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A Trust For The Benefit of the Public is Not “the Public Trust”—The Deaccessioning Debate and the Detroit Institute of Arts

Posted by Nicholas O'Donnell on June 4, 2014 at 6:30 AM

Reflecting on the recent argument by the Detroit Institute of Arts that the city of Detroit cannot legally sell, let alone be forced to sell, the artwork in the museum to satisfy creditor, some overlapping terminology creates the possibility of an important confusion. Particularly in the realm of deaccessioning, this distinctions are quite important. Meanwhile, the state of Michigan today approved its part of the “Grand Bargain” to subsidize the bankruptcy to avoid sale or encumbrance of the artwork.

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Topics: Donn Zaretsky, Roberta Smith, Rose Art Museum, Lee Rosenbaum, Columbia University, Deaccessioning, Detroit Institute of Arts, Isabella Stewart Gardner Museum, Association of Art Museum Directors, Michigan, Albright-Knox Gallery, New York Times, Detroit Bankruptcy, AAMD, Edward Hopper, Pennsylvania Academy of Fine Arts, grand bargain, Brandeis University, Barnes Foundation

Last Call: "Selling the Museum's Collection: Is Deaccessioning Ever Appropriate?" on Monday

Posted by Nicholas O'Donnell on October 25, 2013 at 12:22 PM

A last reminder that on Monday, there will be a panel discusion at Columbia Law School entited "Selling the Museum's Collection: Is Deaccessioning Ever Appropriate?" From the event description:

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Topics: Donn Zaretsky, Roberta Smith, Deaccession, Pollock-Krasner Foundation, Cornell University, Graham W. J. Beal, Richard Levin, Frank Robinson, Pippa Loengard, the Art Law Report, Events, Selling the Museum's Collection: Is Deaccessioning, Williams College Museum of Art, Nicholas O'Donnell, Rhode Island School of Design, New York Times, Detroit Bankruptcy, Samuel Sachs II, Detroit Institute of Art

"Selling the Museum's Collection: Is Deaccessioning Ever Appropriate?" at Columbia October 28, 2013

Posted by Nicholas O'Donnell on October 11, 2013 at 11:12 AM

A reminder that two weeks from Monday, I will join a panel discusion at Columbia Law School entited "Selling the Museum's Collection: Is Deaccessioning Ever Appropriate?" From the event description:

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Topics: Donn Zaretsky, Roberta Smith, Deaccession, Pippa Loengard, Detroit Institute of Arts, the Art Law Report, Events, Columbia Law School, Nicholas O'Donnell, New York Times

UPDATED Deaccessioning Panel Discussion at Columbia Law School October 28, 2013, 12:15 PM

Posted by Nicholas O'Donnell on September 24, 2013 at 5:54 AM

I will be on a panel at the Center for Law and the Arts at Columbia Law School on Monday, October 28, 2013 discussing deaccessioning issues. Details are yet to come, but co-panelists will include Donn Zaretsky of John Silberman Associates (and writer of the Art Law Blog), and Roberta Smith of the New York Times. The event is scheduled for lunch. The panelists have quite different views of the issue, and it promises to be a lively and well-informed discussion.

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Topics: Donn Zaretsky, Roberta Smith, Columbia Law School, Center for Law and the Arts, New York Times

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About the Blog


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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