"What are they saying?!"
Art Law Blast
February 2025
Cartoon by Ben Jennings (www.ben-jennings.com)
"What are they saying?" (Feb. 15, 2025). Cartoon by Ben Jennings (www.ben-jennings.com)
Dear Readers,
February is arguably the hardest month. In 1912, one poet wrote “February. Take ink and weep,…” However you deal with it – ink, tears, work, exercise, poetry, other forms of escape, – we are there too, with/for you. There are articles in the works, conferences, conversations. Books to read, battles to fight. Please reach out if you have ideas for what else art and law can do.
In the meantime, meet our Spring 2025 Team: Megan Graham (Graduate Intern), Emily Ko, Devin Dowling, Debbie Perez (Legal Interns) and Natalie Shtangrud (Undergraduate Intern). We are running photos and feature of the new cohort on Instagram shortly, and invite you to check out who is who there. Many thanks to our Spring interns, who together with Atreya Mathur, Carla Frade and Joseph Scapellato, worked on this newsletter and have been making updates to the Center’s resources (The Library, Nazi-era looted art DB, and events).
If you like podcasts, check out our ART IN BRIEF, that has just released 2nd episode with our co-hosts Paris Quetzal Sistilli and Andrea Konigs.
If you want to help with our Nazi-era looted art database, we are looking for funding (!) and volunteers.
Save the Date: On April 10, 2025, Center will host a hybrid conference about Nazi-era looted art research and restitution. We will explore, contemplate and celebrate the work of countless advocates for data mining and dissemination in an effort to preserve historical record and set it straight, for all to come.
There is an informational overload, so read this at your own pace.
Onwards,
Irina Tarsis & the Center for Art Law Team
Content
In Brief
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[Cultural Heritage] French Heritage Association Files Against Controversial Project to Replace Notre-Dame’s Stained Glass Windows
On January 27, 2025, the French heritage association Sites & Monuments filed an initial appeal in the Paris administrative court, seeking to halt the project that would replace Notre-Dame’s stained glass windows. Last December, President Emmanuel Macron expressed his support for “leaving a contemporary mark in the history of the cathedral.” His order to remove Eugène Viollet-le-Duc’s stained-glass windows and commission contemporary replacements sparked intense criticism, including a petition with over 250,000 signatures opposing the change. Now, Sites & Monuments has taken formal legal action. The group’s appeal argues that the public administration cannot exceed its mandate to “conserve and restore” the cathedral. Read more here. [EK]
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[Copyright] The U.S. Copyright Office’s Stance on AI Art: A New Report
The U.S. Copyright Office has published a January 2025 report on whether AI-generated art is eligible for copyright protection. The answer hinges on authorship—the degree and type of control the artist exercised in creating the work. Accordingly, merely entering AI prompts that generate the final work would likely be insufficient, as ARTnews explains. However, if an artist sufficiently manipulates or transforms elements of an AI-generated image, the work could then qualify for copyright protection. This determination would be made on a case-by-case basis. Read ARTnews’s coverage of the report here. [EK]
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[Museum Updates] The Louvre Nouvelle Renaissance and Mona Lisa’s Own Room
In a January 13 letter to France’s cultural minister, the president-director of The Louvre outlined the museum’s structural and maintenance issues. Then, on January 28, President Emmanuel Macron announced renovation plans aimed at alleviating overcrowding, upgrading the security system, and restoring deteriorated spaces. Notably, the Mona Lisa will have her own ticketed gallery space. Read more here and here. [EK]
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[Museum Issues] Smithsonian and National Gallery of Art Terminate DEI Program
Following President Trump’s executive order to end DEI programs, the Smithsonian Museum has closed its diversity office and halted federal hiring, while the National Gallery of Art has terminated its Office of Belonging and Inclusion. Both museums receive federal funding. Read more here and here. [MG]
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[Censorship] Survey of Association of Art Museum Directors on Censorship in Art Museums
The Association of Art Museum Directors (AAMD), PEN America, and Artists at Risk Connection (ARC) collaborated on a survey of AAMD members regarding their perceptions of censorship within art museums. The study examines AAMD members’ varying definitions of censorship, the porous boundary between self-censorship and curation, sources of pressure to censor, the lack of formal policies surrounding censorship, and more. Read more here. [EK]
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[Artist Foundations] Potential Agreement Between the Hilma af Klint Foundation and David Zwirner Leads to Tensions
A potential agreement between the Hilma af Klint Foundation and David Zwirner would allow Zwirner to act as the foundation’s gallerist, managing sales of the Swedish artist’s work. As of December 2024, the agreement remained unsigned. Four out of five board members supported the deal, but Erik af Klint, the artist’s great-grandnephew, has characterized the situation as a “hostile takeover” that would “commercialize” the artwork. Read more here. [EK]
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[Art Theft] Drents Museum Heist: Suspects Arrested
On January 25, 2025, thieves stole invaluable Dacian artifacts from the Drents Museum in the Netherlands. In a scene more fitting for the big screen than reality, the thieves blew up the museum door to steal the famous 2,500-year-old golden helmet of Cotofenesti and three gold bracelets. On January 29, three suspects were arrested by Assen police, but only two were publicly identified: Douglas Chesley Wendersteyt and Bernhard Zeeman. The artifacts have not yet been recovered, sparking continued concern from Romanian officials about the potential loss of their national treasures and cultural heritage. Since the artifacts are virtually unsellable, there is growing fear that they were stolen to be melted down for their gold. Dutch police continue their investigation, but concerns over museum security and loan protocols may impact future exhibitions. Read more here and here. [DD]
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[Armed Conflict] Ukraine Imposes Sanctions to Deter Looting in Crimea
Ukraine has imposed sanctions on 55 individuals and at least three institutions involved in illegal excavations and other cultural heritage activities in occupied Crimea. Russia has occupied the Crimean Peninsula since 2014, declaring it part of the Russian Federation. However, Crimea remains internationally recognized as part of Ukraine, and under the 1954 Hague Convention, Russia is prohibited from excavating occupied territory. The sanctions target archaeologists as well as Russian officials. President Volodymyr Zelensky’s decree specifically names certain museums. Whether these sanctions will prevent the deaccessioning of museum objects or stop looting remains to be seen. Read more here. [DD]
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[Forgery] Fake Native American Jewelry Scheme: Robert Haack Convicted Under Indian Arts and Crafts Act
Robert Haack was found guilty of violating the Indian Arts and Crafts Act (IACA) by a federal jury in New Mexico after only four hours of deliberation. Haack is estimated to have sold over $400,000 worth of counterfeit jewelry falsely attributed to Charles Loloma, a famous Hopi jeweler. The IACA is an anti-counterfeiting law that protects Native American artists by prohibiting the misrepresentation of products as Native American-made. Its enforcement safeguards not only Native American cultural heritage but also the economic livelihood of artists, the rights of consumers seeking authentic art, and the overall Native American art market. Haack’s sentencing will be scheduled soon. Read more here. [DD]
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[Art Restitution] Worcester Art Museum Repatriates Two Italian Antiquities Connected to Dealer Robert Hecht
The Worcester Art Museum plans to return two Italian amphoras from its permanent collection. The museum will retain physical possession of the objects under a new label acknowledging their looted origins as part of a four- to eight-year loan. The objects were identified through provenance research related to Robert Hecht, an art dealer with known ties to trafficked antiquities. Read more here. [MG]
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[Censorship] Artists’ Billboard with MAGA Slogan Removed
Art collective For Freedoms recently came under fire for a billboard featuring the MAGA slogan over an image of Bloody Sunday protestors. The group, known for placing politically charged material in public spaces to spark conversation, was criticized for the juxtaposition. Many viewers mistakenly believed the Montgomery Museum of Fine Arts, whose name appeared in the corner, was responsible for the billboard. Read more here. [MG]
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[Art Censorship] India Court Orders Seizure of ‘Offensive’ MF Husain Paintings
A Delhi court has ordered the seizure of two MF Husain paintings following a complaint that they “hurt religious sentiments” by depicting Hindu deities. The works were part of Husain: The Timeless Modernist, an exhibition at Delhi Art Gallery (DAG), which denied any wrongdoing. The complainant, a lawyer, petitioned for CCTV footage after discovering the paintings had been removed. Husain, long controversial for his portrayals of Hindu gods, lived in self-imposed exile after facing obscenity accusations. The case highlights ongoing tensions between artistic freedom and religious conservatism in India. Read more here. [DP]
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[Art Restitution] Heirs Seek Return of Black Art Dealer’s Collection from Louisiana Museum
The descendants of Marshall Marcell, a successful Black art dealer in early 20th-century New Orleans, are seeking the return of dozens of paintings loaned to the Louisiana State Museum over a century ago. Although museum officials acknowledge that Marcell was likely treated unfairly, state laws restrict the removal of artworks from the collection. The case presents a unique challenge, as no established legal frameworks exist for restitution outside of Holocaust-era or colonial-era claims. Marcell’s heirs remain hopeful for a resolution, potentially through legislative intervention or an exhibition recognizing his legacy. Read more here. [DP]
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[Art & Tech] Van Gogh Museum Rejects AI-Backed Claim That $50 Garage Sale Painting Is a Lost Masterpiece
A Minnesota garage sale find, Elimar, was recently identified by the data science firm LMI Group as a lost 1889 Van Gogh painting, potentially worth $15 million. Using AI-driven analysis, pigment testing, and handwriting comparisons, LMI argued that the work fits within Van Gogh’s late stylistic shifts. However, the Van Gogh Museum dismissed the claim, maintaining that the painting is inauthentic. The dispute underscores growing tensions between traditional art connoisseurship and tech-driven authentication methods as digital analysis gains traction in the high-stakes art market. Read more here. [DP]
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[Illicit Trade] Greece Enforces Cultural Heritage Laws With Arrest of Online Antiquities Trafficker
Greek authorities arrested a foreign national in Athens for allegedly selling ancient Greek artifacts through online auctions to buyers in the U.S., England, Canada, Australia, and Italy. Police, specializing in antiquities trafficking, seized pottery fragments, figurine pieces, and a satyr statuette from her residence. The suspect was referred to a public prosecutor for charges. The arrest underscores Greece’s commitment to preserving its cultural heritage and highlights the ongoing battle against the illicit antiquities trade. Read more here. [DD]
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[Restitution] Family Returns Suitcase of Indigenous Artifacts to Descendant of Lakota Chief
The Newell family decided to return a suitcase of indigenous artifacts to a Lakota descendant. The suitcase was in Newell possession for five generations, originally from the Lakota chief, Chief Spotted Tail. The chief’s descendant, John Spotted Tail, decided to house the artifacts at the South Dakota State Historical Society in order to promote education while making the objects accessible to the nearby reservation. Read more here. [MG]
The Legal Dimension of Provenance Research: International, Comparative, Indigenous
Location:
Online
Date:
Tue, Feb 25, 2025 2 PM
The Cultural Heritage and the Arts Interest Group and the Interest Group on International Law of Culture of the European Society of International Law invite members and interested individuals to a webinar exploring the meanings and significance of provenance research in the current legal debate on the return and restitution of cultural objects.
Provenance research is an invaluable tool for addressing past cultural injustices and wrongs against individuals, groups, and communities that have been subjected to genocidal acts and legislation, colonial exploitation, and discriminatory practices. The webinar will discuss the significance and practice of provenance research in ensuring justice for victims of the Holocaust, colonialism, and discrimination against Indigenous Peoples. The webinar will facilitate a debate on the return of cultural objects, bringing together experts from different fields to identify shared pathways for advocacy. The format will be a roundtable to encourage dialogue across these areas, followed by a Q&A session.
Federal Bar Council presents Art and Antiquities Part 2: Art & the Holocaust
Location:
McDermott Will & Emery LLP One Vanderbilt Avenue, New York, NY
Date:
Thu, Feb 27, 2025 6 PM
Part 2 in this series will examine the legal principles, policy issues, and practical considerations arising from art and the Holocaust. The panel will examine the history and the lessons of notable cases, delve into provenance issues, and provide a range of perspectives on the high-profile litigation, both criminal and civil, state and federal, still playing out nearly 80 years after the end of World War 2.
Remedies for Looted Art and Cultural Property—Civil, Criminal or Consensual?
Fordham Law Review Conference
Location:
Fordham Law School
Date:
Fri, Feb 28, 2025 9 AM
This is a moment in time when we as a society, in New York, nationally and internationally, are reexamining how we address looted art and cultural property. The Symposium will draw together discussion of Holocaust-era looted art and cultural property, antiquities taken in the Colonial-era and subsequently, as well as Native American cultural and religious artifacts, ancestors, and repatriation. There have been major developments recently in all these areas making this Symposium singularly appropriate at this point in time, and courts are increasingly being confronted with these issues. The Symposium will bring together diverse perspectives on issues of legislation, litigation, law enforcement, and societal examination of history, and will look at common themes of law and policy in these fields in order to examine where we are and to discuss potential future directions.
Navigating Justice in Cultural Heritage: Intersections of Ethics, Law, and Museum Practice
Location:
DePaul University
Date:
Thu, Mar 13, 2025 12 AM
Registration is now open for an upcoming two-day conference entitled “Navigating Justice in Cultural Heritage: Intersections of Ethics, Law, and Museum Practice.” The conference is organized by the DePaul University College of Law’s Center for Art, Museum and Cultural Heritage Law (CAMCHL), the DePaul University Museum Studies Minor and the DePaul University Department of Anthropology with the U.S. Committee of the Blue Shield (USCBS) as co-sponsor. It will take place on Thursday, March 13, from 4:00 to 5:30 pm, and Friday, March 14, from 9:00 am to 4:00 pm, at DePaul University. Attendees can join in-person or online, but registration is required.
Please RSVP with how you plan to attend by emailing bdavinge@depaul.edu.
ARCA’s 15th Annual Interdisciplinary Art Crime Conference
Location:
Collegio Boccarini Conference Hall, adjacent to the Museo Civico Archeologico e Pinacoteca Edilberto Rosa, Amelia, Italy
Date:
Sat, Jun 21, 2025 12 AM
ARCA’s annual Amelia Conference serves as an arena for intellectual and professional exchange and highlights the nonprofit’s mission to facilitate a critical appraisal of the need for protection of art and heritage worldwide. Over the course of one weekend each summer, this art crime-focused event serves as a forum to explore the indispensable role of detection, crime prevention, and scholarly and criminal justice responses, at both the international and domestic level, in combatting all forms of crime related to art and the illicit trafficking of cultural property.
The Association’s 15th annual conference begins on Friday, June 20, 2025 with a networking cocktail open to all Amelia Conference attendees and speakers. At the heart of the conference are two days devoted to presentations selected through this Call to be held in the Collegio Boccarini Conference Hall, on Saturday and Sunday, June 21 and June 22, 2025.
Career Opportunities
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General Counsel and Associate Register of Copyrights, U.S Copyright Office, Washington D.C
This senior-level position at the U.S. Copyright Office, within the Office of the General Counsel, involves advising the Register of Copyrights on legal and policy matters, representing the Copyright Office in domestic and international forums, and contributing to professional publications. The role includes supervising attorneys and managing the Copyright Law Clerk Program. Responsibilities encompass conducting legal research, drafting policy documents, overseeing reports for Congress, engaging with legislative staff, and consulting with various stakeholders in the copyright ecosystem. The position requires expertise in copyright law, leadership skills, and the ability to influence national and international copyright policy. It is based in Washington, D.C., with no relocation expenses covered.
Read more and apply here.
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Heritage Protection Coordinator ICOM Secretariat, Paris, France
- Coordinate the implementation of the project which aims to develop operational tools and activities that will aid in the development of a better understanding of the illicit trafficking of cultural goods and help in its prevention;
- Develop a close cooperative and collaborative relationship with the principal partner of the project (EU-EAC)
- Cooperate with all stakeholders in the project (such as the National Committees, subcontractors, experts);…
Fixed term contract (18 months) (CDD) / 37.5 hours per week • Salary: €2,800 gross / month • Work location: 12th arrondissement in Paris, France
Read more and apply HERE.
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Addressing Heritage Losses, inherit Fellowships 2026-7 (Berlin, Germany)
Fellowships can be awarded for a maximum period of 10 months. Preference may be given to applications for the full time period, which runs from the beginning of October 2026 until the end of July 2027. Other than for short visits elsewhere, it is required that you spend the time of your fellowship in Berlin and that you participate in the work of inherit. A monthly stipend whose rate is determined by career stage and whether family members accompany the fellow, or, in the case of applicants based in Germany, replacement cover, will be awarded. In addition, the costs for the return journey (economy) to Berlin and any necessary visa costs will be reimbursed. You are required to cover accommodation, health insurance and any further costs.
Read more and apply HERE.
Educational & Other Opportunities
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Summer Internships at the Princeton University Art Museum
Undergraduate and graduate students are invited to apply for an eight-week summer internship at the Princeton University Art Museum. The 2025 summer internship program will run from Monday, June 2, to Friday, July 25. Undergraduate students enrolled in any accredited college or university program and graduate students enrolled in any accredited post-baccalaureate program are eligible to apply. Princeton University students are given priority.
Participants in the program will have the opportunity to intern in one of several departments, including curatorial, education, and information technology. Based on the available internship opportunities listed below, summer applicants should select ONE opportunity in their application; however, the Museum cannot guarantee that applicants will be offered an internship in their preferred department.
Interns are selected on the basis of their experience, academic training, and existing skills. Most interns will have the opportunity to learn about collections research firsthand.
Read more and apply here.
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The Hon. William C. Conner Intellectual Property Writing Competition, NYIPLA
The New York Intellectual Property Law Association (NYIPLA) is currently accepting submissions for The Hon. William C. Conner Intellectual Property Writing Competition. The award was established to recognize exceptionally written papers in the field of intellectual property, i.e., patents, trademarks, copyrights, trade secrets, unfair trade practices, antitrust, and data security/privacy issues. The competition is open to students enrolled in a J.D. or LL.M. program. Two awards are given, with cash prizes. The deadline is March 7th, 2025. For details, rules and requirements, please visit the competition site.
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The Phil Cowan-Judith Bresler Memorial Scholarship Writing Competition, NYSBA
The New York State Bar Association Entertainment, Arts and Sport Law (EASL) committee offers The Phil Cowan-Judith Bresler Memorial Scholarship Writing Competition to students in New York and New Jersey law schools. EASL awards two scholarships of $2,500 each for outstanding research & writing in the areas of entertainment law, arts law, sports law and related areas such as fashion law, gaming law and Intellectual property. The deadline is April 1, 2025.For more details, rules and requirements, please visit the competition site.
Art Law Colloquium: Nazi Art Plunder in Postwar Western Europe
Artist Legacy & Estate Planning Clinic (Feb. 12, 2025)
From Paintings to Pixels: Estate Planning for Artists in the Digital Age
Case Law Corner
View both new and old art law cases featured this month in our Case Law Database:
- Safani Gallery, Inc. v. Italian Republic, No. 19-CV-10507 (VSB), 2025 WL 315956 (S.D.N.Y. Jan. 28, 2025).
- Deseret Book Co. v. Nanjing Lian Yidu Trading Co., No. 2:24-CV-00961-JNP, 2025 BL 18186 (D. Utah Jan. 21, 2025).
- RH9 Group, LLC v. Alon Zakaim Fine Art Ltd., No. 22-CV-09399 (VSB), 2025 WL 71863 (S.D.N.Y. Jan. 10, 2025).
- Davidson v. 925 LLC, No. 23-CV-09891-NSR (S.D.N.Y. Jan. 6, 2025).
- Markos v. BBG, Inc., No. 3:23-CV-02125-X (N.D. Tex. July 22, 2024).
- de Fontbrune v. Wofsy, 39 F.4th 1214 (9th Cir. 2022).
The Monument’s End: Public Art and the Modern Republic
by Marisa Anne Bass
Monuments occupy a controversial place in nations founded on principles of freedom and self-governance. It is no accident that when we think of monuments, we think of statues modeled on legacies of conquest, domination, and violence. The Monument’s End reveals how the artists, architects, poets, and scholars of the early modern Netherlands contended with the profound disconnect between the public monument and the ideals of republican government. Their experiences offer vital lessons about the making, reception, and destruction of monuments in the present.
Art in a State of Siege
by Joseph Leo Koerner
Art in a State of Siege tells the story of three compelling images created in dangerous moments and the people who experienced them—from Philip II of Spain to Carl Schmitt—whose panicked gaze turned artworks into omens.
Acclaimed art historian Joseph Koerner reaches back to the eve of iconoclasm and religious warfare to explore the most elusive painting ever painted.
Law at the Movies: Turning Legal Doctrine into Art
by Stanley Fish
This book asks, “How can legal doctrine be turned into filmic art?” By “legal doctrine,” Prof. Stanley Fish has in mind the specific rules and procedures invoked and analyzed by courts on the way to declaring a decision–lawyer/client confidentiality, the distinction between interdicted violence and the violence performed by the legal system, the interplay of positive law and laws rooted in morality, the difference between civilian law and military law, the death penalty, the admissibility of different forms of evidence. In the movies he discusses, these and other points of doctrine and procedure do not serve as a background, occasionally visited, to the substantive issues that drive the plot and provide the characters with choices; they declare the plot, and character is formed and tested in relationship to their demands.
Semiotics, Law & Art
by Eduardo C.B. Bittar
This book presents an interdisciplinary study of the relation between semiotics, law & art. Focusing on Greimasian semiotics, it examines specific works of art (from Giotto to Banksy) that deal with the theme of justice, promoting a more sensitive and humanized perception of the values that surround law. The book offers readers a comprehensive review of the semiotics of law, critically examining the relation between law & art. Written from both philosophical and semiotical perspectives, the book enhances the centrality of visual jurisprudence studies to promote a better understanding of the role of law.
From the Back Cover
About the Author
Law and Art in the 19th Century: Power in Images
by Giovanni Rossi, Pietro Schirò
This volume deals with the figurative representation of law and power in the 19th Century, emphasising the importance of images and, thus, of the iconographic representation of themes and concepts pivotal to law in 19th-century Europe. The twenty collected contributions examine multiple topics connected to different forms of artistic expression and investigate how painting, sculpture, and architecture reproduced a peculiar vision of law and power, sometimes to amplify its importance, sometimes to formulate an open critique. The volume analyses a series of case studies to focus, with a comparative and multidisciplinary approach, on the ways in which the emergence of a new juridical experience in 19th-century Europe led to the replacement – or re-semanticisation – of symbols and images traditionally associated with law and power, in order to express and propose to the society of the time a new conception of the law.
Plunder?: How Museums Got Their Treasures
by Justin M. Jacobs
In this thought-provoking new work, historian Justin M. Jacobs challenges the widely accepted belief that much of Western museums’ treasures were acquired by imperialist plunder and theft. The account reexamines the allegedly immoral provenance of Western collections, advocating for a nuanced understanding of how artifacts reached Western shores. Jacobs examines the perspectives of Chinese, Egyptian, and other participants in the global antiquities trade over the past two and a half centuries, revealing that Western collectors were often willingly embraced by locals. This collaborative dynamic, largely ignored by contemporary museum critics, unfolds a narrative of hope and promise for a brighter, more equitable future—a compelling reassessment of one of the institutional pillars of the Enlightenment.
About Jacobs from the University of Chicago Press: “Justin M. Jacobs is associate professor of history at American University. He is the author of Indiana Jones in History and Xinjiang and the Modern Chinese State. He also serves as editor of The Silk Road journal and hosts Beyond Huaxia, a podcast on East Asian history.”
Relics of War: The History of a Photograph
by Jennifer Raab
Richly illustrated, Relics of War vividly demonstrates how one photograph can capture a precarious moment in history, serving as witness, advocate, evidence, and memory.