Vol. 3 No. 1, Fall 2011; “If You Could Say It In Words, There’d Be No Reason to Paint”: Recovering Beloved Works of Art Through Civil Forfeiture
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This Comment analyzes the benefits of the use of civil forfeiture on pieces of art and cultural property looted by the Nazi party during World War II. This Comment begins by discussing the barriers to repossession that claimants face in seeking traditional civil and criminal remedies. Then, this Comment explains the civil forfeiture process and how it applies to situations of Nazi-looted art. Finally, this Comment argues that civil forfeiture offers the best protection of original owners' rights by discussing the benefits of civil forfeiture proceedings, the due process objections against the use of civil forfeiture on Nazi-looted art, and the moral obligations that trump these objections.