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Full-Text Articles in Law

Mugged Twice?: Payment Of Ransom On The High Seas, Lawrence Rutkowski, Bruce G. Paulsen, Jonathan D. Stoian Dec 2010

Mugged Twice?: Payment Of Ransom On The High Seas, Lawrence Rutkowski, Bruce G. Paulsen, Jonathan D. Stoian

American University Law Review

No abstract provided.


Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp Nov 2010

Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp

American University Law Review

This paper, a contribution to the "Troubled Waters: Combating Modern Piracy with the Rule of Law" symposium, explores the question of who pays for rescue efforts associated with maritime piracy. The paper explores the availability of admiralty law's salvage awards to governmental and non-governmental actors who intervene to rescue vessels and crew from pirates. Such awards provide an unusual incentive to rescue, traditionally unavailable for land-based rescue, but may raise complicated questions of policy and international law. The paper concludes by comparing salvage awards to a recent trend in American states to adopt "Search and Rescue" expense statutes allowing governments …


Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin Oct 2010

Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin

American University Law Review

This Article addresses the following question: when should contract law permit parties to discontinue performance under a private security contract aimed to combat piracy? Piracy has been 'on the rise' off Somalia and in East Asia, with serious attacks escalating. Some shipping companies have responded by drafting 'best management practices', hiring security companies to advise on countering the threat and hiring armed or unarmed security protection. After presenting representative factual situations involving pirate attacks, the Article describes the traditional approach to defining the obligations of parties and the performance issues that arise during contractual performance. This approach takes into account …


How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels Aug 2010

How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels

American University Law Review

No abstract provided.


Rationality, Pirates, And The Law: A Retrospective, Peter T. Leeson Jul 2010

Rationality, Pirates, And The Law: A Retrospective, Peter T. Leeson

American University Law Review

In the late 1720s Caribbean piracy was brought to a screeching halt. An enhanced British naval presence was partly responsible for this. But most important in bringing pirates to their end was a series of early 18th-century legal changes that made it possible to effectively prosecute them. This short paper’s purpose is to recount those legal changes and document their effectiveness. Its other purpose is to analyze pirates’ response to the legal changes designed to exterminate them, which succeeded, at least partly, in frustrating the government’s goal. By providing a retrospective look at anti-piracy law and pirates’ reactions to that …


Foreword, José Luis Jesus Jun 2010

Foreword, José Luis Jesus

American University Law Review

No abstract provided.


Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled , Ross M. Oklewicz Jan 2010

Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled , Ross M. Oklewicz

American University Law Review

No abstract provided.


No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson Jan 2010

No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson

American University Law Review

No abstract provided.


Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context , Angad Singh Jan 2010

Stepping Out Of The Vehicle: The Potential Of Arizona V. Gant To End Automatic Searches Incident To Arrest Beyond The Vehicular Context , Angad Singh

American University Law Review

No abstract provided.


Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, Joseph M. Isanga Jan 2010

Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, Joseph M. Isanga

American University Law Review

No abstract provided.