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Subject:
From:
Richard Gerrard <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Tue, 25 Mar 1997 12:21:37 -0500
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Amy,

it sounds to me that you are looking (in general terms) at two areas:

1) the obligations under law of museum directors towards the collections
in their trust, and
2) the process undertaking of due diligence in transactions involving
the collection.

Marsh, Gordon H., 1980/81, "Governance of Non-Profit Organizations: An
Appropriate Standard of Conduct for Trustees and Directors of Museums
and Other Cultural Institutions", _Dickinson Law Review_, Vol. 85,
pp.607-27

- presents several cases where museums ended up in court for not
adequately managing the collections under their care

Hoover, Deborah, 1990, "Museum Collections at Risk: Standards of
Diligence for Protecting Your Monet", _The Journal of Arts Management
and Law_, Vol. 20, No. 1., pp. 37-62

- primarily discusses due diligence in regard to acquisition of good
title to objects, but the arguements can be applied whenever transfer of
legal title issues arise (acquisition, loans, deaccessions)

As a Registrar this is a topic near and dear to my heart, and one upon
which I can pontificate at length (just ask my students!).  Good luck
with your research, and feel free to contact me if you need more
information or citations.

Richard Gerrard

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