They Can’t Take that Away from Me: An Indemnification Solution to Unmerited VARA Claims

This Note argues that market participants should be indemnified against legally baseless revocations of attribution by living artists. Noland justifies her disavowals under the Visual Artists Rights Act of 1990 (“VARA”), the American answer to the French concept of droit moral or moral rights.8 Moral rights provide artists with control over the integrity and attribution of their art even after it has been sold. In a narrow set of circumstances, VARA permits a living artist to disavow her works if they have been modified so extensively as to be prejudicial to the artist’s reputation (excepting changes caused by aging or conservation).9 But there is a dearth of case law defining terms like modification, prejudice, and reputation. Even among Noland’s disavowals there is variation: she revoked authorship of the aluminum print Cowboys Milking because she perceived wear on its corners, and of the wooden building façade Log Cabin because conservators allegedly rebuilt the entire piece without permission.10 Noland is one of relatively few artists to bring lawsuits under VARA, and research for this Note has uncovered no cases of an owner or other stakeholder suing an artist for improperly invoking VARA. Even if a party were to sue Noland for abusing VARA and successfully obtain an injunction forcing her to legally affirm authorship of a work, this would likely not remedy the market damage caused by her public disavowal. No matter the conclusion of a court, collectors are unlikely to invest millions of dollars in art unsupported by its creator. Unfortunately, moral rights law in the United States has not yet addressed this situation. This Note proposes that the indemnification solutions contained in the droit moral provide a possible solution to the problems that result when an artist disavows her art without legal cause

Bloody Foundation? Ethical and Legal Implications of (Not) Removing the Equestrian Statue of Theodore Roosevelt at the American Museum of Natural History

On October 26, 2017, protestors calling themselves the Monument Removal Brigade (“MRB”) splashed red paint on the base of a statue of Theodore Roosevelt outside the American Museum of Natural History (“AMNH,” “Museum,” or “Natural History Museum”) in New York City as a form of public protest art. This 1939 sculpture by American artist James Earle Fraser (the “Equestrian Statue of Theodore Roosevelt” or “Equestrian Statue”) portrays the twenty-sixth president of the United States sitting upon a horse, flanked on either side by a standing African man and Native American man intended to represent their respective continents. On its anonymous blog, MRB called for the statue’s removal and claimed, “[t]he true damage lies with patriarchy, white supremacy, and settler-colonialism embodied by the statue.” The Mayoral Advisory Commission on City Art, Monuments, and Markers (the “Commission”) conducted a study of controversial monuments on public land in New York City and was unable to agree on an appropriate fate for the AMNH statue; for this reason, it has remained in place for the time being. In July of 2019, the AMNH opened a special exhibition entitled Addressing the Statue. This AMNH protest occurred within a larger national conversation about the place of public monuments, especially those commemorating leaders of the Confederacy. But the current debate often lacks scholarly rigor, with little consideration of the history, intention, or artistic merit of the monuments in question, or the federal, state, local, and administrative laws governing their removal or modification. This Article draws upon the disciplines of art history, museum studies, and the law to contextualize the AMNH Equestrian Statue and expand upon the Commission’s and AMNH’s analyses to develop a suggested framework for considering controversial monuments in the future

Evidence for energy conservation during pubertal growth. A 10-year longitudinal study (EarlyBird 71)

BACKGROUND: Diabetes is closely linked to obesity, and obesity rates climb during adolescence for reasons that are not clear. Energy efficiency is important to obesity, and we describe a temporary but substantial fall in absolute energy expenditure, compatible with improved energy efficiency, during the rapid growth phase of puberty. METHODS: In a longitudinal cohort study lasting 10 years, we measured voluntary energy expenditure as physical activity (PA) by accelerometry, involuntary energy expenditure as resting energy expenditure (REE) by oxygen consumption, body mass index (BMI) and body composition by dual energy X-ray absorptiometry annually on 10 occasions from 7 to 16 years in the 347 children of the EarlyBird study. We used mixed effects modelling to analyse the trends in REE and their relationship to BMI, lean mass (LM), fat mass (FM), age, PA and pubertal stage. RESULTS: Relative REE and total PA fell during puberty, as previously described, but the longitudinal data and narrow age-range of the cohort (s.d.±4m) revealed for the first time a substantial fall in absolute REE during the period of maximum growth. The fall became clearer still when adjusted for FM and LM. The fall could not be explained by fasting insulin, adiponectin, leptin, luteinising hormone or follicle stimulating hormone. CONCLUSIONS: There appears to be a temporary but substantial reduction in energy expenditure during puberty, which is unrelated to changes in body composition. If it means higher energy efficiency, the fall in REE could be advantageous in an evolutionary context to delivering the extra energy needed for pubertal growth, but unfavourable to weight gain in a contemporary environment.International Journal of Obesity advance online publication, 4 October 2016; doi:10.1038/ijo.2016.158.We are grateful to the Bright futures trust, Fountain Foundation, BUPA Foundation, EarlyBird Diabetes Trust and countless individual donors who made this study possible

REM observations of GRB060418 and GRB060607A: the onset of the afterglow and the initial fireball Lorentz factor determination

Context. Gamma-ray burst (GRB) emission is believed to originate in highly relativistic fireballs. Aims. Currently, only lower limits were securely set to the initial fireball Lorentz factor Γο. We aim to provide a direct measure of Γο. Methods. The early-time afterglow light curve carries information about Γο, which determines the time of the afterglow peak. We have obtained early observations of the near-infrared afterglows of GRB 060418 and GRB 060607A with the REM robotic telescope. Results. For both events, the afterglow peak could be clearly singled out, allowing a firm determination of the fireball Lorentz of Γο ~400, fully confirming the highly relativistic nature of GRB fireballs. The deceleration radius was inferred to be R[dec] ≈ 10¹⁷ cm. This is much larger than the internal shocks radius (believed to power the prompt emission), thus providing further evidence for a different origin of the prompt and afterglow stages of the GRB

Enhancing organisational competitiveness via social media - a strategy as practice perspective

The affordances, popularity and pervasive use of social media platforms such as Facebook, Twitter and Instagram have made these platforms attractive to organisations for enhancing their competitiveness and creating business value. Despite this apparent significance of social media for businesses, they are struggling with the development of a social media strategy as well as understanding the implications of social media on practice within their organisations. This paper explores how social media has become a tool for competitiveness and its influence on organisational strategy and practice. Using the 'strategy as practice' lens and guided by the interpretivist philosophy, this paper uses the empirical case of a telecom organisation in Tanzania. The findings show that social media is influencing competitiveness through imitation and product development. Also, the findings indicate how social media affects the practices within an organisation, consequently making the social media strategy an emergent phenomenon

TOI-3785 b: A Low-Density Neptune Orbiting an M2-Dwarf Star

Using both ground-based transit photometry and high-precision radial velocity (RV) spectroscopy, we confirm the planetary nature of TOI-3785 b. This transiting Neptune orbits an M2-Dwarf star with a period of ~4.67 days, a planetary radius of 5.14 +/- 0.16 Earth Radii, a mass of 14.95 +4.10, -3.92 Earth Masses, and a density of 0.61 +0.18, -0.17 g/cm^3. TOI-3785 b belongs to a rare population of Neptunes (4 Earth Radii < Rp < 7 Earth Radii) orbiting cooler, smaller M-dwarf host stars, of which only ~10 have been confirmed. By increasing the number of confirmed planets, TOI-3785 b offers an opportunity to compare similar planets across varying planetary and stellar parameter spaces. Moreover, with a high transmission spectroscopy metric (TSM) of ~150 combined with a relatively cool equilibrium temperature of 582 +/- 16 K and an inactive host star, TOI-3785 b is one of the more promising low-density M-dwarf Neptune targets for atmospheric follow-up. Future investigation into atmospheric mass loss rates of TOI-3785 b may yield new insights into the atmospheric evolution of these low-mass gas planets around M-dwarfs.Comment: 22 pages, 6 figures, 6 tables, Submitted to A

TOI-3984 A b and TOI-5293 A b: two temperate gas giants transiting mid-M dwarfs in wide binary systems

We confirm the planetary nature of two gas giants discovered by TESS to transit M dwarfs with stellar companions at wide separations. TOI-3984 A ($J=11.93$) is an M4 dwarf hosting a short-period ($4.353326 \pm 0.000005$ days) gas giant ($M_p=0.14\pm0.03~\mathrm{M_{J}}$ and $R_p=0.71\pm0.02~\mathrm{R_{J}}$) with a wide separation white dwarf companion. TOI-5293 A ($J=12.47$) is an M3 dwarf hosting a short-period ($2.930289 \pm 0.000004$ days) gas giant ($M_p=0.54\pm0.07~\mathrm{M_{J}}$ and $R_p=1.06\pm0.04~\mathrm{R_{J}}$) with a wide separation M dwarf companion. We characterize both systems using a combination of ground-based and space-based photometry, speckle imaging, and high-precision radial velocities from the Habitable-zone Planet Finder and NEID spectrographs. TOI-3984 A b ($T_{eq}=563\pm15$ K and $\mathrm{TSM}=138_{-27}^{+29}$) and TOI-5293 A b ($T_{eq}=675_{-30}^{+42}$ K and $\mathrm{TSM}=92\pm14$) are two of the coolest gas giants among the population of hot Jupiter-sized gas planets orbiting M dwarfs and are favorable targets for atmospheric characterization of temperate gas giants and three-dimensional obliquity measurements to probe system architecture and migration scenarios.Comment: Submitted to AJ, 42 pages, 14 figures. arXiv admin note: substantial text overlap with arXiv:2201.0996

TOI-2015b: A Warm Neptune with Transit Timing Variations Orbiting an Active mid M Dwarf

We report the discovery of a close-in ($P_{\mathrm{orb}} = 3.349\:\mathrm{days}$) warm Neptune with clear transit timing variations (TTVs) orbiting the nearby ($d=47.3\:\mathrm{pc}$) active M4 star, TOI-2015. We characterize the planet's properties using TESS photometry, precise near-infrared radial velocities (RV) with the Habitable-zone Planet Finder (HP) Spectrograph, ground-based photometry, and high-contrast imaging. A joint photometry and RV fit yields a radius $R_p~=~3.37_{-0.20}^{+0.15} \:\mathrm{R_\oplus}$, mass $m_p~=~16.4_{-4.1}^{+4.1}\:\mathrm{M_\oplus}$, and density $\rho_p~=~2.32_{-0.37}^{+0.38} \:\mathrm{g cm^{-3}}$ for TOI-2015b, suggesting a likely volatile-rich planet. The young, active host star has a rotation period of $P_{\mathrm{rot}}~=~8.7 \pm~0.9~\mathrm{days}$ and associated rotation-based age estimate of $1.1~\pm~0.1\:\mathrm{Gyr}$. Though no other transiting planets are seen in the TESS data, the system shows clear TTVs of super period $P_{\mathrm{sup}}~\approx~430\:\mathrm{days}$ and amplitude $\sim$$100\:\mathrm{minutes}$. After considering multiple likely period ratio models, we show an outer planet candidate near a 2:1 resonance can explain the observed TTVs while offering a dynamically stable solution. However, other possible two-planet solutions -- including 3:2 and 4:3 resonance -- cannot be conclusively excluded without further observations. Assuming a 2:1 resonance in the joint TTV-RV modeling suggests a mass of $m_b~=~13.3_{-4.5}^{+4.7}\:\mathrm{M_\oplus}$ for TOI-2015b and $m_c~=~6.8_{-2.3}^{+3.5}\:\mathrm{M_\oplus}$ for the outer candidate. Additional transit and RV observations will be beneficial to explicitly identify the resonance and further characterize the properties of the system.Comment: 28 pages, 15 figures, 6 tables. As submitted to AAS Journal

Uncovering a Massive z~7.65 Galaxy Hosting a Heavily Obscured Radio-Loud QSO Candidate in COSMOS-Web

In this letter, we report the discovery of the highest redshift, heavily obscured, radio-loud QSO candidate selected using JWST NIRCam/MIRI, mid-IR, sub-mm, and radio imaging in the COSMOS-Web field. Using multi-frequency radio observations and mid-IR photometry, we identify a powerful, radio-loud (RL), growing supermassive black hole (SMBH) with significant spectral steepening of the radio SED ($f_{1.32 \mathrm{GHz}} \sim 2$ mJy, $q_{24\mu m} = -1.1$, $\alpha_{1.32-3\mathrm{GHz}}=-1.2$, $\Delta \alpha = -0.4$). In conjunction with ALMA, deep ground-based observations, ancillary space-based data, and the unprecedented resolution and sensitivity of JWST, we find no evidence of QSO contribution to the UV/optical/NIR data and thus infer heavy amounts of obscuration (N$_{\mathrm{H}} > 10^{23}$ cm$^{-2}$). Using the wealth of deep UV to sub-mm photometric data, we report a singular solution photo-z of $z_\mathrm{phot}$ = 7.65$^{+0.4}_{-0.3}$ and estimate an extremely massive host-galaxy ($\log M_{\star} = 11.92 \pm 0.06\,\mathrm{M}_{\odot}$). This source represents the furthest known obscured RL QSO candidate, and its level of obscuration aligns with the most representative but observationally scarce population of QSOs at these epochs.Comment: Submitted to ApJL, Comments welcom