Selling Cezanne: Addressing Legal Gaps in Museum Deaccessioning

Deaccessioning cases in the United States indicate that aside from strictly worded donor restrictions, museum boards have significant legal freedom over the objects in their collections. There are no federal statutes to regulate museum governance, and New York is the only state that has codified museum collection-management practices. The only limitations come from ethical guidelines and industry pressure. By examining the governance structure of museums, the fiduciary duties of nonprofit boards, and controversial deaccessioning cases in the United States, as well as comparing these structures with policies in place in the United Kingdom, this Note proposes that museums in the United States would benefit from implementing regulations to ease the tension of deaccessions. Instituting an independent reviewing committee with academics and industry professionals, a charity commission, and legislation for general low-value deaccessions would alleviate the pressure on state attorneys general, museum boards, local communities, and judges.

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