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Full-Text Articles in Law
Punitive Damages Against Shipowners, Arthur E. Miller
Punitive Damages Against Shipowners, Arthur E. Miller
Cleveland State Law Review
Much of our national maritime policy is deep-rooted in the body of American admiralty law. Traditionally, Congress and the courts of admiralty have viewed the merchant seaman as within their protective custody because of the inherent danger of his calling and the unique status of his contract of employment. To encourage shipbuilding and develop the American Merchant Marine, similar protection has been extended to the shipowner by enabling him to limit his financial risks in the event of disaster. Conversely, the concept of punitive damages finds no statutory support in our maritime law and has been so seldom awarded as …
Depreciation Damages In Eminent Domain Proceedings, Kevin Duffy
Depreciation Damages In Eminent Domain Proceedings, Kevin Duffy
Cleveland State Law Review
The individual's right in eminent domain proceedings are spelled out by the United States Constitution-specifically, Amendment V, which provides that private property shall not be taken for public use without just compensation. Of course, the seeming simplicity of this constitutional provision belies the complexities involved in its application. For example, it is well settled that "just compensation" for a given piece of property must be measured interms of the fair market value of that property. But market values of real estate are apt to fluctuate even under normal conditions, and their behavior when a public acquisition is in the offing …