I expanded a bit on a blog post from last year with an essay for the Cumberland Law Review which takes up the tools of art authentication to argue that Go Set a Watchman should not be considered an authentic work by the author, and instead complicates the idea of authorship. Here’s the abstract:
For many lawyers, Harper Lee’s To Kill a Mockingbird represents an important goal to which law and its practitioners should strive. The novel describes the struggle to achieve justice for a black man in the face of deep-seated institutional racism. It stands as a beloved work of literature, widely read and deeply appreciated. Therefore, any work that Lee would have written after To Kill a Mockingbird would have sparked tremendous interest, given the beloved place her first novel holds. But many other questions have arisen since the release of Go Set a Watchman. This essay aims to address how the authenticity of the novel should be weighed by using the tools of art historians and the art market.
Last week, attorneys filed a civil forfeiture action on behalf of the United States for four antiquities allegedly being held as foreign assets of ISIL. The case marks a couple firsts. For one it is the first forfeiture action targeting foreign assets of ISIL of any kind. Second, it marks the first forfeiture initiated by the U.S. government of this kind, where the objects at issue have not been seized by the government, but rather only photographic and associated evidence of their possible introduction into the antiquities trade exists. As a consequence this is an extra-territorial forfeiture which shares many similarities with the efforts of Italian prosecutors to forfeit the Fano athlete/Getty Bronze.
The best overview of the forfeiture I’ve seen can be found at chasing aphrodite. There, Jason Felch was able to speak with Arvind Lal and Zia Faruqui in the U.S. Attorneys Office for the District of Colombia:
Where are the objects? Lal and Zia declined to say whether they knew where the objects were, citing the on-going investigation of the Abu Sayyaf material. But they said the complaint makes clear they are not currently in the United States.
Why file the complaint now? Lal said that the time between the May 2015 raid and the forfeiture complaint was necessary to conduct a thorough investigation of the records seized from Abu Sayyaf, consult with experts on the objects depicted in those records, coordinate with other federal agencies (FBI, State, Treasury and “other government agencies”) and compile the complaint. “We feel like we’ve done our homework with respect to these four items,” Lal said, suggesting that additional items may be added to the complaint in the future.
The practical implication of this forfeiture will mean that the market for these four objects, and perhaps objects like them, has been sharply diminished. The forfeiture complaint also details the ways in which looting takes place. The traditional rationales for antiquities looting may be much messier than we have thought, with women and family members forced to loot the al-Salihiyyah archaeological site to prevent harm to a young family member, as the documents seized in the Abu Sayyaf raid which have been made public for the first time in this complaint seem to show.
US files first case against ISIS to recover antiquities, http://ara.tv/m65yq (last visited Dec 20, 2016).
Former Senator and U.S. Representative Mark Udall argues President Obama could still set aside the “Bears Ears” National Monument:
The president has a rare opportunity to advance this proud tradition by protecting a spectacular area critical to our western heritage: Bears Ears, a 1.9 million-acre area in southern Utah replete with thousands of historic and cultural sites.
President Obama has already demonstrated his commitment to preserving and protecting unique public treasures for generations to come. He did so with Chimney Rock in southwest Colorado and again with Browns Canyon in Chaffee County. I was proud to champion both bipartisan efforts to protect these landscapes for future generations.
The president now has the chance to preserve lands vital to our nation’s heritage and history with the support of five Native American tribes whose heritage is memorialized in this area. He should utilize the Antiquities Act to protect the Bears Ears region in southeast Utah — a site that represents our western pioneering history and that of the tribal communities across the region, including the Ute Mountain Ute Tribe.
Numerous Native American tribes trace their roots to Bears Ears. In fact, the strongest voices in favor of a designation have come from the Ute Mountain Ute, Hopi, Navajo, Uintah and Ouray Ute, and Zuni tribes. The site also is home to artifacts from pioneers who made a home in the American West.
One of the prominent natural features in the landscape is Jacob’s Chair, named after my great-great grandfather, Jacob Hamlin, who was known as the Mormon Pathfinder. Hamlin spent his life working tirelessly to resolve conflicts that arose between the newly arrived settlers and the deeply rooted Native American tribes and bands already living in the area. His vision encompassed a future where both groups lived and worked together collaboratively, respecting each other’s traditions and beliefs, and living in harmony with the land. A Bears Ears National Monument would be a 21st century investment in that vision.