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The Art Law Report Providing timely updates and commentary on legal issues in the museum and visual arts communities

Tag Archives: World War II

The Art Law Report to Present Paper in Maastricht, the Netherlands

Posted in Events, Restitution, World War II

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

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 II

Opposition 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 II

  As 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 II

The 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 II

With 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 II

The 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