Watch Boston College Law School Video! Nazi Art Looting - Stolen Art in US Museums and How It Got There

Girl With Black Hair -  Stolen From Fritz Grunbaum, Now At Oberlin College 

Here is a link to my lecture at the Boston College School of Law on April 22, 2010.  The URL is http://echo360.bc.edu:8080/ess/echo/presentation/20714145-29f6-4eb8-b72e-aadd6e794ad1.

Assoc. Dean Filippa Anzalone and her terrific Art Law students gave me a great welcome and asked lots of tough questions.  Dean Anzalone wrote me a lovely letter and kindly gave me permission to reprint:

Dear Ray:

Thank you again for your wonderful presentation for the Art Law Seminar on April 22nd. The students and other attendees were literally on the edge of their seats as they listened to your lawyerly and thorough discussion. Your excellent lecture, coupled with your slides made the presentation on Bakalar v. Vavra and Egon Schiele’s Dead City: Stolen art from Europe (1933-1945) in American museums and how it got there one of the most memorable classes of the semester. In fact, we discussed your presentation at the following week’s class and it was difficult to turn the discussion back to the topic scheduled for that week!

The thoroughness with which you presented the diabolically methodical process that the Third Reich used to despoil Jews of their property kept the class riveted during your lecture. The horror of the Nazi art looting came to life for the audience as you presented the evidentiary issues and the legal problems associated with restitution litigation for holocaust victims and families.

Since your presentation, many of the attendees have contacted me and commented on how astonished they were after your lecture. It is chilling to realize how methodical and relentless the Third Reich was in their pillaging operations. The cold, non-violent theft of Jewish property, including land, art and household objects, and even life insurance policies , by the Nazis is harrowing to say the least. Many of the attendees have told me that they appreciated understanding the issues of the Nazi thefts from your very carefully articulated legal perspective.

Your program was a real success; superseded only by your generosity of time and energy. We thank you for the printed copies of your slides, and your great kindness in talking with students and answering questions. We want you to know how very much your work was appreciated by me, my class, and the Boston College Law community. Thank you so much, Ray. May your good work continue and prosper.

Peace,

Filippa Marullo Anzalone
Professor of Law
Associate Dean for Library & Technology Services

Law Prof: American Museums Have Violated Washington Principles on Nazi-Looted Art

Two Nudes (Lovers)

1913

Kokoschka, Oskar, Austrian, 1886–1980

163.2 x 97.5 cm (64 1/4 x 38 3/8 in.)

Boston Museum of Fine Arts

Professor Jennifer Anglim Kreder compiled a chart of Holocaust-era art cases decided in U.S. federal courts since 2004.  The results are bleak, and show that American museums have systematically violated the Washington Principles on Nazi-Confiscated Art.

I wrote about the excellent panel Prof. Kreder organized in Washington DC on a US Commission on Nazi-Looted Art here.

Ninth Circuit to Offer Remote Live Viewing of Cassirer v. Kingdom of Spain Case

Case update inspired by Clancco.

Cassirer v. Kingdom of Spain is an incredibly important Nazi art looting case proceeding before the Ninth Circuit Court of Appeals.  Museums around the world, including the U.S., have been propagating the myth that millions of Jews suddenly voluntarily decided to give away or sell all of their earthly possessions, including artworks for bargain basement prices, pay all of the money to the Nazi regime and flee Nazi persecution because they were simply exercising free will in a free marketplace. 

The museums, often run by the grandchildren of the people who avoided income taxation by donating the stolen works to the museums, now claim they didn't have any idea that this was going on (even this was all reported on the front pages of the NY Times).  Unfortunately, U.S. courts tend to buy the argument that museums ought to keep all of these pretty pictures.  Apparently, there is a sentiment that showing stolen artworks to children while concealing the provenance of the artworks has a salutory effect on America's youth.

The Cassirer case seeks to impose a constructive trust.

Paul Cassirer

http://www.ernst-barlach.de/vita/PaulCassirer.jpg

Bio on Wikipedia here

Camille Pissarro - Rue de St. Honore apres-midi, effet de pluie

Excerpt of Cassirer v. Kingdom of Spain and image from the IFAR website

http://www.ifar.org/case_summary.php?docid=1184185695

Claude Cassirer’s grandmother inherited the Pissarro, Rue de St. Honoré après-midi, effet de pluie, from her husband, whose father had purchased the work from a Parisian dealer. Mrs. Cassirer was forced to sell the work in 1939 in exchange for passage out of Germany. The work’s whereabouts remained unknown for many years thereafter. In 1976, Hahn sold the Pissarro to Baron Hans Heinrich Thyssen, who donated it to the Thyssen Collection, where it remains today. It is unclear how Hahn acquired the work. Claude Cassirer, Mrs. Cassirer’s only surviving relative, became aware of the work’s location in the Thyssen Collection “in the last several years.”

New development from Sergio Munoz Sarmiento at Clancco:

Ninth Circuit to Offer Remote Live Viewing of Cassirer v. Kingdom of Spain Case