Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Vanderbilt University Law School (8)
- University of Miami Law School (5)
- University of Michigan Law School (5)
- Washington and Lee University School of Law (3)
- Maurer School of Law: Indiana University (2)
-
- Schulich School of Law, Dalhousie University (2)
- Golden Gate University School of Law (1)
- Northwestern Pritzker School of Law (1)
- Pace University (1)
- University of Georgia School of Law (1)
- University of Maine School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Oklahoma College of Law (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- Vanderbilt Journal of Transnational Law (8)
- Michigan Law Review (4)
- University of Miami Inter-American Law Review (3)
- Washington and Lee Law Review (3)
- Dalhousie Law Journal (2)
-
- Indiana Law Journal (2)
- University of Miami Law Review (2)
- Annual Survey of International & Comparative Law (1)
- Georgia Journal of International & Comparative Law (1)
- Maryland Series in Contemporary Asian Studies (1)
- Northwestern Journal of International Law & Business (1)
- Ocean and Coastal Law Journal (1)
- Oklahoma Law Review (1)
- Pace International Law Review (1)
- University of Michigan Journal of Law Reform (1)
- William & Mary Business Law Review (1)
Articles 1 - 30 of 33
Full-Text Articles in Law
Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck
Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck
Pace International Law Review
The urge to go where no man has gone before has led to great leaps in space technology that only seemed real in cinema. As more private companies, such as private asteroid mining companies in China, attempt to take this leap, it has become clear that there are significant gaps in international space law regarding liability with private parties. Within Article VII of the Outer Space Treaty, there is a laid-out structure on how states can be held liable for damages caused by celestial bodies. However, the Outer Space Treaty ignores what happens if a private company causes injuries in …
Drilling For Admiralty: The Ocsla As A Bar To Maritime Law In Ocs Drilling Accidents, Christopher W. Sanborn
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 …
Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, Adam S. Bohanan
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 …
A Sea Change In Creditor Priorities, Kristen Van De Biezenbos
A Sea Change In Creditor Priorities, Kristen Van De Biezenbos
University of Michigan Journal of Law Reform
This Article argues that the operation of maritime law undermines a primary justification for creditor priorities under U.S. law. Under current law, when a debtor becomes insolvent, its secured creditors will be paid the full amount of their debt to the extent of their security interest, even if that leaves nothing to pay unsecured creditors. This is controversial with respect to involuntary unsecured creditors, particularly those with tort claims against the debtor. Defenders of this scheme of priorities have argued that allowing greater priority to involuntary creditors would hinder the availability or increase the cost of credit. However, involuntary creditors …
Some Reflections Over The Brussels Convention Of 1952 Relating To Arrest Of Sea-Going Vessels And Its Amending Process, Jose M. Alcantara
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.
The Athens Convention And Limitation Of Liability In U.S. Federal Courts: While Communication Is Key, Some Things Are Better Left Unsaid, Angelica L. Boutwell
The Athens Convention And Limitation Of Liability In U.S. Federal Courts: While Communication Is Key, Some Things Are Better Left Unsaid, Angelica L. Boutwell
University of Miami Inter-American Law Review
No abstract provided.
The Supremacy Of United States (Maritime) Law Revisited, Andrew Brown
The Supremacy Of United States (Maritime) Law Revisited, Andrew Brown
Annual Survey of International & Comparative Law
No abstract provided.
Uncharted Waters: The Supreme Court Plots The Course To A Constitutional Bright-Line Restriction On Punitive Awards In Exxon Shipping Co. V. Baker, Michael L. Brooks
Uncharted Waters: The Supreme Court Plots The Course To A Constitutional Bright-Line Restriction On Punitive Awards In Exxon Shipping Co. V. Baker, Michael L. Brooks
Oklahoma Law Review
No abstract provided.
Maritime Law, George Strathy
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 …
Developing Use Of Force Doctrine: A Legal Case Study Of The Coast Guard's Airborne Use Of Force, Rachel Canty
Developing Use Of Force Doctrine: A Legal Case Study Of The Coast Guard's Airborne Use Of Force, Rachel Canty
University of Miami Inter-American Law Review
No abstract provided.
Constitutional Barriers To Smooth Sailing: 14 U.S.C. § 89(A) And The Fourth Amendment, Megan Jaye Kight
Constitutional Barriers To Smooth Sailing: 14 U.S.C. § 89(A) And The Fourth Amendment, Megan Jaye Kight
Indiana Law Journal
No abstract provided.
Charting The Law Of Maritime Boundaries, W. P. Gormley
Charting The Law Of Maritime Boundaries, W. P. Gormley
Vanderbilt Journal of Transnational Law
When faced with disputes concerning maritime boundaries, one must analyze an array of materials, including: unilateral state practices, bilateral boundary agreements, multilateral regional conventions, the major international conventions--particularly the Law of the Sea Conventions of 1958 and the 1982 United Nations Law of the Sea Convention -- and customary international law. Beyond question, this huge corpus of material appears overwhelming to most practitioners and scholars when they attempt to resolve maritime disputes. Faced with such a daunting task, scholars, practitioners, and judges may want to consult International Maritime Boundaries, a brilliantly executed research project that analyzes 134 maritime boundaries. The …
United States Coastwise Trading Restrictions: A Comparison Of Recent Customs Service Rulings With The Legislative Purpose Of The Jones Act And The Demands Of A Global Economy, Robert L. Mcgeorge
United States Coastwise Trading Restrictions: A Comparison Of Recent Customs Service Rulings With The Legislative Purpose Of The Jones Act And The Demands Of A Global Economy, Robert L. Mcgeorge
Northwestern Journal of International Law & Business
Fierce policy disputes are inevitable whenever two basic, widely-accepted principles intersect in a situation where one must prevail and the other give way. In the maritime field, these disputes occur whenever a nation-state is forced to choose between promoting free and open trade in maritime services or protecting its domestic merchant marine. The clash of these policies has generated vigorous debates in the United States on a wide variety of maritime issues (e.g., cargo preference requirements, operating and construction differential subsidies, vessel construction loan guarantee programs and whether to retaliate against foreign countries' attempts to reserve import and export trades …
Schiffahartsgesellschaft Leonhardt: A Dangerous Precedent For The Effectiveness Of The Supplemental Rules For Certain Admiralty And Maritime Claims, James D. Garbus
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.
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
EMPLOYEE WHO SPENDS "SOME PORTION OF WORK TIME IN MARITIME ACTIVITIES" IS AN "EMPLOYEE" COVERED BY THE LONGSHOREMEN'S AND WORKERS' COMPENSATION ACT-Schwabenland v.Sanger Boats, 683 F.2d 309 (9th Cir. 1982)
UNITED STATES CARRIAGE OF GOODS BY SEA ACT EXEMPTS DEFENDANT FROM LIABILITY FOR SHIP DAMAGE INCURRED WHILE DISCHARGING CARGO--Seven Seas Transportation Ltd. v. Pacifico Union Marina Corp. [1982] 2 Lloyd's L.R. 465
IMMIGRATION AND NATURALIZATION SERVICE DISTRICT DIRECTOR IS ENTITLED TO BROAD DISCRETION IN WEIGHING CRITERIA FOR PAROLE DETERMINATION OF UNADMITTED ALIENS--Bertrand v. Sava,684 F.2d 204 (2d Cir. 1982)
THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT DOES NOT APPLY TO …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
APPLICATION OF UNITED STATES LAW TO A FOREIGN SEAMAN'S SUIT DEPENDS UPON THE SUBSTANTIALITY OF THE FOREIGN DEFENDANT'S CONTACTS WITH THE UNITED STATES--Szumlicz v. Norwegian America Line, Inc., 698 F.2d 1192 (11th Cir. 1983).
RECOVERY PURSUANT TO THE FISHERMEN'S PROTECTIVE ACT FOR LOSSES RESULTING FROM SEIZURE OF VESSLS FISHING IN DISPUTED WATERS Is NOT LIMITED TO CITIZENS AND RESIDENT ALIENS OF THE UNITED STATES-CrUZ V. Zapata Ocean Resources, Inc., 695 F.2d 428 (9th Cir. 1982).
UNITED STATES SUPPORT OF CANADIAN SEARCH OF UNITED STATES VESSEL ON THE HIGH SEAS DID NOT VIOLATE DEFENDANT'S FOURTH AMENDMENT RIGHTS--United States v. Hensel, 699 …
Interest Analysis And Maritime Choice Of Law: Phillips V. Amoco Trinidad Oil Co., Douglas H. Stein
Interest Analysis And Maritime Choice Of Law: Phillips V. Amoco Trinidad Oil Co., Douglas H. Stein
University of Miami Inter-American Law Review
No abstract provided.
Safe Port And Berth Provisions In Time Charter Agreements: Apportioning Liability To Deter Accidents And Minimize Costs, Steven M. Rubin
Safe Port And Berth Provisions In Time Charter Agreements: Apportioning Liability To Deter Accidents And Minimize Costs, Steven M. Rubin
University of Miami Law Review
This article surveys the safe port and berth provisions that typically are found in charter party agreements. The author argues that courts and arbitrators often interpret these provisions unpredictably and inconsistently, creating uncertainty in maritime transactions. The author concludes by proposing a solution to this problem and offers a model safe berth provision that the parties to a charter should incorporate into their agreement.
China And The Law Of The Sea Conference, Hungdah Chiu
China And The Law Of The Sea Conference, Hungdah Chiu
Maryland Series in Contemporary Asian Studies
No abstract provided.
Compensation And Reward For Saving Life At Sea, Steven F. Friedell
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 …
Marine Policy, Baz Edmeades
Marine Policy, Baz Edmeades
Dalhousie Law Journal
For a good many years, the major law reviews in Canada, the United States, United Kingdom and France have devoted a considerable number of their pages to problems of the law of the sea, as this topic has increased in importance and consequent concern among international lawyers. With this development came the appearance of a number of new law journals dealing with the law of the sea such as the Journal of Maritime Law and Commerce in 1969, Ocean Development and International Law in 1973, the Journal of Coastal Zone Management in 1973 to name but three. These and other …
Limitation Of Liability Versus Direct Action Statutes, H. Barton Williams
Limitation Of Liability Versus Direct Action Statutes, H. Barton Williams
Vanderbilt Journal of Transnational Law
The legislative history of the maritime limitation of liability statutes, both in the United States and in England, is uncomplicated. The original sources are available, and in several important opinions, the Supreme Court of the United States has set forth the history of the limitation statutes. Limitation of liability to the value of the owner's interest in the vessel and freight is a principle that springs solely from the general maritime law, and was not recognized either at common law or by the civil law.
It is difficult, if not impossible, to say when and where the idea of limitation …
The Three Faces Of Zapata: Maritime Law, Federal Common Law, Federal Courts Law, Harold G. Maier
The Three Faces Of Zapata: Maritime Law, Federal Common Law, Federal Courts Law, Harold G. Maier
Vanderbilt Journal of Transnational Law
In The Bremen v. Zapata Off-Shore Co., the Supreme Court upheld the selection of a London forum in a towage contract between a German firm and an American firm and dismissed a suit brought in a Florida federal district court whose jurisdiction was otherwise valid. In doing so, the Court stated the rule: "[Forum-selection clauses] are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be 'unreasonable' under the circumstances." The Court qualified the rule by indicating that to be enforceable such clauses must be actually bargained for and agreed to by the …
Maritime Jurisdiction Over Fishery Resources, Gilbert T. Davis
Maritime Jurisdiction Over Fishery Resources, Gilbert T. Davis
Vanderbilt Journal of Transnational Law
Economic necessity and recent developments in marine technology have caused man to begin his move into the sea on a grand scale, occupying and exploiting it for recreation, minerals, food, waste disposal, and possible living space. These new technological advances and the increased need for the traditional fishery resources have precipitated the interests of nations in expanding their exclusive jurisdictions further into an ocean space where it had been traditionally free for all to use. Though this move for exclusive jurisdiction is motivated by the uniform desire of all nations to more efficiently utilize and conserve the resources and to …
Workmen's Compensation At Sea, Charles D. Evens
Workmen's Compensation At Sea, Charles D. Evens
Vanderbilt Journal of Transnational Law
At the present time there are three possible remedies available to seamen who are injured in the course of their employment. In order to maintain any of these actions, the injured party must of course qualify as a seaman. The traditional tests used to determine whether a maritime worker is a seaman are as follows: 1) the vessel must be in navigation, 2) the worker must have a more or less permanent connection with the vessel, and 3) the worker must be aboard the vessel primarily to aid in navigation. These standards have been somewhat modified by Offshore Company v. …
The Case For A Seagoing Workmen's Compensation Act, Parker B. Smith
The Case For A Seagoing Workmen's Compensation Act, Parker B. Smith
Vanderbilt Journal of Transnational Law
At the present time no comprehensive workmen's compensation statute exists to provide coverage for seamen injured in the course of their employment. The seaman's only existing remedies consist of an action for maintenance and cure, an action for breach of the shipowner's warranty of seaworthiness, and an action for negligence under the Jones Act. These remedies offer unsatisfactory protection to the seaman for several reasons. Under the existing remedies the seaman may be unable to obtain any recovery because the shipowner has the traditional right to "limit liability" to the seaman at the outset of the seaman's action for recovery. …
Federal Maritime Jurisdiction Over Inland Intrastate Lakes, Ralph Mccaughan
Federal Maritime Jurisdiction Over Inland Intrastate Lakes, Ralph Mccaughan
Washington and Lee Law Review
No abstract provided.
Tugs, Stevedores, And The Warranty Of Workmanlike Performance, David G. Davies
Tugs, Stevedores, And The Warranty Of Workmanlike Performance, David G. Davies
Indiana Law Journal
No abstract provided.
Case Comments Admiralty Jurisdiction In Tort Actions
Case Comments Admiralty Jurisdiction In Tort Actions
Washington and Lee Law Review
No abstract provided.
The Boating Boom: Admiralty Jurisdiction Inland
The Boating Boom: Admiralty Jurisdiction Inland
Washington and Lee Law Review
No abstract provided.