Lucas Cranach the Elder’s Adam[1] and Eve[2] have hung in the Norton Simon Museum at Pasadena for nearly 50 years. Since 2007, though, they have been the subject
Continue Reading Nazi-Looted Art: Cranach Paintings to Remain at Norton Simon Museum

Legal Analysis and Commentary on Art and Cultural Property
Lucas Cranach the Elder’s Adam[1] and Eve[2] have hung in the Norton Simon Museum at Pasadena for nearly 50 years. Since 2007, though, they have been the subject…
Continue Reading Nazi-Looted Art: Cranach Paintings to Remain at Norton Simon Museum
This version contains a revision
On February 21, 2018, the Supreme Court of the United States issued a decision,[1] affirming the United States Court of Appeals for the Seventh…
Continue Reading Persepolis Collection: Iranian Artifacts Immune from Execution
The Debate over the Parthenon Sculptures
Among disputes over removed cultural objects, perhaps few are better known than that concerning what were formerly known as the Elgin Marbles, which even…
Continue Reading The Restitution, Repatriation, and Return of Cultural Objects: The Parthenon Debate (Part II)
This article is the fourth in a five-part series discussing the restitution, repatriation, and return of cultural objects. Each part addresses a different category of return. The first article in …
Continue Reading The Restitution, Repatriation, and Return of Cultural Objects: The Parthenon Debate (Part I)
The Third Reich’s policy of seizing works of art to build the collection of a planned Fuhrermuseum to be constructed in Linz, Austria, or (for the modern works the regime deemed “entartete Kunst” (degenerate art)) is, by now, well-known. The Rape of Europa (Lynn H. Nicholas, 1994), The Lost Museum (Hector Feliciano, 1995), and The Monuments Men (Robert M. Edsel, 2009) have given detailed accounts of Nazi art looting for a popular audience.
Although the Nazis formal cultural plunder program carried out by the Einsatzstab Reichsleiter Rosenberg (the ERR), was not established until 1940, forced sales and outright theft of works began much earlier. “Forced sales” are transactions in which works were “purchased” from their owners for a fraction of their market price (or for no payment) in circumstances where the owners, frequently but not exclusively Jews, were desperate to secure exit visas or to raise funds for travel costs to escape Nazi-controlled territories. At times such forced sales were given the formal appearance of licit transactions. Before the war’s end, the Allies and the governments-in-exile issued the London Declaration, invalidating “any transfers of, or dealings with, property, rights and interests of any description whatsoever which are, or have been, situated in the territories which have come under the occupation or control” of the Axis power. The policy articulated in the London Declaration applied “whether such transfers of dealings have taken the form of open looting or plunder, or of transactions apparently legal in form, even when they purport to be voluntarily effected.” …
Continue Reading Nazi-Looted Art: Cornelius Gurlitt and Toren v. Federal Republic of Germany and Free State of Bavaria