LAW

ART AND THE LAW

INSTRUCTIONS TO BE FOLLOWED STRICTLY

1. FORMAT and WORD LIMIT

a. The answer must be typed (either single or double-spaced) with one-inch margins on all sides in 12-point font. You may submit your answer in either Word or PDF format.

b. All pages must be numbered, and your answer for all questions (combined and including any footnotes or endnotes) must not be longer than a total of 3000 words. Each page must have your anonymous exam number on it. Do NOT put your name anywhere on the exam. Put the correct word count at the top of the first page of the answer or at the end. The professor will not read more than the first 3000 words of any document. Papers may be penalized for exceeding the word count. There is no minimum word count. Everything written as part of the exam, including references and footnotes (if any), must be counted toward the word total.

● 1ST QUESTION IS 30% ● 2nd QUESTION IS 70 % and it has 3 sub questions. ● DON’T REPEAT THE FACTS ● WORD LIMIT: 3000 ● GOOD ISSUES BOARDING, ANALYSIS WHEREWE NEED FACTS AND THEN

CONCLUSION ● FEDERAL LAW IS BINDING ● USE THE FACTS AS THE PROFESSOR PROVIDE YOU IN EXAM ● STATUTES: UNESCO DATABASE LAW, SOMETHING IN THE BOOK AND

WHICH I PROVIDED. ● IF YOU ARE CITING SOMETHING FROM THE BOOK, YOU NEED TO

MENTION THE BOOK PAGE NUMBER AND PARAGRAPH. ● FOOTNOTES IS OPTIONAL. ● USE OF WRITTEN MATERIAL WITHOUT CITATION IS PLAGIARISM AND IS A

VIOLATION OF THE HONOR CODE. ● EXAMS ANSWER SHOULD BE GIVEN IN GOOD LEGALWAY

o 1st- LEGAL ISSUE o 2ND – RULES/LAW, STATUTES AND RELEVANT CASE LAWS,

WHATEVER APPLIES IN ISSUE. o 3RD – ANALYSIS (MOST IMPORTANT PART) APPLYING THE

LEGAL IDENTIFIED RULES TO THE FACTS OF THE CASE AT HAND. IT REQUIRES CRITICAL REASONING, INTERPRETING STATUTES, APPLYING CASE LAW AND

o 4TH – CONCLUSION AND CONSIDERING EXCEPTIONS IN THE LAWS.

2. CITATIONS and SOURCES: This is an open book exam. You may use any materials you were assigned for class or that we discussed in class or that were posted on D2L. You

may also use government, non-governmental organizations and UNESCO websites as resources that we discussed in class or that are included in the list of internet resources (posted on D2L under “Content”). You should support your arguments with appropriate authority, but you are limited to authorities that have been assigned reading, posted on D2L or discussed in this course. You may use abbreviated citation forms (such as the casebook may be cited as ACHL) and you should cite to the page in our book or other reading materials where the appropriate support may be found. You may use citations embedded in the text or in footnotes, but you should remember to count all citations (including footnotes or endnotes) in the total word count. You are not expected to follow blue booking format for citations.

ON-LINE OR ANY OTHER TYPES OF ADDITIONAL RESEARCH OR USE OF ANY ARTIFICIAL INTELLIGENCE/LARGE LANGUAGE MODEL TOOLS FOR THE EXAM ARE NOT ALLOWED. You may not conduct any on-line research (other than the websites listed in the previous paragraph) nor use any artificial intelligence/large language model tool during the exam,

SYLLABUS WHATWE COVERED IN THE SEMESTER 1. Introduction: pp. 3-26

Part 1: Museums, Merchants and Markets

I. Museums

2. History and Legal Structures: pp. 269-309; Problems, pp. 305 and 309

3. Fiduciary Duties and Deaccessioning: pp. 310-353; AAMWhite Paper, Direct Care of Collections: AAMD Press Release, AAMD Approves Change in Deaccessioning Rule https://aamd.org/for-the-media/press-release/membership-of-aamd-approves-change-todeaccessi oning-rule-bringing Caroline Goldstein, “In a Major Shift, Museums Can Now Use the Proceeds from Deaccessioning for More than Just Buying Art” Artnet news, October 3, 2022 <https://news.artnet.com/art-world/aamd-museum-deaccession-rules-2185274>

4. Doctrines of Cy Pres and Deviation: pp. 353-380 Documentary “Art of the Steal” available at https://www.imdb.com/video/vi852362265?playlistId=tt1326733&ref_=tt_ov_vi OR https://www.amazon.com/gp/video/detail/B008LVDF0W/ref=msx_wn_av (optional)

II. Warranties of Quality and Authenticity

5-6. Background and Barring a Claim: pp. 437-445 (skim); 445-488 Documentary “Driven to Abstraction” available at: https://www.driventoabstractiondocumentary.com/index.html OR “Made You Look” (streaming on Netflix)

Tianai Song, Film Review <https://itsartlaw.org/2024/08/08/film-review-driven-toabstraction-2019-made-you-look-2020/>

7. Was a Warranty Given? pp. 488-497 Breach of Warranty: pp. 497-518

8. Liability for Authentication: pp. 518-523; 535-542

III. Art Merchants

9. *Art Merchants—The Sale Transaction: pp. 381-395; 432-436

10. *Art Merchants—Sales on Consignment: pp. 395-424 a. Auction sale: https://www.youtube.com/watch?v=Xgn5QoxozcE (required) b. Colbert, Raging Art On, Part 2: http://www.cc.com/video-clips/tadiop/the-colbert-reportraging-art-on---art-2 (required); Parts 1 and 3 (optional)

IV. Recovery and Bars to Recovery of Stolen Art

11. Entrustment: pp. 543-556 Demand and Refusal Rule: pp. 556-564

12. Constructive Discovery: pp. 564-580; 584-586

13. Laches: pp. 745-750 Holocaust Expropriated Art Recovery (HEAR) Act Zuckerman v. Metropolitan Museum Republic of Turkey v. Christie’s and Steinhardt Pp. 599-605 (Notes 1, 2, 5, 6, 7, 8, 9 and 10)

14. Art Merchant Liability: pp. 607-618 Choice of Law: pp. 618-645

15. Choice of Law: pp. 645-658

16. Act of State Doctrine and Immunity from Seizure: pp. 658-681

17. Foreign Sovereign Immunity: pp. 692-708 Optional: Altman v. Austria (pp. 681-692); Film “Lady in Gold”

Part 2: Cultural Heritage

1. The 1954 Hague Convention: pp. 711-745; Problems, pp. 742-745

2. Cultural Heritage during Armed Conflict (cont.): pp. 750-775; Problem 1 a-c, p. 775; 776-

779; 791-801

3. The Cultural Heritage Debate: pp. 803-835 The 1970 UNESCO Convention: pp. 835-855

4. National Ownership: pp. 856-886; Notes, pp. 907-910

5. Smuggling and Civil Forfeiture: pp. 910-937 Gilgamesh Tablet Amended Forfeiture Complaint Gerstenblith, “Hobby Lobby, the Museum of the Bible and the Law” (optional)

6. Museum Policies: pp. 937-973; Problem on Acquisition of Antiquities (to be posted) Freakonomics Podcast: “Stealing Art is Easy. Giving It Back Is Hard. The Case of the $4 Million Gold Coffin” https://freakonomics.com/podcast-tag/stealing-art-is-easy-giving-itback-is-hard/

7. U.S. Cultural Heritage, Archaeological Resources on Land: pp. 1029-1054

8. U.S. Cultural Heritage, Archaeological Resources on Land: pp. 1054-1070

9. Native American Cultural Heritage: pp. 1107-1141 Safeguard Tribal Objects of Patrimony (STOP) Act (posted on D2L)

10. Native American Cultural Heritage: pp. 1144-1145; 1145-1161 (skim); 1161-117