(University of Oregon Law School, 2009) Kreder, Jennifer Anglim
In contrast to the optimistic hopes in 1998 to settle all claims
expressed, we have seen a new trend emerge whereby current
possessors of art displaced during the Holocaust, including museums,
have been the first to file suit to quiet title, raising technical
defenses. This Article will explore this recent trend, the reasons for
it, and the consequences resulting from it. Part I will provide lesser known
historical background missing from the mainstream legal
literature. Parts II through VI will lay out the reasons for and progression of the restitution and declaratory judgment movement in
Nazi-era art cases. Part VII discusses the consequences of the
movement and offers best practices for the future for both claimants
and present-day possessors.
