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- Title
THE CONUNDRUM OF COMITY: HOW THE CONTINUED APPLICATION OF THE ACT OF STATE DOCTRINE CREATES TENSION ON GOVERNMENT-TAKEN ART.
- Authors
Rosenthal, Aaron
- Abstract
The article focuses on the tension brought by the act of state doctrine application on the art taken by the U.S. government. It traces the history of the doctrine, its usual application, and its exceptions. It summarizes and highlights the application of the doctrine to the ruling of Pierre Konowaloff's case and then explains how the ruling was supported by the doctrine's history. It also takes into account the effect of Konowaloff on Russian immigrant descendants and the significance of setting it aside.
- Subjects
UNITED States; ACT of state doctrine; CONFLICT of laws -- Public policy; ART &; state; KONOWALOFF, Pierre; RULE of law; POLITICAL questions &; judicial power; IMMIGRATION law; IMMIGRANTS; COMITY of nations; ACTIONS &; defenses (Law)
- Publication
DePaul Journal of Art, Technology & Intellectual Property Law, 2012, Vol 22, Issue 2, p413
- ISSN
2574-4860
- Publication type
Article