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Who Chooses? Who Loses? Legal and Reputational Issues in Funding Public Art and Art Institutions

Total Credits
1 - 1.2
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Funding from art institutions comes from a variety of sources, both public and private. Ultimately, a donor and the institution or organization it funds becomes inextricably tied – mention one and people immediately think of the other. But what happens when that connection becomes detrimental? Can an institution legally remove a donor’s name? Can they remove a director? At what point is a donor or director’s reputation sufficiently damaging to provide legal cause for removal? What is the removal process in these instances? These and other issues will be discussed in this comprehensive CLE course which will present specific case studies and their resolutions.

Lecturer Bios

Hon. Barbara Jaffe

Justice Barbara Jaffe received her BA, cum laude, from Syracuse University, as well as an MA in Italian Renaissance Art on a graduate fellowship in Florence, Italy. After six years in the wholesale antiques business, she attended Brooklyn Law School and obtained her JD. Justice Jaffe then represented indigent criminal defendants on appeal for The Legal Aid Society, successively served as principal court attorney to two Supreme Court justices in the Criminal Term, was elected to the New York City Civil Court, sat in that court and in the New York City Civil Court, and was appointed to the New York State Supreme Court, Civil Term, where she presides in an Individual Assignment Part and is specially assigned to try asbestos cases.

Justice Jaffe serves on the Executive Committee of the New York State Bar Association’s Entertainment, Arts, and Sports Section. She is a Founding Faculty member of New York County Lawyers Association’s (NYCLA) Art Litigation and Dispute Resolution Institute, and is a member of that association’s Pro Bono Committee and Supreme Court Committee, and has served on its Committee on Lesbians, Gays, Bisexuals, and Transgendered Issues. She co-chaired NYCLA’s Civil Court Practice Section and has lectured at numerous continuing legal education programs there and elsewhere, including the New York City Bar Association, which she represented as a delegate to the State Bar’s House of Delegates. She also served on the City Bar’s Committee on Nominations, Committee on Civil Rights, Art Law Committee, Special Committee on Capital Punishment, Committee on Civil Court, Committee on Criminal Law, and Special Committee on Public Service and Education, and chaired a joint City Bar/NYCLA committee that produced, in six languages, the “New York State Criminal Justice Handbook.”

Michele Bogart

Michele H. Bogart has taught art history and American visual culture studies at Stony Brook University since 1982. Bogart is author of Sculpture in Gotham: Art and Urban Renewal in New York (2018)(Reaktion Books); Public Sculpture and the Civic Ideal in New York City, 1890- 1930 (1989/1997), recipient of the 1991 Charles C. Eldredge Prize; Artists, Advertising, and the Borders of Art (1995); and The Politics of Urban Beauty: New York and Its Art Commission (2006). She was a talking head in the documentary on movie poster artist Reynold Brown ("The Man Who Drew BugEyed Monsters"), which aired on PBS television in July 1996; in the Norwegian television series “Cultural Disorder”; in the 2007 DVD documentary on Norman Rockwell, produced by Lucasfilm as part of its 12- volume “Young Indiana Jones” series; and in a November 2012 segment on public art for Kulturen på News, TV2 News, Denmark. She has been widely quoted in the New York Times, New York Post, Wall Street Journal, and Harper’s, and has published two invited op-eds about monuments in the New York Daily News. Bogart was a 2017-2019 Fellow at the Rockwell Center for Visual Studies at the Norman Rockwell Museum in Stockbridge, MA. She has held a Guggenheim Fellowship (2001) and was a Fellow of the Terra Foundation of American Art and Visiting Professor of American Art at the JFK Institut, Freie Universität von Berlin. She has also had fellowships from the National Endowment of the Humanities, the ACLS, the Winterthur Museum and Library, and the Smithsonian Institution’s Smithsonian American Art Museum. From 1999 through 2003 she was Vice President of the Art Commission of the City of New York (since renamed the Public Design Commission [PDC]), the City’s design review agency, and presently serves on the PDC’s Conservation Advisory Group. In spring 2020 she will be Leon Levy Fellow at the Center for the History of Collecting at the Frick, She received her MA and Ph.D. from the University of Chicago.

Jennifer Franklin, Esq.

Jennifer Franklin is Senior Counsel at Simpson Thacher & Bartlett LLP where she practices in the Exempt Organizations Practice. She advises a variety of international and domestic exempt organizations, including both private foundations and public charities, and has worked on transactional and tax matters, including the merger or dissolution of non-profit corporations, for private foundations and public charities. Jennifer has significant experience in the areas of charitable gift-planning, where she works with donor-advised fund and supporting organization structures and she also structures endowment fund gifts. Jennifer’s experience also includes art law, where she advises artist and collector foundations on governance and tax issues and individual and foundation donors on charitable gifts of works of art. Jennifer’s professional associations include membership with the ABA Section of Taxation’s Exempt Organizations Committee, where she currently serves as the Co-Chair of its Subcommittee on Small Tax-Exempt Organizations. Jennifer was named a John S. Nolan Fellow of the ABA Section of Taxation for 2002-2003 and served as the Secretary of the ABA Section of Taxation’s Exempt Organizations Committee from 2001-2003. Jennifer has also been a speaker on several panels at meetings of the ABA Section of Taxation’s Exempt Organizations Committee, discussing topics such as revisions to IRS Form 1023, Application for Recognition of Tax Exemption, the applicability of Circular 230 to exempt-organization practitioners, practical charitable-giving solutions involving the use of donor advised funds and the structuring of art gifts. Jennifer has spoken on a variety of exempt-organization topics at the New York City Bar Association, the New York Regional Association of Grantmakers, the AICPA’s National Not-for-Profit Industry Conference, the Western Conference on Tax-Exempt Organizations, the Georgetown Law Conference on Representing and Managing Tax-Exempt Organizations, the University of Texas School of Law Nonprofit Organizations Compliance and Internal Review Workshop and at programs sponsored by New York Lawyers for the Public Interest and Legal Aid Society of New York. Jennifer co-authored an article with David Shevlin entitled “Heading Into the Year- End: Issues for Donors and Charities to Consider When Making and Accepting Gifts of Restricted Stock,” published in the February 2002 edition of The Exempt Organization Tax Review. Jennifer also published an article entitled “Final Regulations Provide Guidance on the Treatment of Corporate Sponsorship Payments" in the July/August 2002 edition of Taxation of Exempts and wrote the “Letter Ruling Alert” in the July 2002 edition of The Exempt Organization Tax Review. More recently, Jennifer published an article entitled “Using a Donor Advised Fund for Charitable Giving” in the April 2012 edition of the Orange County Lawyer. Jennifer currently serves on the Board of Directors and as the Secretary of Good+ Foundation (formerly Baby Buggy), a charity dedicated to dismantling multi-generational poverty by pairing tangible goods with innovative services for low-income fathers, mothers and caregivers, and on the Advisory Council of the New York Landmarks Conservancy. She served on the Board of Directors of the Law Alumni Association of Duke University School of Law from July 2013 until June 2019. Jennifer earned her J.D. at Duke University, where she graduated magna cum laude, and earned her B.S. degree from Georgetown University, where she also graduated magna cum laude.

Dr. Sally Yerkovich

Sally Yerkovich is Director of Educational Exchange and Special Projects at The American- Scandinavian Foundation and Professor of Museum Anthropology at Columbia University. She holds an M.A. and Ph.D. from the University of Pennsylvania. Ms. Yerkovich serves as the Chair of the International Council of Museums (ICOM) Ethics Committee as well as the Professional Standards and Ethics Committee of the American Association of State and Local History (AASLH). Author of A Practical Guide to Museum Ethics, her work, which draws upon more than thirty years of leadership experience, is increasingly engaged with how museums will face the ethical challenges of the future. A cultural anthropologist with experience in museums and cultural institutions in New York and Washington, DC, she held leadership positions at the National Endowment for the Humanities, National Endowment for the Arts, South Street Seaport Museum, and Museum of the City of New York. She was president and CEO of The New Jersey Historical Society, Executive Director at the Museum for African Art, and first president of the Tribute NYC Museum. She also worked with cultural organizations in Central and Eastern Europe leading interactive workshops on best practices for the Fund for Arts and Culture. She currently sits on the Board of Trustees of the Merchant’s House Museum in New York City.

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