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Full-Text Articles in Law
Foreword, Jessica Silbey
Foreword, Jessica Silbey
Faculty Scholarship
Most of us think we are familiar with graffiti – lettering on trains or graphic images on walls that follow us as we walk by. But Enrico Bonadio’s new book on graffiti and street art opens a door to more complex and nuanced worlds of artists and their communities. The focus is on everyday creators of graffiti and street art. Built from nearly 100 interviews and hundreds of hours of observation, the book is filled with the voices of artists and vivid details of their plein air studios and interactions. Also present in the book is the author, who weaves …
Art In The Shadow Of The Law, Brian L. Frye
Art In The Shadow Of The Law, Brian L. Frye
Law Faculty Popular Media
While precious little law is specific to art, a rich and complex body of social norms and customs effectively governs artworld transactions and informs the resolution of artworld disputes. In any case, a smattering of scholars study art law and a similar number of lawyers practice it. In this essay, I will provide a brief overview of art law from three different perspectives: the artist, the art market, and the art museum.
Bruised Soul Of The Artist: A Tribute To Sheldon W. Halpern, Anita L. Allen
Bruised Soul Of The Artist: A Tribute To Sheldon W. Halpern, Anita L. Allen
All Faculty Scholarship
In an unusual case, Scottish-born painter Peter Doig was accused of wrongfully denying the authenticity of a painting he insisted he did not paint, to the financial detriment of the work’s owner. Doig won the case against him, which commenced in 2013 and continued for three years. United States District Judge Gary Feinerman ultimately ruled that the evidence presented in a week-long trial proved “conclusively” that Doig did not paint the plaintiff owner’s painting. The case raised concerns about whether a living artist should ever be required by law to authenticate a work of art ascribed to him or her …
Rubin V. Islamic Republic Of Iran, 1997-2015, Gabrielle Goodwin
Rubin V. Islamic Republic Of Iran, 1997-2015, Gabrielle Goodwin
Articles by Maurer Faculty
The case of Rubin v. Islamic Republic of Iran reads like a blockbuster movie with an all-star cast. A terrorist organization blows up a crowded shopping mall in Jerusalem, killing and injuring Americans in the process. Some of those severely injured sue the nation of Iran for their part in supporting Hamas, who carried out the bombing. Iran never makes a court appearance, so the plaintiffs win a default judgment for hundreds of millions of dollars. However, in trying to get some money out of Iran, the plaintiffs try to attach property in the United States, which may or may …
Art Deaccessions And The Limits Of Fiduciary Duty, Sue Chen
Art Deaccessions And The Limits Of Fiduciary Duty, Sue Chen
Duke Law Student Papers Series
Art deaccessions prompt lawsuits against museums, and some commentators advocate using the stricter trust standard of care, instead of the prevailing corporate standard (business judgment rule), to evaluate the conduct of non‑profit museum boards. This Article explores the consequences of adopting the trust standard by applying it to previously unavailable deaccession policies of prominent art museums. It finds that so long as museum boards adhere to these policies, their decisions would satisfy the trust standard. This outcome illustrates an important limitation of fiduciary law: the trust standard evaluates procedural care but cannot assess deaccessions on their merits. Yet this limitation, …
Review Of "Law, Ethics And The Visual Arts" By J.H. Merryman And A. Elsen And "Art Law: Rights And Liabilities Of Creators And Collectors" By F. Feldman, S. Weil, And S. Duke-Biederman, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Review Of "The Desk Book Of Art Law" And "Law, Ethics, And The Visual Arts: Cases And Materials", James J. Fishman
Review Of "The Desk Book Of Art Law" And "Law, Ethics, And The Visual Arts: Cases And Materials", James J. Fishman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Emergence Of Art Law, James J. Fishman
The Emergence Of Art Law, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
It is the purpose of this Article to examine the practical and legal origins of the field of art law, and to highlight principal legal questions which are of significant concern to the visual artist.
State Arts Councils: Some Items For A New Agenda, Monroe E. Price
State Arts Councils: Some Items For A New Agenda, Monroe E. Price
Articles
These are no longer flush times. And one realm in which the lack of prosperity may prove harmful is the area of government support of the arts. Because the expansive middle-class patronage of the l 960's is gone, there is a hope that the government, state and federal, will play the role of Maecenas. Yet government intervention is now more cautious and more critical. The need for state support is high. Performing arts companies are in dire straits. Artists are unemployed. Nonetheless, government officials at all levels are undecided as to how to proceed. In California, for example, after months …
Protecting America's Cultural And Historical Patrimony, James J. Fishman
Protecting America's Cultural And Historical Patrimony, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
This Article suggests the procedures which the authors believe would effectively regulate the legal export of art works and be consistent with other foreign trade policies, while not unduly restricting free trade nor discouraging cultural exchange.