Abstract

http://ssrn.com/abstract=2238204
 


 



Transnational Forfeiture of the 'Getty' Bronze


Derek Fincham


South Texas College of Law

August 22, 2013


Abstract:     
The enclosed Article will be the first to examine fully the recent Italian forfeiture of a work of art currently on display at the Getty Villa in Malibu. The object in question, Bronze Statue of a Victorious Youth, is one of the finest archaeological discoveries of the last century; and likely was cast by the Greek sculptor Lyssippos, court sculptor to Alexander the Great. This illicit work was purchased by the Getty in 1977, but has been claimed by Italian authorities since it was discovered by chance in the Adriatic in 1964. My piece examines the dispute starting first with the story of the Bronze, and culminating in a novel legal strategy being employed by Italy, something I term transnational forfeiture. Italy has undertaken a forfeiture action in Italy, for an object which has not been in Italy for decades. Conventional wisdom holds that this object cannot be repatriated to Italy, but I show how Italy has used its Mutual Legal Assistance Treaty in an attempt to secure its return.

Number of Pages in PDF File: 29

Keywords: Italy, The Getty, Getty Bronze, Bronze Statue of a Victorious Youth, Fano Athelete, forfeiture, foreign judgments

working papers series


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Date posted: March 24, 2013 ; Last revised: August 28, 2013

Suggested Citation

Fincham, Derek, Transnational Forfeiture of the 'Getty' Bronze (August 22, 2013). Available at SSRN: http://ssrn.com/abstract=2238204 or http://dx.doi.org/10.2139/ssrn.2238204

Contact Information

Derek Fincham (Contact Author)
South Texas College of Law ( email )
1303 San Jacinto Street
Houston, TX 77002
United States
9546678328 (Phone)
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