Lee Spielmann 'FRG v. Philipp' and the FSIA: The U.S. Supreme Court Misapprehends the Holocaust
The U.S. Supreme Court in 'Federal Republic of Germany v. Philipp' recently held that the 1935 sale of various cultural artifacts by their Jewish owners to the Nazi regime was insufficient to overcome Germany's presumptive immunity against suit under the Foreign Sovereign Immunities Act. A central flaw in its analysis implicates the decision's soundness.
July 14, 2021 at 11:30 AM
10 minute read
In February the U.S. Supreme Court in Federal Republic of Germany v. Philipp held the 1935 sale of various cultural artifacts by their Jewish owners to the Nazi regime was insufficient to overcome Germany's presumptive immunity against suit under the Foreign Sovereign Immunities Act (FSIA). A central flaw in the court's analysis implicates the decision's soundness. 141 S.Ct. 703 (2021); 28 U.S.C. §§1602-1611.
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