Leila Amineddoleh | Fordham Law School (original) (raw)
Papers by Leila Amineddoleh
The Columbia Journal of Law & the Arts
Last year witnessed the conclusion of a long-fought dispute between a private party and a foreign... more Last year witnessed the conclusion of a long-fought dispute between a private party and a foreign government over an art collection with significant cultural value. It involved a treasure of ecclesiastical objects dating back to Medieval Germany that had once belonged to the royal House of Guelph and housed in the muralled medieval Brunswick Cathedral in Braunschweig, Germany. Ultimately, after over a decade of fighting, the controversy’s resolution did not involve an ownership determination by a U.S. court. Rather, the high court abstained from making a determination and instead declined to exercise jurisdiction over Germany. The lack of decision was not surprising, particularly in light of delicate foreign policy issues at play and the importance of keeping the judiciary out of international political disputes. The court’s unanimous decision was consistent with prior holdings, and so perhaps it was foreseeable that the court did not examine the merits of the ownership claims. Howe...
Edward Elgar Publishing eBooks, 2022
AARN: Visual Anthropology, 2015
The authorship of artwork greatly affects its value. For this reason, authentication in art is a ... more The authorship of artwork greatly affects its value. For this reason, authentication in art is a complex and sometimes contentious process. This paper examines the history of art authentication, due diligence to ensure that purchasers are not buying forgeries, complex cases without clear-cut answers, and legal tools available to buyers after a forgery has been purchased.
Some of the arguments in favor of returning the Parthenon Marbles from the British Museum to Greece.
Due to tax benefits enjoyed by museums, these institutions should be required to follow more stri... more Due to tax benefits enjoyed by museums, these institutions should be required to follow more stringent standards and to complete thorough provenance research prior to purchasing new acquisitions. The most recent revision of acquisition standards by the Association of Art Museum Directors was heightened, however the guidelines are still not demanding enough.During the past decade acquisition standards have become a major issue, as unethical museum practices have drawn attention and protest from the art community. With the public trial of the Getty Museum's former curator, Marion True, the public has become aware of irresponsible acquisitions made by museums. In 2011, cultural heritage academics were outraged over the ownership dispute of the Ka Nefer Nefer funerary mask which was unearthed in Egypt in 1953 and then went missing in the 1960s. The mask reappeared in the St. Louis Art Museum in 1998, and the museum refused to return the artifact to Egypt. The case is currently in fe...
The destruction and looting of cultural heritage in the Middle East by terrorist organizations is... more The destruction and looting of cultural heritage in the Middle East by terrorist organizations is well-documented by social media and the press. Its brutality and severity have drawn international criticism as the violent destruction of heritage is classified as a war crime. Efforts have been made to preserve objects against bombing and destruction, as archaeologists and other volunteers safeguard sites prior to assault. There is also precedent for prosecuting heritage destruction via national and international tribunals. In term of looting, black-market antiquities provide a revenue stream for ISIS; therefore, efforts must be made to stop this harmful trade. Governmental agencies have taken actions to prevent funding through antiquities. Public institutions have a role in safeguarding looted works by providing asylum to them without fueling the black market. At the same time, private collectors must also not purchase any items from the black market. Through education and enforcemen...
As with the passing of all testate and intestate property, the distribution of artwork can be acc... more As with the passing of all testate and intestate property, the distribution of artwork can be accompanied with controversy and family disputes. These disputes cover a wide range of objects, from antiquities and musical instruments to Nazi-looted art. This short article primarily focuses on disputes involving art objects looted during World War II.
Future Anterior: Journal of Historic Preservation, History, Theory, and Criticism, 2017
Abstract:This article traces the history of jurisprudence in heritage protection from its ancient... more Abstract:This article traces the history of jurisprudence in heritage protection from its ancient origins to the recent 2016 International Criminal Court's first prosecution for the destruction of religious structures. The author explains how the law struggles to adequately address means of preserving shared cultural property, particularly in times of war. With the widespread use of social media and proliferation of global connectivity, the current turmoil in the Middle East has drawn attention to destruction and looting. As the relationship between heritage and terrorism is becoming more evident, the article aims to assess the renewed efforts through legal instruments and prosecutions to curb these destructive acts.
Future Anterior: Journal of Historic Preservation, History, Theory, and Criticism, 2017
Abstract:To what degree, we may ask, is preservation thinkable outside of militarization, and its... more Abstract:To what degree, we may ask, is preservation thinkable outside of militarization, and its prewar–war–postwar continuum? What is the range of acceptable preservation actions and nonactions in the face of today’s wars, when spectacles are made of dynamiting monuments and killing preservationists? The 2016 Fitch Colloquium brought together some of the world’s leading experts in the spirit of dialogue and common pursuit of answers to these urgent questions. The panel discussions from the 2016 Fitch Colloquium focusing on prewar and postwar are included in this issue.
looted-past-how-ancient-artifacts-are-being-traded-for-guns (quoting a smuggler, "[w]e buy antiqu... more looted-past-how-ancient-artifacts-are-being-traded-for-guns (quoting a smuggler, "[w]e buy antiquities cheap, and then sell weapons expensively. .. . The rebels need weapons, and antiquities are an easy way to buy them. .. .").
The justifications for application of statute of limitations has come under scrutiny with recent ... more The justifications for application of statute of limitations has come under scrutiny with recent cases involving Nazi-looted art. The 2012 discovery (and 2013 announcement) of a major art haul has major ramifications for the art community, German museums and the original owners of the looted art and heirs of Nazi victims and survivors. For over half a century, Cornelius Gurlitt concealed a treasure trove of art, approximately 1400 works work believed to be worth more than $US 1.35 billion. Caught up in this saga are individuals seeking to reclaimed looted art. These people face challenges, including strict deadlines established by statutes of limitations.
As with the passing of all testate and intestate property, the distribution of artwork can be acc... more As with the passing of all testate and intestate property, the distribution of artwork can be accompanied with controversy and family disputes. These disputes cover a wide range of objects, from antiquities and musical instruments to Nazi-looted art. This short article primarily focuses on disputes involving art objects looted during World War II.
An examination of an arrest for smuggling antiquities out of Egypt.Phoenix Ancient Art was founde... more An examination of an arrest for smuggling antiquities out of Egypt.Phoenix Ancient Art was founded in Beirut, Lebanon in the 1960s by Sleiman Aboutaam, and is now located in New York City and Geneva, Switzerland. After Sleiman’s death in 1998, the business was taken over by his sons, Ali and Hicham. The gallery does more business in antiquities than Sotheby’s and Christie’s combined, and the business continues to grow. However, the Aboutaams have been implicated in numerous cases involving provenance and looting disputes.
International Journal of Cultural Property, 2015
Since the first lawsuit against the Knoedler Gallery was filed for selling forgeries, the art wor... more Since the first lawsuit against the Knoedler Gallery was filed for selling forgeries, the art world has been abuzz with stories of high-end fakes. However, forgeries are not a new phenomenon. The law of supply and demand dictates that there will be no end to the rising value of artworks done by the hands of "masters." And with soaring market prices, art forgery will proliferate as forgers find incentive in skyrocketing sales. At the heart of forgery disputes is the determination of authenticity. Who makes these determinations? How does the market and legal world handle a battle of experts? Moreover, what remedies are available to disappointed buyers? The best method of protection is to complete due diligence; however, the process is often complex and expensive. Even after completing due diligence, it is possible for buyers to be left with sophisticated fakes. What legal remedies are available to buyers?
Aedon, 2012
Sommario: 1. Introduction.-2. Discussion: I. Cultural heritage misappropriation, particularly in ... more Sommario: 1. Introduction.-2. Discussion: I. Cultural heritage misappropriation, particularly in depopulated towns, is on the rise in Spain.-II. Political and economic structures in Spain has led to vast depopulation in the Spanish countryside.-III. There is a link between abandoned and depopulated towns and the misappropriation of cultural property.-IV. One of the major problem with protecting cultural heritage in Spain is that the national government does not properly protect cultural heritage by cataloguing or tracking cultural heritage objects.-V. Spain can protect its cultural heritage property by exercising some degree of control over Church property.-3. Conclusion. Spain is a nation rich in art treasures, and the countryside is a treasure trove of cultural heritage; however, the Iberian nation has not taken measures to safeguard these items. As depopulation empties the countryside, property is abandoned and vulnerable to taking. Spain's art treasures are further harmed by the nation's lack of involvement in international treatises, leading to the international community's disinterest in the items. In addition, the State does not control much of its cultural heritage since the State wields little authority over the Church, and the vast majority of privately-held art belongs to the Church. In consideration of the highly publicized theft (and subsequent return) of the Codex Callixtus, this note sets forth recommendations for Spain to protect is patrimony, most importantly creating an extensive catalogue, encompassing both State and Church property.
A discussion of the lawsuit involving the Victorious Youth (Getty Bronze).The relationship betwee... more A discussion of the lawsuit involving the Victorious Youth (Getty Bronze).The relationship between the Italian government and the J. Paul Getty Museum, the wealthiest museum in the world, has once again been strained over legal battles concerning items that the Italian government claims were illegally acquired by the museum. Relations between the Getty and Italy have already been tense due to Italy’s forceful request for the return of cultural heritage property scattered around the globe. The public became acutely aware of Italy’s aggressive pursuit against museums and looters with the publication of The Medici Conspiracy by Peter Watson and Cecilia Todeschini. The book recounts the Italian government’s raid on an international crime syndicate dealing in looted antiquities originating in Italy and ending with sales to reputable institutions around the world, including sales to the Getty Museum. In the wake of Italy’s repatriation quest, the Getty has been charged with numerous accusations of irresponsible acquisition practices, questionable provenance and surreptitiously housing looted pieces.
The 2012 discovery of a hidden art trove is the stuff that movies are made of. In fact, similar s... more The 2012 discovery of a hidden art trove is the stuff that movies are made of. In fact, similar stories have been featured in films. The announcement of Cornelius Gurlitt’s art cache involves a familiar cast of players: Hitler, Goebbels, Nazi commanders, Allied forces, political figures, and even the Monuments Men (a group featured in George Clooney’s “The Monuments Men”). On November 3, 2013, in what some called “one of the largest and most significant discoveries of masterpieces plundered by the Nazis,” a major piece of news was announced: “A Modernist art haul, looted by Nazis recovered by Germany police.” The “Gurlitt Collection” is shrouded in mystery, as the origins of the majority of the approximately 1400 works are murky, thus prompting a large-scale investigation. What is clear is the following: the artwork, believed to be worth more than $US 1.35 billion, was seized from Cornelius Gurlitt in early 2012. Gurlitt first attracted the attention of police in 2010 after a random cash check during a train trip between Switzerland and Munich. These suspicions led to a raid on Gurlitt’s flat in the spring of 2011. During that raid, police were confronted with a massive art collection. This article examines legal issues related to the Munich Art Trove.
The Columbia Journal of Law & the Arts
Last year witnessed the conclusion of a long-fought dispute between a private party and a foreign... more Last year witnessed the conclusion of a long-fought dispute between a private party and a foreign government over an art collection with significant cultural value. It involved a treasure of ecclesiastical objects dating back to Medieval Germany that had once belonged to the royal House of Guelph and housed in the muralled medieval Brunswick Cathedral in Braunschweig, Germany. Ultimately, after over a decade of fighting, the controversy’s resolution did not involve an ownership determination by a U.S. court. Rather, the high court abstained from making a determination and instead declined to exercise jurisdiction over Germany. The lack of decision was not surprising, particularly in light of delicate foreign policy issues at play and the importance of keeping the judiciary out of international political disputes. The court’s unanimous decision was consistent with prior holdings, and so perhaps it was foreseeable that the court did not examine the merits of the ownership claims. Howe...
Edward Elgar Publishing eBooks, 2022
AARN: Visual Anthropology, 2015
The authorship of artwork greatly affects its value. For this reason, authentication in art is a ... more The authorship of artwork greatly affects its value. For this reason, authentication in art is a complex and sometimes contentious process. This paper examines the history of art authentication, due diligence to ensure that purchasers are not buying forgeries, complex cases without clear-cut answers, and legal tools available to buyers after a forgery has been purchased.
Some of the arguments in favor of returning the Parthenon Marbles from the British Museum to Greece.
Due to tax benefits enjoyed by museums, these institutions should be required to follow more stri... more Due to tax benefits enjoyed by museums, these institutions should be required to follow more stringent standards and to complete thorough provenance research prior to purchasing new acquisitions. The most recent revision of acquisition standards by the Association of Art Museum Directors was heightened, however the guidelines are still not demanding enough.During the past decade acquisition standards have become a major issue, as unethical museum practices have drawn attention and protest from the art community. With the public trial of the Getty Museum's former curator, Marion True, the public has become aware of irresponsible acquisitions made by museums. In 2011, cultural heritage academics were outraged over the ownership dispute of the Ka Nefer Nefer funerary mask which was unearthed in Egypt in 1953 and then went missing in the 1960s. The mask reappeared in the St. Louis Art Museum in 1998, and the museum refused to return the artifact to Egypt. The case is currently in fe...
The destruction and looting of cultural heritage in the Middle East by terrorist organizations is... more The destruction and looting of cultural heritage in the Middle East by terrorist organizations is well-documented by social media and the press. Its brutality and severity have drawn international criticism as the violent destruction of heritage is classified as a war crime. Efforts have been made to preserve objects against bombing and destruction, as archaeologists and other volunteers safeguard sites prior to assault. There is also precedent for prosecuting heritage destruction via national and international tribunals. In term of looting, black-market antiquities provide a revenue stream for ISIS; therefore, efforts must be made to stop this harmful trade. Governmental agencies have taken actions to prevent funding through antiquities. Public institutions have a role in safeguarding looted works by providing asylum to them without fueling the black market. At the same time, private collectors must also not purchase any items from the black market. Through education and enforcemen...
As with the passing of all testate and intestate property, the distribution of artwork can be acc... more As with the passing of all testate and intestate property, the distribution of artwork can be accompanied with controversy and family disputes. These disputes cover a wide range of objects, from antiquities and musical instruments to Nazi-looted art. This short article primarily focuses on disputes involving art objects looted during World War II.
Future Anterior: Journal of Historic Preservation, History, Theory, and Criticism, 2017
Abstract:This article traces the history of jurisprudence in heritage protection from its ancient... more Abstract:This article traces the history of jurisprudence in heritage protection from its ancient origins to the recent 2016 International Criminal Court's first prosecution for the destruction of religious structures. The author explains how the law struggles to adequately address means of preserving shared cultural property, particularly in times of war. With the widespread use of social media and proliferation of global connectivity, the current turmoil in the Middle East has drawn attention to destruction and looting. As the relationship between heritage and terrorism is becoming more evident, the article aims to assess the renewed efforts through legal instruments and prosecutions to curb these destructive acts.
Future Anterior: Journal of Historic Preservation, History, Theory, and Criticism, 2017
Abstract:To what degree, we may ask, is preservation thinkable outside of militarization, and its... more Abstract:To what degree, we may ask, is preservation thinkable outside of militarization, and its prewar–war–postwar continuum? What is the range of acceptable preservation actions and nonactions in the face of today’s wars, when spectacles are made of dynamiting monuments and killing preservationists? The 2016 Fitch Colloquium brought together some of the world’s leading experts in the spirit of dialogue and common pursuit of answers to these urgent questions. The panel discussions from the 2016 Fitch Colloquium focusing on prewar and postwar are included in this issue.
looted-past-how-ancient-artifacts-are-being-traded-for-guns (quoting a smuggler, "[w]e buy antiqu... more looted-past-how-ancient-artifacts-are-being-traded-for-guns (quoting a smuggler, "[w]e buy antiquities cheap, and then sell weapons expensively. .. . The rebels need weapons, and antiquities are an easy way to buy them. .. .").
The justifications for application of statute of limitations has come under scrutiny with recent ... more The justifications for application of statute of limitations has come under scrutiny with recent cases involving Nazi-looted art. The 2012 discovery (and 2013 announcement) of a major art haul has major ramifications for the art community, German museums and the original owners of the looted art and heirs of Nazi victims and survivors. For over half a century, Cornelius Gurlitt concealed a treasure trove of art, approximately 1400 works work believed to be worth more than $US 1.35 billion. Caught up in this saga are individuals seeking to reclaimed looted art. These people face challenges, including strict deadlines established by statutes of limitations.
As with the passing of all testate and intestate property, the distribution of artwork can be acc... more As with the passing of all testate and intestate property, the distribution of artwork can be accompanied with controversy and family disputes. These disputes cover a wide range of objects, from antiquities and musical instruments to Nazi-looted art. This short article primarily focuses on disputes involving art objects looted during World War II.
An examination of an arrest for smuggling antiquities out of Egypt.Phoenix Ancient Art was founde... more An examination of an arrest for smuggling antiquities out of Egypt.Phoenix Ancient Art was founded in Beirut, Lebanon in the 1960s by Sleiman Aboutaam, and is now located in New York City and Geneva, Switzerland. After Sleiman’s death in 1998, the business was taken over by his sons, Ali and Hicham. The gallery does more business in antiquities than Sotheby’s and Christie’s combined, and the business continues to grow. However, the Aboutaams have been implicated in numerous cases involving provenance and looting disputes.
International Journal of Cultural Property, 2015
Since the first lawsuit against the Knoedler Gallery was filed for selling forgeries, the art wor... more Since the first lawsuit against the Knoedler Gallery was filed for selling forgeries, the art world has been abuzz with stories of high-end fakes. However, forgeries are not a new phenomenon. The law of supply and demand dictates that there will be no end to the rising value of artworks done by the hands of "masters." And with soaring market prices, art forgery will proliferate as forgers find incentive in skyrocketing sales. At the heart of forgery disputes is the determination of authenticity. Who makes these determinations? How does the market and legal world handle a battle of experts? Moreover, what remedies are available to disappointed buyers? The best method of protection is to complete due diligence; however, the process is often complex and expensive. Even after completing due diligence, it is possible for buyers to be left with sophisticated fakes. What legal remedies are available to buyers?
Aedon, 2012
Sommario: 1. Introduction.-2. Discussion: I. Cultural heritage misappropriation, particularly in ... more Sommario: 1. Introduction.-2. Discussion: I. Cultural heritage misappropriation, particularly in depopulated towns, is on the rise in Spain.-II. Political and economic structures in Spain has led to vast depopulation in the Spanish countryside.-III. There is a link between abandoned and depopulated towns and the misappropriation of cultural property.-IV. One of the major problem with protecting cultural heritage in Spain is that the national government does not properly protect cultural heritage by cataloguing or tracking cultural heritage objects.-V. Spain can protect its cultural heritage property by exercising some degree of control over Church property.-3. Conclusion. Spain is a nation rich in art treasures, and the countryside is a treasure trove of cultural heritage; however, the Iberian nation has not taken measures to safeguard these items. As depopulation empties the countryside, property is abandoned and vulnerable to taking. Spain's art treasures are further harmed by the nation's lack of involvement in international treatises, leading to the international community's disinterest in the items. In addition, the State does not control much of its cultural heritage since the State wields little authority over the Church, and the vast majority of privately-held art belongs to the Church. In consideration of the highly publicized theft (and subsequent return) of the Codex Callixtus, this note sets forth recommendations for Spain to protect is patrimony, most importantly creating an extensive catalogue, encompassing both State and Church property.
A discussion of the lawsuit involving the Victorious Youth (Getty Bronze).The relationship betwee... more A discussion of the lawsuit involving the Victorious Youth (Getty Bronze).The relationship between the Italian government and the J. Paul Getty Museum, the wealthiest museum in the world, has once again been strained over legal battles concerning items that the Italian government claims were illegally acquired by the museum. Relations between the Getty and Italy have already been tense due to Italy’s forceful request for the return of cultural heritage property scattered around the globe. The public became acutely aware of Italy’s aggressive pursuit against museums and looters with the publication of The Medici Conspiracy by Peter Watson and Cecilia Todeschini. The book recounts the Italian government’s raid on an international crime syndicate dealing in looted antiquities originating in Italy and ending with sales to reputable institutions around the world, including sales to the Getty Museum. In the wake of Italy’s repatriation quest, the Getty has been charged with numerous accusations of irresponsible acquisition practices, questionable provenance and surreptitiously housing looted pieces.
The 2012 discovery of a hidden art trove is the stuff that movies are made of. In fact, similar s... more The 2012 discovery of a hidden art trove is the stuff that movies are made of. In fact, similar stories have been featured in films. The announcement of Cornelius Gurlitt’s art cache involves a familiar cast of players: Hitler, Goebbels, Nazi commanders, Allied forces, political figures, and even the Monuments Men (a group featured in George Clooney’s “The Monuments Men”). On November 3, 2013, in what some called “one of the largest and most significant discoveries of masterpieces plundered by the Nazis,” a major piece of news was announced: “A Modernist art haul, looted by Nazis recovered by Germany police.” The “Gurlitt Collection” is shrouded in mystery, as the origins of the majority of the approximately 1400 works are murky, thus prompting a large-scale investigation. What is clear is the following: the artwork, believed to be worth more than $US 1.35 billion, was seized from Cornelius Gurlitt in early 2012. Gurlitt first attracted the attention of police in 2010 after a random cash check during a train trip between Switzerland and Munich. These suspicions led to a raid on Gurlitt’s flat in the spring of 2011. During that raid, police were confronted with a massive art collection. This article examines legal issues related to the Munich Art Trove.