Cardozo International & Comparative Law Review
Abstract
The note advocates for recognizing forced sales of art during the Nazi era as sales under duress and proposes a legal presumption of duress to facilitate restitution for heirs. It suggests amending the Holocaust Expropriated Art Recovery (HEAR) Act of 2016 to include this presumption, shifting the burden of proof to defendants to demonstrate that sales were voluntary. This change aims to address inconsistent court rulings and ensure fairer outcomes for claimants.
Disciplines
Comparative and Foreign Law | Entertainment, Arts, and Sports Law | International Law | Law | Legal Remedies
Recommended Citation
Ethan Ashley,
"A Signature at Gunpoint" - Reframing Forced Sales and Sales under Duress in Nazi-Looted Art Disputes,
8
Cardozo Int’l & Compar. L. Rev.
493
(2025).
Available at:
https://larc.cardozo.yu.edu/ciclr/vol8/iss2/7
Included in
Comparative and Foreign Law Commons, Entertainment, Arts, and Sports Law Commons, International Law Commons, Legal Remedies Commons