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Against Deaccessioning Rules, Brian L. Frye

Law Faculty Scholarly Articles

Art museums are the aristocrats of the charitable sector, with all

the virtues and vices of the aristocracy. In their prime, they are glorious

exemplars of the finest in cultural expression. But in their dotage,

they are weak and vulnerable, constitutionally incapable of avoiding

financial ruin. Some art museums have even gone bankrupt and dissolved,

despite owning large collections of extremely valuable objects.

What explains this paradox? Deaccessioning rules: professional

rules governing art museums and art museum directors that prohibit

the sale of works of art for the purpose of generating capital. When

art museums find themselves in financial distress, …