Art Law Report

Foreign Cultural Exchange Jurisdictional Immunity Clarification Act Reintroduced in House of Representatives, Would Ban Use of Exhibition Loan as Basis for Federal Court Jurisdiction

Posted by Nicholas O'Donnell on March 31, 2014 at 4:04 AM

Steve Chabot (R-OH) has reintroduced the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (H.R. 4292), after a previous attempt to amend the Foreign Sovereign Immunities Act with regard to the loan of cultural objects failed to become law in 2012. The text of the March 25, 2014 bill is identical to the version that passed in the House in 2012. Its co-sponsors are John Conyers (D-MI) and Bob Goodlatte (R-VA), and it has been referred to the House Judiciary Committee.

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Topics: Bob Goodlatte, Cornelius Gurlitt, Malewicz v. City of Amsterdam, Girolamo Romano, Gurlitt Collection, 22 U.S.C. § 2459, Christ Carrying the Cross Dragged by a Rogue, 517 F.Supp.2d 322, FSIA, Restitution, David Toren, 19 U.S.C. § 1595a, Steve Chabot, Orrin Hatch, House Judiciary Committee, 28 U.S.C. § 1605(a)(2), 28 U.S.C. § 1605(a)(3), Senate Bill 2212, World War II, IFSA, Foreign Sovereign Immunities, Altmann v. Republic of Austria, Portrait of Wally, John Conyers, Immunity from Seizure Act, Dianne Feinstein Foreign Sovereign Immunities Act, Federal Republic of Germany, 28 U.S.C. § 1605, H.R. 4292, Foreign Cultural Exchange Jurisdictional Immunity

Rutgers Law Review Article Advocates Replacing Restitution Litigation with Prosecutions

Posted by Nicholas O'Donnell on May 22, 2013 at 6:12 AM

The Rutgers Journal of Law and Religion has published a provocative article that advocates a bold new take on Holocaust art restitution litigation. The thesis of the piece is easily gleaned from its title: “Nazi Looted Art and Cocaine: When Museum Directors Take It, Call the Cops.” In a nutshell, the article argues that if artwork were stolen during World War II, it can never be acquired legitimately thereafter, and its possession is by definition a violation of the National Stolen Property Act, 18 U.S.C. § 2314—or even the Racketeer-Influenced Corrupt Organizations Act (RICO).

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Topics: 18 U.S.C. § 2314, Girolamo Romano, Christ Carrying the Cross Dragged by a Rogue, Bakalar v. Vavra, Rutgers Journal of Law and Religion, Raymond Dowd, Egon Schiele, ARCA Conference, Portrait of Wally, RICO, Washington Principles, Racketeer-Influenced Corrupt Organizations Act, National Stolen Property Act, Copyright Litigation Blog

Despite Criticism of S.B. 2212’s Proposed Amendment to the FSIA, New Law Would Not Enable Stolen Art

Posted by Nicholas O'Donnell on May 24, 2012 at 6:04 AM

Doreen Carvajal of the New York Times this week addressed Senate Bill 2212, (the “Foreign Cultural Exchange Jurisdictional Immunity Clarification Act”) this week, a bill approved in March by the House of Representatives.

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Topics: Legislation, Russian art embargo, Nazi stolen art, Russia, Foreign Sovereign Immunities Act, 22 U.S.C. § 2459, Christ Carrying the Cross Dragged by a Rogue, Collections, FSIA, SB 2212, Restitution, World War II, IFSA, Foreign Sovereign Immunities, Portrait of Wally, Doreen Carvajal, Immunity from Seizure Act, New York Times, Chabad, Foreign Cultural Exchange Jurisdictional Immunity

Commentary Takes Shape on S.B. 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

Posted by Nicholas O'Donnell on April 11, 2012 at 12:47 PM

It’s been a few weeks since the House passed the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (H.R. 4086) and sent it on to the Senate for consideration as S.B. 2212. It has bipartisan sponsorship there (Dianne Feinstein and Orrin Hatch), but no word yet on when it will be put to a vote.

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Topics: Russian embargo, Girolamo Romano, Dianne Feinstein, Nazi-looted art, Foreign Sovereign Immunities Act, 28 U.S.C. § 1603, 22 U.S.C. § 2459, Christ Carrying the Cross Dragged by a Rogue, Hermann Goring, Collections, FSIA, Restitution, 19 U.S.C. § 1595a, Schneerson library, Orrin Hatch, Senate Bill 2212, World War II, IFSA, Foreign Sovereign Immunities, Portrait of Wally, Immunity from Seizure Act, Customs, Chabad, Foreign Cultural Exchange Jurisdictional Immunity

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