I will be in Maastricht, the Netherlands, on March 24-25, 2013 at the Art and Heritage Law Conference to present my forthcoming paper to be published in the Special Issue of Transnational Dispute Management, “Art and Heritage Disputes.” The paper (and my presentation) will re-assess the effectiveness of American litigation in the last 15 years… Continue Reading
Tag Archives: World War II
Combining the Nazi Theft Exception in Senate Bill 2212 with Immunity from Seizure: Good Policy or Inconsistent Law?
Posted in Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Foreign Sovereign Immunities, Immunity from Seizure Act, Restitution, Senate Bill 2212, World War IIOpposition to Senate Bill 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (a bill the Art Law Report favors in its frequent commentaries) has been renewed recently. Senate Bill 2212 (already passed by the House of Representatives) would remove the mere display of a work of art in the United States as a satisfactory… Continue Reading
Full Appeal of Herzog Heirs’ Case Against Hungarian Museums Allowed
Posted in Foreign Sovereign Immunities, Restitution, World War IIAs discussed earlier in the Art Law Report, the Herzog heirs’ case against several Hungarian national museums survived dismissal (apart from their claims to 11 paintings whose ownership was litigated in Hungary previously). The remaining question was how much of the case would be heard on appeal: only the narrow question of Hungary’s sovereign immunity,… Continue Reading
Russian Art Embargo News: Chabad Plaintiffs Put Request for Sanctions on Hold
Posted in Foreign Sovereign Immunities, Restitution, World War IIThe Chabad Lubavitch plaintiffs who have been trying for more than six years to obtain the return of the library of Menachem Schneerson—a case which has resulted in an embargo of Russian art loans to the United States for nearly a year—took the unexpected step this week of asking the court to refrain from ruling… Continue Reading
Herzog Case Against Hungarian Museums Focuses on Issues to Be Appealed
Posted in Foreign Sovereign Immunities, Restitution, World War IIWith the recent decision in the Baron Herzog case dismissing some claims but allowing the bulk of the case to go forward, the next step is determining what issues can be appealed now. Typically, only a final judgment can be appealed. That is, even if the defendant was right about why the case should… Continue Reading
Hungarian World War II Restitution Case Will Go Forward
Posted in Foreign Sovereign Immunities, Restitution, World War IIThe United States District Court has allowed significant parts of the claim brought by claimed heirs of Baron Mor Lipot Herzog to go forward. The decision is significant for several reasons. First, it is the most prominent restitution case currently at the trial level, and the case will now proceed into discovery of the facts. Second,… Continue Reading