Legal and Ethical Problems in Art Restitution

29 Pages Posted: 28 Feb 2008 Last revised: 28 Oct 2009

See all articles by Jennifer Anglim Kreder

Jennifer Anglim Kreder

Northern Kentucky University - Salmon P. Chase College of Law

Monica Dugot

Christie's

Thomas R. Kline

Andrews Kurth LLP

Lucille A. Roussin

affiliation not provided to SSRN

Abstract

Litigation of claims concerning antiquities and Nazi-looted art is on the rise, which may indicate a decreasing willingness for compromise in this area with little black letter law. One need only open a newspaper to find reports of FBI raids, brazen thefts, civil litigation, and extra-legal demands relating to museum-quality cultural items. These CLE materials and the corresponding panel presentation explore the reasons for the recent increased attention being given to the art/cultural property/cultural heritage legal field, current litigation of such claims, modern out-of-court settlement discussions, and the market impact of these developments. It will analyze both the legal and ethical aspects of representing parties on different sides of such disputes. Discussion will implicate not just Federal Rule of Civil Procedure 11, but also Model Rules of Professional Conduct 1.13, 1.6, 3.4, and 4.1. The focus is settlement and resolution, emphasizing how legal defenses, such as statutes of limitation, and moral issues should be rectified with the interests of particular clients and the requirements of ethics codes.

Keywords: Nazi, Antiquity, Antiquities, Dugot, Kline, Roussin, Kreder, Ethics, Restitution, Art, Antique, Antiques

Suggested Citation

Kreder, Jennifer Anglim and Dugot, Monica and Kline, Thomas R. and Roussin, Lucille A., Legal and Ethical Problems in Art Restitution. Available at SSRN: https://ssrn.com/abstract=1098348

Jennifer Anglim Kreder (Contact Author)

Northern Kentucky University - Salmon P. Chase College of Law ( email )

Nunn Hall
Highland Heights, KY 41099
United States
859-572-5889 (Phone)
859-572-5342 (Fax)

Monica Dugot

Christie's ( email )

London
United Kingdom

Thomas R. Kline

Andrews Kurth LLP ( email )

1350 I Street , NW
Suite 1100
Washington, DC 20005
United States

Lucille A. Roussin

affiliation not provided to SSRN

Register to save articles to
your library

Register

Paper statistics

Downloads
665
rank
37,096
Abstract Views
3,503
PlumX Metrics