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This book offers a clear, accessible account of the American litigation over the restitution of works of art taken from Jewish families during the Holocaust. For the past two decades, the courts of the United States have been an arena of conflict over this issue that has recently captured widespread public attention. In a series of cases, survivors and heirs have come forward to claim artworks in public and private collections around the world, asserting that they were seized by the Nazis or were sold under duress by owners desperate to escape occupied countries. Spanning two continents and three-quarters of a century, the cases confront the courts with complex problems of domestic and international law, clashes among the laws of different jurisdictions, factual uncertainties about the movements of art during and after the war, and the persistent question whether restitution claims have been extinguished by the passage of time.Through individual case studies, the book examines the legal questions these conflicts have raised and the answers the courts have given. From the internationally celebrated "Woman in Gold" lawsuit against Austria to lesser-known claims against Germany, Hungary, Spain, and museums and private collections in the United States, the book synthesizes the legal and evidentiary materials and judicial rulings in each case, creating a coherent narrative of proceedings that are often labyrinthine in complexity. Written by a leading authority on litigation and procedure, the book will be of interest to readers in various fields of the humanities and social sciences as well as law, and to anyone interested in the fate of artworks that have been called the "last prisoners" of the Second World War.
Everyone agrees that firms should obey the law. But beyond the law -- beyond compliance with regulations -- do firms have additional social responsibilities to commit resources voluntarily to environmental protection? How should we think about firms sacrificing profits in the social interest? May they do so within the scope of their fiduciary responsibilities to their shareholders? Is the practice sustainable, or will the competitive marketplace render such efforts and their impacts transient at best? Furthermore, is the practice, however well intended, an efficient use of social and economic resources? And do some firms already behave this way? Until now, public discussion has generated more heat than light on both the normative and positive questions surrounding corporate social responsibility (CSR) in the environmental realm. In Environmental Protection and the Social Responsibility of Firms, some of the nation's leading scholars in law, economics, and business examine commonly accepted assumptions at the heart of current debates on CSR and provide a foundation for future research and policymaking. Distinguished contributors to this book include Einer Elhauge and Mark Roe of Harvard Law School; John Donohue and Daniel Esty of Yale Law School; Paul Portney of Resources for the Future; Dennis Aigner of the University of California, Santa Barbara; Forest Reinhardt of Harvard Business School; David Vogel of the University of California, Berkeley; and Eric Orts of the Wharton School at the University of Pennsylvania.
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