Fisk University Wins Appeal

OKeeffes Radiator Building
Georgia O’Keeffe Radiator Building

In a 2-1 decision Fisk University has won an appeal against the state of Tennessee which will allow it to sell a partial share in works of art to the Crystal Bridges Museum in Arkansas. The Tennessean reports today that the proceeds from the sale can be used as Fisk sees fit, it will not have to set aside 2/3 ($20 million) of the proceeds to care for the art. This is the latest, but not the last ruling in a dispute which has been ongoing since Fisk decided in 2004 to help offset its financial difficulties by selling works of art donated by Georgia O’Keeffe and her husband Albert Stieglitz.

Fisk officials called the ruling a victory: “On behalf of the many students who attend and the faithful alumni and friends, we look forward to working out the details with the Chancery Court and the (Tennessee) Attorney General,” said Fisk President Hazel R. O’Leary. We will never know for certain whether O’Keeffe would have approved of the sale of part of the collection, and as a consequence sharing the art in the South equally between Fisk and Crystal Bridges makes good sense for the University and the Museum, and art patrons in the South. It seems an interesting bit of timing that just as the Court of Appeals released its decision, Crystal Bridges is opening as well. The long legal battle is nearly done, as it will now be up to The State Attorney General, Fisk and the Chancery Court of Davidson County to work out the final arrangements for the sale in accordance with the latest appellate ruling.

  1. Brian Haas, Court validates Fisk’s Georgia O’Keeffe art-sharing deal, Tennessean,  (last visited Nov 30, 2011).
Questions or Comments? Email me at derek.fincham@gmail.com

Who Benefits From the Stieglitz Collection at Fitz University?

So asks Boston University Law Prof. Alan Field in a piece on SSRN: Who Are the Beneficiaries of Fisk University’s Stieglitz Collection? Here is the abstract:

Most fiduciary relationships determine with specificity the beneficiaries of the fiduciary’s activities. Not-for-profit entities, however, serve a class of unspecified beneficiaries and can exercise discretion in determining who to serve and how to serve them. This paper explores the limits of discretion that recent litigation established for Fisk University in balancing its educational mission and its administration of a valuable art collection donated decades earlier. The paper analyzes the case as it addresses respect for donor conditions, changes in circumstance, standing issues, the doctrine of cy pres and the designation of the appropriate class of public beneficiaries. Race and geography also play contributing roles.

Well worth a read. Donn Zaretsky finds it “much more interesting” than the Attorney General’s brief in the very long legal battle over the present disposition of the collection.

Questions or Comments? Email me at derek.fincham@gmail.com

"nothing less than a theft of the art from Fisk"

 So says Fisk University in response to the Tennessee State Attorney Generals proposal for disposition of the Fisk-Stieglitz Collection.  In a proposal filed Friday in the Chancery Court Attorney General Robert Cooper would have the Tennessee Arts Commission take temporary possession of the collection.  Fisk University is seeking approval in Chancery Court for the approval of a partial sale of the collection to the Crystal Bridges Museum in Bentonville Arkansas for $30 million.  Lee Rosenbaum notes that the Tennessee AG’s proposal would “honor donor Georgia O’Keeffe’s expressed wishes and do justice to a celebrated collection that was under-utilized at Fisk (which, for a time, had placed the Stieglitz Collection in storage at the Frist). But the deal would leave Fisk without its coveted $30-million windfall from Crystal Bridges”. 

This means the Chancery court will now have to weigh the sale of a partial interest in the collection in Arkansas in a move which might allow Fisk University to avoid closing for good against a plan which would keep the art in Nashville year-round but give very little compensation to the University. 

Donn Zaretzky, like Fisk University, is not a fan of the AG’s proposed Nashville-first settlement:

This of course does nothing (or very little) for Fisk, but, as we all know, benefiting Fisk was not part of O’Keeffe’s intent when she gave the Collection to Fisk. She could care less about Fisk! In fact she hated Fisk! What she really cared about was the People of Nashville. If Fisk goes under, hey, stuff happens. Not our problem. Our problem — as Lovers of Art — is to see to it that the donor’s intent is always satisfied. And obviously in this case O’Keeffe would have preferred that the works be shown at the Frist Center than have Fisk share the Collection with the Crystal Bridges Museum. So this is a Good Day For Art: the works will be leaving Fisk, but instead of going to Museum A, they will be going to Museum B, which is much better. Obviously.

  1. Erik Schelzig, Proposal made for art donated by O’Keeffe » Knoxville News Sentinel, http://www.knoxnews.com/news/2010/sep/13/proposal-made-for-art-donated-by-okeeffe/ (last visited Sep 13, 2010).
Questions or Comments? Email me at derek.fincham@gmail.com