What Happens When the Public Wants to Remove Public Art? The Second Circuit Weighs In On One Recent VARA Case

n 1990, the Visual Artists’ Rights Act (VARA) became a welcome addition to the federal Copyright Act of 1976. VARA was the first time the “moral rights” of an artist were federally protected in the United States. Moral rights are commonly understood to provide attribution to artists and protect the integrity of visual art pieces. Under VARA, this means authors have a right to claim authorship on pieces they create, prevent the use of their name on a work they did not create, and prohibit the destruction of works of “recognized statute” (both intentional and through gross negligence). The law aims to prevent intentional distortion or modification of visual art pieces that is “prejudicial” to the artists’ “honor or reputation.” This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 10, 2023. The original post can be accessed via the Archived Link button above

Advancing competency in managing risk and knowledge: Steps toward operationalisation of the Risk-Knowledge Infinity Cycle (RKI Cycle) - Part 1: Improving effectiveness of Risk-Based Decision Making (RBDM)

To date, literature on the Risk-Knowledge Infinity Cycle (RKI Cycle) has mainly been theoretical. This paper series intent is to focus on the operationalisation of the RKI Cycle by describing a series of steps – the “How to” – for RKI Cycle deployment, to help move the RKI Cycle from theory to practice. The first paper in this series focuses on how the RKI Cycle can support effective Risk-Based Decision Making (RBDM)

Evaluation of Damage to a Road and Sports Complex on Expansive Clays

The paper discusses a road rehabilitation project and a sports complex, where the underlying in situ materials were typical African black cotton soils known for their expansive characteristics. Field investigations were undertaken to discern the main causes of the pavement distress and the serious damage to roads and structures encountered at a large sports complex with the support of quantitative data from test pits and with laboratory test results. In addition, available design documents and construction records were reviewed to identify key aspects that may have contributed to the observed excessive cracking of the road pavement and damage to both roads and structures at the sports complex. The results of the investigations indicated that the in situ materials were both potentially highly active. It was concluded that either inadequate precautionary measures were taken against heave during the design phase, an indication of the lack of appreciation of the behavior of expansive clay, or that poor supervision and control during construction and commissioning negated many of the design innovations

Mathematical Modelling of Oxygen and Glucose Conditions for Mesenchymal Stem Cells in Culture and Bone Marrow

EngD ThesisThe prevalence of 3D tissue culture systems is increasing in order to overcome the perceived limitations of 2D culture in terms of providing a biomimetic niche for cells. However, the move to 3D systems requires that the availability of nutrients and oxygen within a 3D system is understood. The aim of this project was to develop mathematical models which would allow conditions in 2D and 3D culture and in vivo to be better understood. A mass transfer model was developed using physical data from experiments, the conservation of mass and Fick’s law of diffusion, using the 2D and 3D culture of mesenchymal stromal cells as an exemplar system. The model was then used to create oxygen and glucose profiles in 2D and 3D (spheroids and suspension) culture to provide a basis for comparison between the different systems. Predicted mass transfer of oxygen was found not to be affected by spheroid culture when compared to 2D culture, however mass transfer of glucose was restricted creating significant glucose concentration gradients through the spheroids. The predicted profiles in spheroid culture were applied to other culture systems with the aim of inducing the changes observed in the mesenchymal stromal cells in spheroid culture Altered glucose concentrations were not sufficient to induce dedifferentiation in 2D adherent mesenchymal stromal cells nor result in the same cell size decrease as seen in 3D spheroid culture. Using suspension cultures, a comparable size decrease to 3D spheroid culture was observed. Mass transfer modelling of the in vivo mesenchymal stromal cells environment in bone marrow was also developed to compare the in vitro culture conditions to the natural environment. It is concluded that oxygen concentrations within cell culture are lower than in bone marrow but relatively stable in the culture systems modelled. Glucose concentrations are significantly reduced within spheroid culture

Justice and Care: Decision Making of Medical School Student Promotions Committees

Accreditation standards for allopathic medical schools in the United States require that each institution have in place a mechanism by which student progress through the curriculum is monitored. These entities, referred to here as promotions committees, make important decisions in a high stakes medical education environment. Yet little is currently known about how promotions committee members make decisions about students who experience academic failures and lapses in professional behavior. Using the work of Lawrence Kohlberg and Carol Gilligan on moral development as a theoretical basis, the purpose of this study was to elucidate committee members’ perceptions of the role of promotions committees, the ethical orientations that guide individual decision making, and the influence of particular student characteristics and circumstances on that decision making process. An electronic survey was sent to representatives at 143 accredited allopathic medical schools in the United States with a request to distribute the survey to all voting members of that institution’s promotions committee. Survey questions were primarily quantitative in nature. A total of 241 surveys were completed by individuals at 55 medical schools. Data were examined by gender, age, participant role (medical student, faculty member, administrator), and years of committee experience. Major findings included the concurrent orientations of both justice and care in individual decision making, with some prioritization of responsiveness to particular student characteristics and circumstances over consistency across student cases. Significant differences by age, role and gender were identified, but these were limited in number. The aspects of student cases that were most influential to committee member decision making concerned student characteristics and circumstances that could reasonably be considered as being within the students’ control, in particular lapses in professional behavior. Recommendations for future research and promotions committee member training were discussed

Every breath you take: An examination of the natural phenomenon of stalking

Everyone is a potential stalker, given the right set of circumstances. There are a vast number of tools readily available—from social media networking to easily accessible websites that provide background checks for a minimal fee—that allow individuals to observe the life (or lives) of whomever they so desire. But what are the innate, essential traits and characteristics of an individual that extends beyond the more normative expression of romantic interest and the general curiosity that is a natural and accepted occurrence for anyone who has ever been infatuated with another? This paper will consider the intentionality and motivation behind stalking, including cyber-stalking, as well as the general obsessive behavior that acts as a proclivity toward stalking and ultimately conclude that everyone is a potential stalker and, further, that we as a society are being conditioned by the media—particularly social media—to accept stalking as a natural phenomenon

Bankruptcy courts ill-prepared for tsunami of people going broke from coronavirus shutdown

As more Americans lose all or part of their incomes and struggle with mounting debts, another crisis looms: a wave of personal bankruptcies. Bankruptcy can discharge or erase many types of debts and stop foreclosures, repossessions and wage garnishments. But our research shows the bankruptcy system is difficult to navigate even in normal times, particularly for minorities, the elderly and those in rural areas

Cancer and quality of life in spousal dyads: spillover in couples with and without cancer-related health problems

Abstract Purpose Poor health of one spouse can adversely influence the partner's health outcomes (Bspillover^). This study aimed to estimate quality of life spillover among spouses and to determine how presence of cancer influenced these effects. Methods We examined data on husband-wife dyads with cancer-related health problems, medical events, or disabilities (n=910) and matched comparison dyads from the 2004-2012 Medical Expenditures Panel Survey, a population-based survey of the USA. Mental and physical health-related quality of life and depressed mood were reported at two time points (T1 and T2, 11 months apart on average). Dyadic multilevel models evaluated the cross-lagged impact of HRQoL and depressed mood at T1 on spouses' HRQoL at T2, controlling for sociodemographics and health conditions. Results Small but statistically significant spillover was observed for mental and physical HRQoL among couples with cancer. Spillover occurred from both the spouse to the survivor and from survivor to spouse. Depressed mood, in particular, showed stronger spillover effects from the spouse to the survivor than the inverse. Similar effects were not observed in dyads without cancer. Conclusions Screening for and treating poor HRQoL and depressed mood concurrently in both cancer survivors, and their spouses may positively influence HRQoL outcomes. Future research is needed to further elucidate these findings and determine whether a concurrent approach to psychosocial care in survivors and their spouses may improve long-term outcomes

A laboratory procedure using the dynamic cone penetrometer for assessing the suitability of materials for low volume roads

In order to minimise the cost of constructing low volume roads (LVRs), optimum use must be made of locally available, naturally occurring materials. However, conflicts often arise between material acceptability, as defined by conventional test methods and specifications, and material suitability in terms of actual engineering performance as a “fitness-for-purpose” road construction material. It is crucial to adopt appropriate test methods and specifications for selecting acceptable construction materials to avoid such conflicts. This paper presents a laboratory procedure using the Dynamic Cone Penetrometer (DCP) to assess materials' suitability for use in LVRs. This approach enables materials to be selected based on their “fitness-for-purpose”. It prevents suitable materials from being rejected based on one or other traditionally specified parameters not being complied with, even though their strength, as measured by the DCP penetration rate (DN value in mm/blow) of the soil, may be adequate. Investigations of the properties of a wide range of locally available materials that have been used successfully in the construction of LVRs have confirmed the validity of the materials evaluation framework.Papers presented at the 40th International Southern African Transport Conference on 04 -08 July 202

How We Close the Gaps: Our Interprofessional Team Approach to Meeting Quality Measures

Define the role/function of an interprofessional team in the management of complex outpatients. Identify the types of patients that would benefit most from a team-based approach. Implement elements of our team-based patient care model into individual practices