Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
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 …
The Holocaust, Museum Ethics, And Legalism, Jennifer Kreder
The Holocaust, Museum Ethics, And Legalism, Jennifer Kreder
Jennifer Kreder
The attached article is a provocative analysis of the “Holocaust art movement.” The movement has led to significant and controversial restitutions from museums. This article focuses on two emotionally driven claims refused by the Auschwitz-Birkenau State Museum: One to recover a suitcase stolen from a murdered man, and the other to recover watercolors a woman was forced to paint for Josef Mengele to document his pseudo-scientific theories of racial inferiority and his cruel medical experiments. These claims provide insightful case studies to examine the emotional and ethical aspects of such disputes uncomplicated by the monetary issues in many of the …
Reconciling Individual And Group Justice With The Need For Repose In Nazi-Looted Art Disputes: Creation Of An International Tribunal, Jennifer Kreder
Reconciling Individual And Group Justice With The Need For Repose In Nazi-Looted Art Disputes: Creation Of An International Tribunal, Jennifer Kreder
Jennifer Kreder
The recent push for Holocaust reparations, which resulted in European, domestic and international funds, left a significant gap pertaining to Nazi-looted art. Claims to Nazi-looted art are exploding, creating a tremendous problem for the art market. This Article concludes that the best remedy for the problem is the creation of an international tribunal with compulsory jurisdiction to resolve claims to Nazi-looted art in a manner akin to an equitable hybrid of mediation and binding arbitration. The Tribunal would provide justice to both individual claimants with strong claims and other claimants who probably could not win in court but are nonetheless …