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Articles 1 - 3 of 3
Full-Text Articles in Law
Admiralty, Abstention, And The Allure Of Old Cases, Maggie Gardner
Admiralty, Abstention, And The Allure Of Old Cases, Maggie Gardner
Notre Dame Law Review
The current Supreme Court has made clear that history matters. But doing history well is hard. There is thus an allure to old cases because they provide a link to the past that is more accessible for nonhistorian lawyers. This Article warns against that allure by showing how the use of old cases also poses methodological challenges. The Article uses as a case study the emerging doctrine of foreign relations abstention. Before the Supreme Court, advocates argued that this new doctrine is in fact rooted in early admiralty cases. Those advocates did not, however, canvass the early admiralty practice, relying …
Swept Away: Should Courts Retain A Recklessness Standard In Assessing Rescuer Injury Claims Under The Maritime Rescue Doctrine?, Anthony Acciaioli
Swept Away: Should Courts Retain A Recklessness Standard In Assessing Rescuer Injury Claims Under The Maritime Rescue Doctrine?, Anthony Acciaioli
Notre Dame Law Review
This Note asserts that courts should continue to apply the traditional maritime rescue doctrine along with its “wanton or reckless” standard when assessing whether a rescuer injured during a maritime rescue attempt stemming from a negligent tortfeasor’s conduct may recover for his or her injuries. Part I will analyze the arc of rescue doctrine–related case law surrounding the aforementioned circuit split, scrutinizing how the rescue doctrine has been impacted by the larger-scale paradigm shift in apportioning liability from contributory negligence to comparative negligence. Part II will discuss the circuit split directly and argue that in light of admiralty law’s historical …
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Journal Articles
In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …