Law Commons^™

Law School News: Rwu Law Acquires Top Marine Law Journal 08-19-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

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 …

Law Library Blog (October 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Newsroom: The Guardian: Gutoff On Cook's 'Endeavour', 6-16-2016, The Guardian, Associated Press, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Trending @ Rwu Law: Julia Wyman's Post: Rwu Law Grads Making Waves In Marine Affairs: 04/05/2016, Julia Wyman

Law School Blogs

No abstract provided.

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

Proposed Implementing Procedures For Restore Act Awards Under Nepa, Sara Mammarella

Sara Mammarella

On April 20, 2010, what has been described as “the worst oil spill in U.S. history,” the BP Deepwater Horizon oil spill, occurred off the Louisiana coast, affecting a five-state area in the Gulf region (Florida, Alabama, Louisiana, Mississippi, and Texas), dumping an estimated 4.9 billion barrels of oil into the Gulf of Mexico. In response, Congress enacted the federal RESTORE Act to set up a mechanism for compensating the victims of the oils spill and to Repair the environmental harm caused by the oil spill.

This article will examine the effectiveness of the regulatory scheme in place that was …

A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint, Andrew J. Norris

Andrew Norris

No abstract provided.

Overreach On The High Seas?: Whether Federal Maritime Law Preempts California's Vessel Fuel Rules , Bradley D. Easterbrooks

Pepperdine Law Review

This Comment addresses whether California’s Vessel Fuel Rules, which require all foreign and U.S. flagged vessels traveling within twenty-four miles of California's coastline to use low-sulfur content fuels, is preempted by the Supremacy Clause of the U.S. Constitution. More specifically, this Comment addresses whether the Clean Air Act, the International Convention for the Prevention of Pollution from Ships (MARPOL), the Submerged Lands Act, and/or general principles of federal maritime law prohibit the California Air Resources Board from enforcing its Vessel Fuel Rules against vessels engaged in maritime commerce in navigable waters, particularly waters beyond the three-mile band beyond the California …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

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 …

International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy

ExpressO

Abstract: This study examines the effectiveness of international marine environment law in controlling and abating contamination of the marine environment in the Wider Caribbean Region. The main international agreement covering the region is the Cartagena Convention which came into force in 1983. This convention, initiated by the UNEP under its Regional Seas Program, is considered one of the most successful of the programs. The study examines that claim in light of events since the adoption of the Cartagena Convention by the majority of nations bordering on the region. Mexico, because of its stature as a leading Latin American nation, is …

Straight Baselines In International Law: A Call For Reconsideration, Gayl S. Westerman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

The Law Of Piracy: The United States Of America And The Law Of Piracy, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: Index, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: Appendices, Alfred P. Rubin

International Law Studies

No abstract provided.

The Law Of Piracy: The Evolution Of The Concept Of Piracy In England, Alfred P. Rubin

International Law Studies

No abstract provided.

Mobil Oil Corp. V. Higginbotham—Confusion Returns To Maritime Wrongful Death Actions, Howard Hall

Seattle University Law Review

In 1967, a helicopter carrying three passengers and a pilot returning from an offshore drilling platform crashed into the Gulf of Mexico beyond Louisiana's territorial waters, killing all aboard. The families of the decedents instituted a wrongful death suit in admiralty, seeking recovery under general maritime law, the Death on the High Seas Act (DOHSA), and the Jones Act. The federal district court found Mobil Oil Corporation, the owner and operator of the helicopter, negligent. In awarding damages the district court limited recovery to pecuniary losses, holding that a pecuniary loss limitation applied regardless of the theory of recovery. Specifically, …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty

Employer is liable as a Pro Hac Vice Owner for Negligence of an Employee Engaged in Services other than Stevedoring

Submersible Oil Storage Facility use in Connection with Off-Shore Drilling is Classifiable as a "Vessel" within Provisions of Jones Act and General Maritime Jurisdiction

Exclusive Remedy Provision of the Puerto Rico Workmen's Accident Compensation Act does not apply to a Puerto Rican Citizen Injured outside the Territory of Puerto Rico

Determination of Unseaworthiness caused by Character of a Person Aboard is Limited to Crew Members' Condition

2. Common Market

European Community Directive Requires that in the Event of …

Recent Decisions, Ronald L. Smallwood, Arden J. Lea, William R. Lauer, John R. Meldorf, Annette Adams, Randolph R. Slaton

Vanderbilt Journal of Transnational Law

ADMIRALTY--FLORIDA OIL POLLUTION ACT--STATE OIL POLLUTION REGULATION OF MARITIME Activities Is PERMISSIBLE SO LONG AS THERE Is No FATAL CONFLICT BETWEEN THE STATE LEGISLATION AND FEDERAL MARITIME REGULATORY SCHEMES

Ronald L. Smallwood

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ADMIRALTY--JONES ACT--SHIPOWNER Is NOT A PROPER DEFENDANT IN A SUIT UNDER THE JONES ACT BROUGHT BY EMPLOYEE OF A CONCESSIONAIRE

Arden J. Lea

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ANTITRUST--IMPORT RESTRICTIONS--DIVESTITURE ORDERED TO RESTORE COMPETITION FOLLOWING FINDING OF VIOLATION OF SECTION 7 OF THE CLAYTON ACT MAY BE ACCOMPANIED BY IMPORT RESTRICTIONS WITHOUT BREACH OF GERMAN/AMERICAN TREATY OR GATT PROVISIONS

William R. Lauer

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FOREIGN RELATIONS LAW--STANDING TO SUE--WEIMAR ART COLLECTION DENIED …

Recent Treaties And Statutes, William H. Schwarzschild, Iii

Vanderbilt Journal of Transnational Law

Admiralty--Longshoremen's and Harbor Workers' Compensation Act Amendments of 1972--Congress Abrogates Doctrine of Seaworthiness for Longshoremen

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Space Law--Convention on Liability--Procedure Established to Enforce Liability for Damage Caused by Space Objects

Admiralty--Choice Of Law--Ship Owner With Substantial Business Contacts In The United States Is An Employer Within Meaning Of Jones Act, Journal Staff

Vanderbilt Journal of Transnational Law

Plaintiff, a Greek seaman, sought relief in federal court under the Jones Act for injuries suffered aboard ship while docked in a United States seaport. Defendants, corporations, controlled by a permanent resident alien of the United States, contended the Court was without jurisdiction since they were not employers within the meaning of the Jones Act and because the contract of employment with plaintiff provided for the application of Greek law. The District Court found for the plaintiff. The Fifth Circuit affirmed.

On certiorari to the United States Supreme Court, held, affirmed. A shipowner with substantial business contacts in the United …