Law Commons^™

Still On Patrol: An Argument For Greater Protections For Sunken American State Vessels In International And Foreign Coastal Waters, Sarah Elizabeth Catterson

St. John's Law Review

(Excerpt)

Quint, the surly captain from Steven Spielberg’s Jaws, is perhaps most famous for his soliloquy recounting the Indianapolis tragedy. The Indy, as she was called, sunk just under fifteen minutes after being hit by Japanese torpedoes in 1945 following her delivery of the components for the Hiroshima atomic bomb to the Pacific island of Tinian. It took the Navy five days to realize she was missing, by which point 600 of the 800 survivors had died from exposure or shark attacks. The Indy remained missing until she was found seventy-two years later by the Petrel, a …

Drilling For Admiralty: The Ocsla As A Bar To Maritime Law In Ocs Drilling Accidents, Christopher W. Sanborn

William & Mary Business Law Review

Maritime law is ultimately driven by commerce. The seas were—and continue to be—one of the easiest ways to transfer goods over large distances. Yet maritime commerce has a relative newcomer that is not shipping or transportation focused—offshore drilling. Should admiralty and maritime law, intended to protect seamen and keep ships engaged in maritime commerce apply to personal injury claims on drilling rigs on the Outer Continental Shelf? This Note argues that they should not apply for two reasons. In Lozman v. Riviera Beach, the Supreme Court announced that a “vessel” should appear to the reasonable observer as intended to carry …

Cruise Ship And Crime: How To Better Protect United States’ Citizens Who Are Victims Of Crime On The High Seas, Eda Harotounian

Loyola of Los Angeles Law Review

No abstract provided.

Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, Adam S. Bohanan

Ocean and Coastal Law Journal

In maritime personal injury cases, courts have traditionally seen prejudgment interest as part of the compensation due to a prevailing plaintiff. The goal of ensuring the fullest compensation possible has long been recognized as a basic principle of admiralty law. However, federal appellate courts are split over whether to award prejudgment interest on a mixed claim under general maritime law and the Jones Act. This Note explores this issue in Nevor v. Moneypenny Holdings, LLC, which was the first time the question had been raised in the First Circuit. The Fifth and Sixth Circuits have held that because prejudgment interest …

Doing Aweigh With Uncertainty: Navigating Jones Act Seamen’Sclaims Against Third Parties, Sara B. Kuebel

Louisiana Law Review

The article focuses on Jones Act as per which seaman may recover punitive damages from a third-party non-employer and law should afford seamen and non-seafarers the same protections under general maritime law against non-employer and protecting seamen as the wards of admiralty.

Lost At Sea: The Continuing Decline Of The Supreme Court In Admiralty, Michael Sevel

University of Miami Law Review

For the first 200 years of its history, the United States Supreme Court served as the primary leader in the development of, and its cases the primary source of, the admiralty and maritime law of the United States. That appears to be changing. The Court’s admiralty cases over the last quarter century indicate that it is slowly giving up its traditional leading role in creating and developing rules of admiralty law, and instead deferring to Congress to make those rules, a trend that is tantamount to abandoning its Article III constitutional duty to serve as the country’s only national admiralty …

Some Reflections Over The Brussels Convention Of 1952 Relating To Arrest Of Sea-Going Vessels And Its Amending Process, Jose M. Alcantara

Georgia Journal of International & Comparative Law

No abstract provided.

Tarrification Of The Coastwise Trade Laws, Keith E. Diggs

Michigan Law Review

The coastwise trade laws prohibit foreign vessels and mariners from transporting goods or passengers between American ports. These anticompetitive laws punish American producers and consumers yet barely sustain a dwindling merchant marine. Every attempt to repeal the laws encounters insurmountable political resistance. Reformers of the coastwise trade laws, then, should instead try to convert the prohibition on foreign involvement into a tariff.

California V. Deep Sea Research: Leashing In The Eleventh Amendment To Keep Sinking Shipwreck Claims Afloat, Paul Neil

Pepperdine Law Review

No abstract provided.

The Continuum Of International Maritime Law And Canadian Maritime Law: Explaining A Complex Relationship, Aldo Chircop, Sarah Shiels

Dalhousie Law Journal

This article discusses the relationship between international maritime law and Canadian maritime law from legislative and judicial perspectives. It explains the relationship through Canada's implementation of international maritime conventions and a study of Canadian case law The article concludes that the relationship has a well-developed pattern based on legislative structures and judicial processes. With strong historical roots and traditions, the relationship is motivated by international comity and has firm grounding in international and domestic public policyin support ofinternational uniformity to facilitate international commerce. Canadian maritime law has a unique heritage underscored by commercial necessity The consequence is a relationship between …

Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck

Penn State Journal of Law & International Affairs

In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This article addresses pertinent …

Admiralty Law - Are Seamen Still The "Wards Of Admiralty"? Sutton V. Earles: Ninth Circuit Extends Loss Of Society Damages To Non-Dependent Parents Of Non-Seamen In Maritime Wrongful Death Action, Arthur F. Mead Ill

Golden Gate University Law Review

This comment compares the Ninth Circuit's holding with the approaches other courts have taken regarding loss of society damages and the dependency rule for awarding such recovery in maritime wrongful death actions. This comment concludes that, although the Ninth Circuit's decision was an empathetic attempt at developing the law of maritime damages, the holding's glaring conflict with the spirit of the maritime remedial statutory scheme is exemplary of a growing problem in maritime law. Specifically, as judges struggle to keep the rules of admiralty current with common law developments outside the maritime context, the separation of judge-made doctrine from Congressional …

Admiralty Law, Lyle C. Cavin Jr., Esq., Philip A. Rush

Golden Gate University Law Review

No abstract provided.

Cleaning Up Punitive Damages: A Statutory Solution For Unguided Punitive-Damages Awards In Maritime Cases, Richard A. Chastain

Vanderbilt Law Review

Intentionally destroying property-boundary markers by sawing down the posts.' Causing environmental disasters. Fraudulently refusing to settle insurance claims within coverage limits. Bad-faith dealing in big oil contracts. Hiding mild weather damage to new vehicles. Creating and marketing cigarettes while knowing about their carcinogenic risks. Contributing to automobile accidents. No, these are not items on some nefarious villain's to-do list. These are all examples of cases where courts have awarded punitive damages against the tortfeasors on top of their compensatory liability. While each tort is unquestionably wrong, some certainly appear more wrong than others.

In recent years, punitive damages have become …

A Sea Of Confusion: The Shipowner's Limitation Of Liability Act As An Independent Basis For Admiralty Jurisdiction, Amie L. Medley

Michigan Law Review

The Shipowner's Limitation of Liability Act of 1851 allowed the owner of a vessel to limit his liability in the case of an accident to the value of the vessel and its cargo if he could show he had no knowledge of or participation in the negligent act that resulted in the loss. In 1911, the Supreme Court decided Richardson v. Harmon, a case which was interpreted for several decades to hold that the Limitation Act formed an independent basis for admiralty jurisdiction. In a 1990 case, the Supreme Court stated in a footnote that it would not reach …

Maritime Law, George Strathy

Dalhousie Law Journal

This substantial work. written by three members of the faculty of the Marine and Environmental Law Institute at Dalhousie University, is part of the Irwin Law, Essentials of Canadian Law series. Running to just over 800 pages of text, it covers the waterfront, so to speak, of its subject matter. An indication of the scope of the text is reflected in the division of labour among the three authors. They co-authored an introductory chapter and each took responsibility for writing different chapters of the rest of the book. Edgar Gold, a former ship captain and a Master Mariner, has been …

Navigating The Straits Of Settlement And Insolvency: A Reconciliation Of Joint And Several Liability And Proportionate Settlement Under The Maritime Law, David D. Jensen

Washington and Lee Law Review

No abstract provided.

Schiffahartsgesellschaft Leonhardt: A Dangerous Precedent For The Effectiveness Of The Supplemental Rules For Certain Admiralty And Maritime Claims, James D. Garbus

University of Miami Law Review

No abstract provided.

Maritime Transport: The Evolution Of International Marine Policy And Law By Edgar Gold, Robert C. Evans

Maryland Journal of International Law

No abstract provided.

A Trip Through The Looking Glass - Asserting The Right To Limit Liability In Admiralty, Alfred S. Pelaez

Duquesne Law Review

The ability of vessel owners defending certain admiralty actions to limit their liability is the concern of this article. The author discusses the statute, rule, and case precedents which allow this limitation; and analyzes the often confusing pattern of the application of liability limitation procedures. He concludes that the uncertainty involved in asserting the protection afforded vessel owners should be eliminated so that the limitation may be effectively used.

Compensation And Reward For Saving Life At Sea, Steven F. Friedell

Michigan Law Review

This Article explores the life salvage rules under the general maritime law and under the 1912 life salvage statute. Surprisingly, some life salvors had greater rights under the general maritime law than they have under cases construing the statute. This Article suggests that courts have given insufficient attention to the purposes of the Brussels Salvage Convention of 1910, which inspired the 1912 statute, and that American courts should .remain free to recognize all rights that life salvors possessed before the Brussels Convention.

This Article then considers whether American courts should further expand the rights of life salvors by awarding life …

Maritime Attachment And Arrest: Facing A Jurisdictional And Procedural Due Process Attack

Washington and Lee Law Review

No abstract provided.

Pleasure Boat Torts In Admiralty Jurisdiction: Satisfying The Maritime Nexus Standard

Washington and Lee Law Review

No abstract provided.

The Conflict Between The Supreme Court Admirality Rules And Sniadach-Fuentes: A Collision Course?, Joshua M. Morse, Iii

Florida State University Law Review

No abstract provided.

New Guidelines For Admiralty Tort Jurisdiction, Thomas L. Pytynia

Indiana Law Journal

No abstract provided.

Torts On Boats And Yachts, Jeffrey A. Rich

Cleveland State Law Review

Summer is here, and boaters eagerly sail or drive their gems-of-the ocean in summer fun. To the lawyer, the boating season means personal injury cases of a special, and possibly, unfamiliar nature. Torts on yachts usually fall within United States admiralty law jurisdiction. We shall sketch the applicable law-for those who read as they run (over the waves).

Tugs, Stevedores, And The Warranty Of Workmanlike Performance, David G. Davies

Indiana Law Journal

No abstract provided.

Should A Vessel Be Faulted For Failing To Carry Radar?

Indiana Law Journal

No abstract provided.

Maritime Contiguous Zones, Lloyd C. Fell

Michigan Law Review

During the past two centuries, various states which had previously limited their claims of full sovereignty to narrow marginal seas have also asserted special types of jurisdiction over high seas zones outside what they claimed (or what others accepted) as territorial waters. This comment deals with such claims to contiguous zones of the high seas over which the littoral state asserts authority: which may affect the interests of other states.

Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.

Michigan Law Review

It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …