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Menzel V. List
''Menzel v. List'' was a landmark restitution case involving Nazi looted art. It was filed by the widow Erna Menzel whose art collection was seized from the Menzel apartment in Brussels in 1941 after the Jewish family fled the Nazis. Menzel's attempt to recover her artworks through litigation was the first such case in the United States and is considered a landmark case that is widely cited. The events leading up to the lawsuit Mr. and Mrs Menzel fled the Nazis in 1941, going from Belgium to the United States. When they returned to the apartment after the end of WWII, they discovered a receipt from the Einsatzstab Rosenberg, a Nazi looting organization, for a painting by Marc Chagall called variously ''L'Echelle de Jacob'' or ''Le Paysan et l'Echelle'' or ''The Peasant and the Ladder'' or ''Jacob's Ladder'' that the Nazis had seized. The Menzels looked unsuccessfully for the stolen Chagall. After Mr. Menzel died in 1960, Erna Menzel continued to search. She found a mention of t ...
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New York Court Of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by the State Senate to 14-year terms. The Chief Judge of the Court of Appeals also heads administration of the state's court system, and thus is also known as the Chief Judge of the State of New York. Its 1842 Neoclassical courthouse is located in New York's capital, Albany. Nomenclature In the Federal court system, and most U.S. states, the court of last resort is known as the "Supreme Court". New York, however, calls its trial and intermediate appellate courts the "Supreme Court", and the court of last resort the Court of Appeals. This sometimes leads to confusion regarding the roles of the respective courts. Further adding to the misunderstanding is New York's terminology for jurists on its top two courts. Those who sit on its supr ...
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Looted Art
Looted art has been a consequence of looting during war, natural disaster and riot for centuries. Looting of art, archaeology and other cultural property may be an opportunistic criminal act or may be a more organized case of unlawful or unethical pillage by the victor of a conflict. The term "looted art" reflects bias, and whether particular art has been taken legally or illegally is often the subject of conflicting laws and subjective interpretations of governments and people; use of the term "looted art" in reference to a particular art object implies that the art was taken illegally. Related terms include '' art theft'' (the stealing of valuable artifacts, mostly because of commercial reasons), '' illicit antiquities'' (covertly traded antiquities or artifacts of archaeological interest, found in illegal or unregulated excavations), ''provenance'' (the origin or source of a piece of art), and '' art repatriation'' (the process of returning artworks and antiques to their ri ...
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Brussels
Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Brussels Hoofdstedelijk Gewest), is a region of Belgium comprising 19 municipalities, including the City of Brussels, which is the capital of Belgium. The Brussels-Capital Region is located in the central portion of the country and is a part of both the French Community of Belgium and the Flemish Community, but is separate from the Flemish Region (within which it forms an enclave) and the Walloon Region. Brussels is the most densely populated region in Belgium, and although it has the highest GDP per capita, it has the lowest available income per household. The Brussels Region covers , a relatively small area compared to the two other regions, and has a population of over 1.2 million. The five times larger metropolitan area of Brussel ...
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Einsatzstab Rosenberg
The Reichsleiter Rosenberg Taskforce (german: Einsatzstab Reichsleiter Rosenberg or ''ERR'') was a Nazi Party organization dedicated to appropriating cultural property during the Second World War. It was led by the chief ideologue of the Nazi Party, Alfred Rosenberg, from within the NSDAP Office of Foreign Affairs. Between 1940 and 1945, the ERR operated in France, Netherlands, Belgium, Poland, Lithuania, Latvia, Estonia, Greece, Italy, and on the territory of the Soviet Union in the Reichskommissariat Ostland and Reichskommissariat Ukraine. Much of the looted material was recovered by the Allies after the war, and returned to rightful owners, but there remains a substantial part that has been lost or remains with the Allied powers. Formation The ERR was initially a project of ''Hohe Schule der NSDAP'', a Nazi-oriented elite university, which was subordinate to Alfred Rosenberg. Rosenberg wanted it to be a research institute filled with cultural material on the opponents of t ...
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Marc Chagall
Marc Chagall; russian: link=no, Марк Заха́рович Шага́л ; be, Марк Захаравіч Шагал . (born Moishe Shagal; 28 March 1985) was a Russian-French artist. An early modernist, he was associated with several major artistic styles and created works in a wide range of artistic formats, including painting, drawings, book illustrations, stained glass, stage sets, ceramics, tapestries and fine art prints. Born in the Russian Empire, today Belarus, he was of Jewish origin. Before World War I, he travelled between Saint Petersburg, Paris, and Berlin. During this period he created his own mixture and style of modern art based on his idea of Eastern Europe and Jewish folk culture. He spent the wartime years in Belarus, becoming one of the country's most distinguished artists and a member of the modernist avant-garde, founding the Vitebsk Arts College before leaving again for Paris in 1923. Art critic Robert Hughes referred to Chagall as "the quintesse ...
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Klaus Perls
Klaus Gunther Perls (1912–2008) was born in Berlin, Germany, where his parents were art dealers. He studied art history in Munich, but after the Nazis stopped granting degrees to Jews he moved to Basel, Switzerland and completed his studies. Here, he wrote a dissertation on the 15th-century French painter Jean Fouquet. Early career His father Hugo Perls had fled Germany and separated from his mother who set up as an art dealer in Paris. In 1935, after two years in Paris, Klaus moved to New York City and opened the Perls Galleries on East 58th Street near Madison Avenue. Initially, he dealt in works by Maurice Utrillo, Maurice de Vlaminck and Raoul Dufy; artists that his mother recommended to him from Paris. When she was forced to flee France, he began dealing in contemporary American artists, including Darrel Austin, and in Mexican and South American art. Middle years In 1940, Klaus married Amelia Blumenthal from Philadelphia, and she became a partner in the gallery. After ...
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The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid digital subscribers. It also is a producer of popular podcasts such as '' The Daily''. Founded in 1851 by Henry Jarvis Raymond and George Jones, it was initially published by Raymond, Jones & Company. The ''Times'' has won 132 Pulitzer Prizes, the most of any newspaper, and has long been regarded as a national "newspaper of record". For print it is ranked 18th in the world by circulation and 3rd in the U.S. The paper is owned by the New York Times Company, which is publicly traded. It has been governed by the Sulzberger family since 1896, through a dual-class share structure after its shares became publicly traded. A. G. Sulzberger, the paper's publisher and the company's chairman, is the fifth generation of the family to head the p ...
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New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in County Court. The court is radically different from its counterparts in nearly all other states in that the Supreme Court is a trial court and is not the highest court in the state. The highest court of the State of New York is the Court of Appeals. Also, although it is a trial court, the Supreme Court sits as a "single great tribunal of general state-wide jurisdiction, rather than an aggregation of separate courts sitting in the several counties or judicial districts of the state." The Supreme Court is established in each of New York's 62 counties. Jurisdiction Under ...
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Restitution
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to ''pay'' the claimant for their loss. Evolving Meaning '' American Jurisprudence'' 2d edition notes: Legal vs Equitable Remedy Restitution may be either a legal remedy or an equitable remedy, "depend ngupon the basis for the plaintiff's claim and the nature of the underlying remedies sought". Generally, restitution and equitable tracing is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e., can be tied to "particular funds or property"). In such a case, restitution comes in the form of a constructive trust or equitable lien. Where the particular property at issue cannot be particularly identified, restitution is a legal remedy. This occurs, for exa ...
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Jewish Art Collectors
Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The people of the Kingdom of Israel and the ethnic and religious group known as the Jewish people that descended from them have been subjected to a number of forced migrations in their history" and Hebrews of historical History of ancient Israel and Judah, Israel and Judah. Jewish ethnicity, nationhood, and religion are strongly interrelated, "Historically, the religious and ethnic dimensions of Jewish identity have been closely interwoven. In fact, so closely bound are they, that the traditional Jewish lexicon hardly distinguishes between the two concepts. Jewish religious practice, by definition, was observed exclusively by the Jewish people, and notions of Jewish peoplehood, nation, and community were suffused with faith in the Jewish God, ...
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