Essay  |  Volume 159

Guarding the Historical Record from the Nazi-Era Art Litigation Tumbling Toward the Supreme Court

By
159 U. Pa. L. Rev. PENNumbra 289 (2011)

Posted on 04-2011

Essay - Guarding the Historical Record from the Nazi-Era Art Litigation Tumbling Toward the Supreme Court








This year, the Supreme Court is expected to review multiple cert petitions involving Nazi‐looted‐art litigation. Jennifer Anglim Kreder writes that courts should carefully consider the unique context of this litigation before applying procedural bars to the claims advocated by the museums who have now come into ownership of the art. She begins by describing the historical background of these claims, as well as the federal government's response, arguing that the executive's consistent policy has been to return the art to the original owners or heirs whenever possible. Nonetheless, Professor Kreder contends that in recent litigation—primarily in the form of museums seeking to quiet title in a declaratory action—lower courts have not recognized this policy, finding the claims time‐barred or the sales voluntary, and holding the heirs responsible for failing to conduct a more timely investigation of these claims. Instead, she concludes, courts should defer to the Executive's model of justice.


Continue to full article.


 Previous Essay

Class Certification's Preclusive Effects

Kevin M. Clermont