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Full-Text Articles in Jurisdiction
The Lingering Influence Of Richard Ii And Lord Coke In The American Admiralty, Graydon S. Staring
The Lingering Influence Of Richard Ii And Lord Coke In The American Admiralty, Graydon S. Staring
Graydon S. Staring
It must be fair to say that a useful commercial and legal regime should be spread as wide as its usefulness, with as few artificial and irrelevant barriers as possible. All of our irrelevant barriers have been discredited in various situations, but two of them, viz. as to contracts made on land or to be performed in part on land, remain anomalously in two irrational and inconvenient applications. As they have no statutory sanction, they can be corrected by the courts, just as they have nullified them both in other situations and rationalized the jurisdiction in other respects. Cease the …
Mixed Policies And Separability After Folksamerica, Graydon S. Staring
Mixed Policies And Separability After Folksamerica, Graydon S. Staring
Graydon S. Staring
The Kirby decision by the Supreme Court in 2004 is a landmark in admiralty jurisdiction of contracts with both marine and non-marine elements. The Folksamerica decision by the Second Circuit, the insurance case that follows it in 2005, is a distinctly important precedent requiring additional analysis from case to case in applying the new standard to insurance policies. The old prescription that maritime contracts be purely maritime with its exception for merely incidental non-maritime elements is overruled. Contracts apparently mixed are to be examined to determine whether their principal objective is to effectuate maritime commerce, and if so they are …