Page 31 - Jewish Book Annual Volume 47

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to bring other appropriate institutions o f higher Jewish learning
into the arrangement.
As proposed, the conservancy, which would own these mate­
rials, will include a representative o f each participating institution
as a trustee. . . The trust will preserve the books and manuscripts
. . . and make them available to institutions o f Jewish or general
scholarship. The agreement would provide for admission o f ad­
ditional appropriate institutions in the future (pp. 13-14).
Put ano ther way in the accompanying memorandum : “HUC
does not insist upon asserting its property interest in those ma­
terials to the exclusion o f o ther institutions o f h igher Jewish
learning. Instead, HUC proposes a conservancy arrangem ent,
whereby HUC, the Jewish Theological Seminary, the Leo Baeck
College, and o ther approp riate institutions o f higher Jewish
learning will share ownership and access to these materials” (pp.
The settlement was approved despite HUC’s opposition, but
HUC’s espousal o f the conservancy plan was more successful.
The rest o f the story is relatively uncomplicated and can be
summarized briefly. In October 1985, JRSO recommended to
the Court that all o f the manuscripts and two p rinted books
be recalled from their purchasers. The Court approved this.
The Judaica Conservancy Foundation was incorporated in J a n ­
uary, 1986. In July, JRSO recommended to the Court that all
o f the assets be en trusted to the Judaica Conservancy Founda­
tion. Saul Kagan, Executive Director o f JRSO, justified the rec­
ommendation in p a rt as follows:24
1. The Judaica Conservancy Foundation represents a joint un­
dertaking o f the Hebrew Union College-Jewish Institute o f
Religion, Cincinnati; the Hebrew University, Jerusalem; the
Jewish Theological Seminary, New York; the Leo Baeck Col­
lege, London; the Leo Baeck Institute, New York; and Ye-
shiva University, New York. The institutions encompass the
three principal Jewish institutions o f higher learning in the
United States and the leading university in Israel which in­
cludes the Jewish National and University Library, as well as
24. Letter to Justice White dated July 8, 1986.