic/Latinx, 70% White, 20% Black/African American, and 10% of other races. Most participants (86%) reported quarantine/self-isolation (M = 59 days). Several had COVID-19 symptoms (16%), but none reported testing COVID-19 positive. Many respondents felt their cannabis use (35%-50%, across consumption methods) and negative emotions (e.g., loneliness, stress, and depression; 69.5%, 69.5%, and 61.8%, respectively) increased. They reported decreased in-person socialization (90.8%) and job losses (23.4%). Reports of increased cannabis smoking were associated with increased negative emotions. On an open-response item, employment/finances and social isolation were frequently named negative impacts (33.3% and 29.4%, respectively). Although cannabis-using emerging adults' reports of increases in cannabis use, coupled with mental health symptoms and social isolation, are concerning, the full impact of the pandemic on their health and well-being remains unknown. Future studies examining the relationship between social isolation, mental health, and cannabis use among young people are needed