Thursday, November 20, 2014

Tell me again about the public trust ($44.4 million edition)

The Georgia O'Keeffe Museum sold one of O'Keeffe's "classic flower paintings" for $44.4 million at Sotheby's this morning.

The painting had of course been Held In The Public Trust but, when reached for comment, a spokesperson for the Deaccession Police said:  Nothing to see here, move along.

I covered the particular absurdity of this example, with an assist from Peter Dean, here.

Thursday, November 13, 2014

"If Artists Need to Know About VARA, So do Judges"

Daniel Grant on a "baffling" decision in the Southern District.

Friday, November 07, 2014

"All eyes on Detroit for bankruptcy ruling" (UPDATED 2X)

1 p.m. today.  Approval "widely expected."

UPDATE:  Approved.

UPDATE 2:  Tons of coverage of the news, including:  Mark Stryker: DIA supporters elated by bankruptcy decision.  Wall Street Journal: Art Was Key to the Deal. Randy Kennedy: "Grand Bargain" Saves the Detroit Institute of Arts. (And more from the Times.)  Jillian Steinhauer at Hyperallergic.  The museum applauds.  Slate's Jordan Weissmann: "So Detroit gets to keep its art collection. Pensioners get to keep a little more of their income. And the museum never has to worry about municipal finances ever again. A nice bargain all around."  Nathan Bomey: "With one sentence -- 'The market value of the art, therefore, is irrelevant in this case' -- Rhodes squashed 16 months of debate."  Kriston Capps: "One way to think about Detroit's art collection: Love for it inspired foundations to help rescue pensions."

Friday, October 31, 2014

What the heck is going on in the Ninth Circuit on the resale royalty case?

I'm the first to admit I'm not a commerce clause expert (dormant or otherwise), but it has always seemed to me that the resale royalty case was pretty simple and straightforward.  That's certainly how it seemed in the recent oral argument on the appeal.  Now, however, it seems the Ninth Circuit has ordered an en banc review, on account of "a potential conflict in circuit precedent on Commerce Clause applicability to state actions."  Nicholas O'Donnell has some thoughts here.

Thursday, October 30, 2014