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Full-Text Articles in Law

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 Sep 2010

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 Sep 2010

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

Golden Gate University Law Review

No abstract provided.


The Supremacy Of United States (Maritime) Law Revisited, Andrew Brown Aug 2010

The Supremacy Of United States (Maritime) Law Revisited, Andrew Brown

Annual Survey of International & Comparative Law

No abstract provided.


Cleaning Up Punitive Damages: A Statutory Solution For Unguided Punitive-Damages Awards In Maritime Cases, Richard A. Chastain Apr 2010

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 …


Punitive Damages In U.S. Maritime Law: Miles, Baker, And Townsend, David W. Robertson Feb 2010

Punitive Damages In U.S. Maritime Law: Miles, Baker, And Townsend, David W. Robertson

Louisiana Law Review

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 Jan 2010

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.