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Painting Preemption With The Wrong Brush: The Misapplication Of The Preemption Doctrines In Von Saher V. Norton Simon Museum Of Art, Alexis H. Rossman
Painting Preemption With The Wrong Brush: The Misapplication Of The Preemption Doctrines In Von Saher V. Norton Simon Museum Of Art, Alexis H. Rossman
Alexis H. Rossman
Adolf Hitler and the Nazis looted thousands of works of art throughout World War II. After the war, many pieces were not returned to the rightful owners but instead remained in public and private collections throughout the United States and abroad. California enacted California Code of Civil Procedure Section 354.3 in response to difficulties encountered by plaintiffs seeking to recover these pieces. The statute created a forum in California courts for plaintiffs to bring claims as rightful owners of Holocaust-era artwork. The Ninth Circuit recently found that this statute was preempted by the federal government’s exclusive power to conduct foreign …
The New Battleground Of Museum Ethics And Holocaust Era Claims: Technicalities Trumping Justice Or Responsible Stewardship For The Public Trust?, Jennifer Kreder
The New Battleground Of Museum Ethics And Holocaust Era Claims: Technicalities Trumping Justice Or Responsible Stewardship For The Public Trust?, Jennifer Kreder
Jennifer Kreder
How should museums, collectors and governments handle the ever-increasing number of claims that art in their collections had been looted or subject to a forced sale? Museums can restitute art only if presented with solid proof of looting or else they would violate fiduciary obligations to manage their collections in trust for the public. The current wave of claims attempts to expand the definition of “forced sale” to include all property sold as a result of discriminatory economic persecution during the Nazi era. If courts hearing the many currently pending claims adopt such a definition, the number of art objects …