NLLSA

Tentative Schedule

8:00-8:30   Breakfast and Registration
8:30-8:40   Welcome
8:40-9:00   Introduction and Background
9:00-10:15

Provenance Research
As it has become increasingly important for participants in the art market to avoid acquiring stolen or looted cultural materials, provenance research has taken on a greater role in the decision to acquire cultural artifacts and in helping to prevent the market from contributing to illegal conduct. This panel will look at provenance research from market and legal perspectives.

Moderator:

  • Morag Kersel, Assistant Professor of Anthropology, DePaul University

Speakers:

  • Victoria Reed, Curator for Provenance, Museum of Fine Arts, Boston
  • Title: "Due Diligence, Provenance Research, and the Acquisition Process at an Encyclopedic Museum"

  • Christopher Rollston, National Endowment for the Humanities research scholar, Albright Institute of Archaeological Research, Jerusalem
  • Title: "Protocols and Procedures for a Responsible Approach to Inscriptions from the Antiques Market"

  • Stephen Nash, Department Chair and Curator of Archaeology, Denver Museum of Nature and Science
  • Title: Diligence, Ethics, and the Preservation Process at a Natural History Museum.

  • Peter Neiman, Partner, WilmerHale
  • Title: "The Role of Provenance Research in Developing Legal Cases"

10:15-10:30    Break
10:30-11:45

Museum Acquisitions
The two major museum organizations in the United States, the Association of Art Museum Directors and the American Alliance of Museums, have adopted guidelines for their member museums concerning acquisitions of antiquities that do not have a pre-1970 provenance. This panel will explore the AAMD Object Registry and the relationship between the looting of archaeological sites and the acquisition of unprovenanced or inadequately provenanced archaeological objects. This panel will also explore the question of what will happen with these objects that U.S. museums are no longer expected to acquire.

Moderator:

  • Julie Getzels, Executive Vice President, General Counsel and Secretary, Art Institute of Chicago

Speakers:

  • Susan Taylor, Montine McDaniel Freeman Director, New Orleans Museum of Art

    Title: "AAMD & The Object Registry: A Summary Perspective"

  • Richard Leventhal, Director, Penn Cultural Heritage Center; Professor, University of Pennsylvania Department of Anthropology; and Curator, American Section of the Penn Museum

    Title: "There are No Orphaned Objects"

  • Frank Lord, Associate, Herrick Feinstein LLP

    Title: “The AAMD, Archaeological Materials and Ancient Art: New Guidelines, Old Problems”

11:45-1:15

Featured Lecture

  • Jack Trope, Executive Director of the Association on American Indian Affairs
  • Title: "The Long Journey: Establishing Repatriation of Indigenous Human Remains and Cultural Items as an International Norm"

1:15-2:30

Historical Appropriations: When 1970 is Not Enough
Even as museums and market participants accept that they should not acquire antiquities that are not provenanced before 1970, countries of origin have increasingly sought to recover antiquities and other cultural artifacts that were taken in the nineteenth and earlier parts of the twentieth century. Case studies will be presented to explore the legal and moral aspects of these calls for repatriations.

Moderator:

  • Patty Gerstenblith, Distinguished Research Professor of Law, DePaul University, and Director, Center for Art, Museum, and Cultural Heritage Law

Speakers:

  • Charles Brian Rose, Professor of Classical Studies, James B. Pritchard Professor of Archaeology, University of Pennsylvania
  • Title: "Beyond the UNESCO Convention: the Case of the Troy Gold in the Penn Museum"

  • Rebecca Tsosie, Regent’s Professor of Law at the Sandra Day O’Connor College of Law, Arizona State University
  • Title: "Reparative Justice and the Repatriation of Indigenous Cultural Heritage: The Conundrum of 'Moral Rights' versus 'Legal Rights'"

  • Hugh Eakin, Senior Editor, The New York Review of Books
  • Title: "Doing the Right Thing?" Repatriation and the Museum Mission.

  • Marc-André Renold, Director, Art-Law Centre, University of Geneva
  • Title: "Dispute Resolution Processes in Cultural Heritage Law: the Interplay Between Law and Ethics."

2:30-4:00

Ethics Panel: Conflicting Duties: When to Repatriate (and When Not To)
This panel, which will qualify for CLE Ethics credit, will explore the issues that attorneys need to consider before their clients (particularly museums, auction houses and private collectors) agree to repatriate a cultural object in light of fiduciary obligations to conserve a museum’s or consignor’s resources and assets, in the international antiquities context and in the NAGPRA context.

Moderator:

  • Thomas R. Kline, Of Counsel, Andrews Kurth LLP; Assistant Professorial Lecturer, George Washington University, Museum Studies

Speakers:

  • Thomas R. Kline, Of Counsel, Andrews Kurth LLP; Assistant Professorial Lecturer, George Washington University, Museum Studies
  • Title: "Approaching Conflicting Duties-The Role and Responsibilities of Institutional Lawyers in Dealing with Objects Having Title Issues."

  • Simon Frankel, Partner, Covington & Burling LLP; Lecturer in Law, Stanford University
  • Title: "The Duties and Obligations of Museums in Responding to Restitution Demands."

  • Lori Breslauer, Acting General Counsel, Field Museum of Natural History
  • Title: "Bridging the Gap: The Interplay Between NAGPRA’s Requirement to Repatriate and Trustees’ Fiduciary Obligation to Preserve Museum Collections"

  • Jane Levine, Worldwide Director of Compliance, Sotheby’s
  • Title: "The Auction House Perspective on Claims and Requests for Repatriation"

4:00    Concluding Reception