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Articles 1 - 15 of 15
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 …
Pharaohs, Nubians, And Antiquities: International Law Suggests It's Time For A Change In Egypt, Angi Porter
Pharaohs, Nubians, And Antiquities: International Law Suggests It's Time For A Change In Egypt, Angi Porter
Articles in Law Reviews & Other Academic Journals
Part I of this Comment describes the history and structure of Egypt's antiquities laws. It also describes Egypt's relevant international obligations under the Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Declaration on the Rights of Indigenous Peoples. In Part II, this Comment argues that the current state of Egypt's antiquities system is inconsistent with its international obligations. Part II considers whether Egypt's exclusion of the Nubians stems from Egyptological superiority narratives and analyzes which narratives Egypt could adopt without violating international law. Finally, Part …
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, …
Harry Potter And The (Re)Order Of The Artists: Are We Muggles Or Goblins?, Gary Pulsinelli
Harry Potter And The (Re)Order Of The Artists: Are We Muggles Or Goblins?, Gary Pulsinelli
Scholarly Works
In "Harry Potter and the Deathly Hallows," author J.K. Rowling attributes to goblins a very interesting view of ownership rights in artistic works. According to Rowling, goblins believe that the maker of an artistic object maintain an ongoing ownership interest in that object even after it is sold, and is entitled to get it back when the purchaser dies. While this view may strike some as rather odd when it is applied to tangible property in the 'muggle' world, it actually has some very interesting parallels to the legal treatment of intangible property, particularly in the areas of intellectual property …
Beyond Wealth: Stories Of Art, War, And Greed, Mary Ellen O'Connell
Beyond Wealth: Stories Of Art, War, And Greed, Mary Ellen O'Connell
Journal Articles
The article tells three stories of great art and priceless antiquities: one about early Christian mosaics from Cyprus, another about five paintings by the Viennese master, Gustav Klimt, and the third about an ancient statute of a Sumerian king from Iraq. All three stories discuss the international law protecting cultural heritage in time of war and occupation. They all tell of individuals pursuing extraordinary profits from the sale of the objects despite the international law that, properly applied, should have protected them from damage and kept them all in places of public display.
The article also tells how in each …
Treaties, Time Limits And Treasure Trove: The Legal Protection Of Cultural Objects In Singapore, Jack Tsen-Ta Lee
Treaties, Time Limits And Treasure Trove: The Legal Protection Of Cultural Objects In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This article considers the extent to which civil and criminal law in Singapore deters the unlawful removal of cultural objects from the possession of private owners, art galleries and museums, or from archaeological sites, and provides redress to victims. Given Singapore's position as the crossroads of Asia, the law must be able to cope with the flow of objects in and out of the country. The law is currently deficient as it is not tailored to deal with issues concerning cultural heritage, and needs to be reformed in several respects. There are sound reasons for a modern State like Singapore …
The Stolen Museum: Have United States Art Museums Become Inadvertent Fences For Stolen Art Works Looted By The Nazis In Word War Ii?, Barbara Tyler
The Stolen Museum: Have United States Art Museums Become Inadvertent Fences For Stolen Art Works Looted By The Nazis In Word War Ii?, Barbara Tyler
Law Faculty Articles and Essays
This Article begins with some historical background surrounding the Nazi pillaging of several family collections which may have found their way into American museums. The Article then focuses on what legal and equitable doctrines should be employed in the search for justice in ownership of art works in the United States. The Article advocates that American lawmust prevail. It must be modified to reject the due diligence rule for replevin. Replevin maintains that good intentions alone cannot abrogate the doctrine of bona fide purchaser: a thief can never pass clear title to stolen property to any subsequent transferee no matter …
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.