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Kansas Law Review Article Examines the Legal Status of Fluchtgut: Art Transferred as Result of Circumstances Set in Motion by Nazi Persecution

Posted by Nicholas O'Donnell on December 5, 2024 at 5:23 PM

I was honored to take part in a symposium last February at the University of Kansas School of Law entitled “A Museum’s Purpose,” which addressed a variety of cultural property related topics. KU was a wonderful host, and Lawrence is a charming town. I spent a great weekend in Kansas City (which was perfect aside from the then-recent Chiefs Super Bowl win-Go Pats!), saw a Jayhawks basketball game, and even visited the grave of Dr. James Naismith, who invented the great sport of basketball in Springfield, Massachusetts.

I am pleased to announce that the article I wrote for the symposium has been published in the Kansas Journal of Law & Public Policy. Entitled “Refuge in Exile—the Peculiar Category of Fluchtgut and Art Transferred by Victims in Flight from Nazi Persecution,” my paper seeks to address the legal status of works that changed hands in the Nazi era that are not strictly covered by the more familiar frameworks of Nazi expropriation and forced sales that have been the focus of most of the discussion since the Washington Conference in 1998, and propose a judicial and analytical framework to deal with them. In my own practice this year, the Allentown Cranach story is an illustrative example.

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Topics: University of Kansas, South Texas College of Law, Washington Conference Principles, UCLA School of Law, Nazi persecution, flight goods, Derek Fincham, Fluchtgut, Dr. James Naismith, Lauren Van Schilfgaarde, MacKenzie Mallon, Michael Hoeflich, Kansas Journal of Law & Public Policy, The Nelson-Atkins Museum of Art, Megan Gannon

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The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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