Lifting the Museums Burden from the Backs of the University- Sho
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Lifting the Museums Burden from the Backs of the University- Sho
Lifting the Museums Burden from the Backs of the University- Sho
Fordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2009Lifting the Museum's Burden from the Backs of the Un Lifting the Museums Burden from the Backs of the University- Shoniversity: Should the Art Collection Be Treated as Part of the Endowment Symposium: Tax-Exempt Organizations and the State: New Conditions on Exempt StatusLinda SuginFjjfiham ưniverãty Schoolof Law, Isuginệílav.íordham.cduFollow this and additional works at: http://ir.lawnet.fordharn.edu/faculty_sch Lifting the Museums Burden from the Backs of the University- Shoolarship& Part of the Property Law and Real Estate CommonsRecommended CitationLinda Sugin, biting the .Museum's Burden front the Backi of the UnhtnityLifting the Museums Burden from the Backs of the University- Sho
: Should the Aft ColiwfiiM Be Treated as Part <•/ the Endowment Symposium: Tax-Exempt Organizations and the State: Ntw CondItiiw OH Exempt Status, 44 Fordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2009Lifting the Museum's Burden from the Backs of the Un Lifting the Museums Burden from the Backs of the University- Shoccess by ELASH: The Fordham Law Archive of Sehobrdup and History. It has been accepted for inclusion in Faculty Scholarship by an authomed administrator of FLASH: lhe Fordham Law Archive of SchoLirdlip and History. For more tnfwmation. pleare contact tmcinickíỉlaxibrdhamcdu.LIFTING THE MUSEUM’S BURD Lifting the Museums Burden from the Backs of the University- ShoEN FROM THE BACKS OF THE UNIVERSITY: SHOULD THE ART COLLECTION BE TREATED AS PART OF THE ENDOWMENT?Linda Sugin’Abstract: A few universities in economiLifting the Museums Burden from the Backs of the University- Sho
c straits have recently attempted to sell artwork to address their financial woes, causing much consternation in the museum community. This Article reFordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2009Lifting the Museum's Burden from the Backs of the Un Lifting the Museums Burden from the Backs of the University- Sho important assets to monetize. It contends that the universities and then critics have fundamentally divergent conceptions of the role of the art collection in the university, which explains why they cannot agree on the legal responsibilities of universities vis-à-vis their art. The critics have a s Lifting the Museums Burden from the Backs of the University- Shotrong cultural-property conception that privileges art, while these universities sec their collections as similar to other property they use in carryiLifting the Museums Burden from the Backs of the University- Sho
ng out their programs. This article advocates a contextual approach for choosing among these conceptions.The legal regime that governs the responsibilFordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2009Lifting the Museum's Burden from the Backs of the Un Lifting the Museums Burden from the Backs of the University- Shonately, there is no clear law determining whether university art collections should be ưeatcd as endowment property subject to the statutory rules of investment responsibility, program-related property governed by fiduciary duties, or cultural property' subject to its own unique standards. The Artic Lifting the Museums Burden from the Backs of the University- Shole concludes that university art collections arc hybrid cultural-instrumental property, and that universities should be subject to a more flexible staLifting the Museums Burden from the Backs of the University- Sho
ndard than museums in making deaccessioning decisions. It argues that university trustees would be faced with too great a fiduciary-duty conflict if sFordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2009Lifting the Museum's Burden from the Backs of the Un Lifting the Museums Burden from the Backs of the University- Shoion when selling art, but retain their discretion to act in the best interests of the university.541HeinOnline - 44 New Eng. L. Rev. 541 2009-2010542NEW ENGLAND LAW REVIEW [Vol. 44:541Introduction.....................................................542I.Understanding the Deaccessioning Conflict..... Lifting the Museums Burden from the Backs of the University- Sho................548A.Practical Explanations for the University DeaccessioningTrend..................................................548B.Theoretical SLifting the Museums Burden from the Backs of the University- Sho
ource of the Struggle over University ArtCollections............................................551c. The Consequences of Conceptualization as CulturaFordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2009Lifting the Museum's Burden from the Backs of the Un Lifting the Museums Burden from the Backs of the University- Shoroperty Is for Museums.......................555B.University Art Collections Are Hybrid Cultural andInstrumental Property..................................557c.Legal Ramifications of Classification as Instrumental Assets.5581.Endowment..........................................5602.Program-Related As Lifting the Museums Burden from the Backs of the University- Shosets.............................5653.Liabilities........................................573Conclusion: Proposals to clarify the Treatment ofFordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2009Lifting the Museum's Burden from the Backs of the UnFordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryFaculty Scholarship2009Lifting the Museum's Burden from the Backs of the UnGọi ngay
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