Jurisdiction Commons^™

Sea-Spondeat Superior: Are Cruise Ships Liable For On-Board Medical Malpractice?, Anthony Todaro

Seton Hall Circuit Review

No abstract provided.

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 …

An Empirical Examination Of Universal Jurisdiction For Piracy, Eugene Kontorovich, Steven Art

Faculty Working Papers

This Essay presents the first systematic empirical study of the incidence of universal jurisdiction prosecutions over an international crime. Using data on the number of piracies committed in a twelve year period (1998-2009) obtained from international agencies and maritime industry groups, we determine the percentage of acts of piracy where nations prosecuted under universal jurisdiction we determine the percentage of these cases where nations exercised UJ. Studies of the worldwide use of UJ over other crimes simply count how often UJ has been exercised, but do not attempt to determine the rate of prosecution.

We find that of all clearly …

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 …

Originalism And The Difficulties Of History In Foreign Affairs, Eugene Kontorovich

Faculty Working Papers

This Article spotlights some of the idiosyncratic features of admiralty law at the time of the founding. These features pose challenges for applying the original understanding of the Constitution to contemporary questions of foreign relations. Federal admiralty courts were unusual creatures by Article III standards. They sat as international tribunals applying international and foreign law, freely hearing cases that implicated sensitive questions of foreign policy, and liberally exercising universal jurisdiction over disputes solely between foreigners. However, these powers did not arise out of the basic features of Article III, but rather from a felt need to opt into the preexisting …

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.

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 …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

THE UNITED STATES MAY EXERCISE JURISDICTION OVER PERSONSON A "STATELESS" VESSEL WITHOUT SHOWING A NEXUS BETWEEN THE VESSEL AND THE UNITED STATES--United States v. Pinto-Mejia, 720 F.2d 248 (2d Cir. 1983).

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ALIEN RETAINS RIGHT TO DEPORTATION PROCEEDING AFTER RETURNING FROM AUTHORIZED DEPARTURE NOTWITHSTANDING THAT IMMIGRATION AND NATURALIZATION SERVICE PERMISSION TO DEPART WAS STYLED AS AN "ADVANCE PAROLE"--Joshi v. District Director, Immigration and Naturalization Serv., 720 F.2d 799 (1983).

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NO VIOLATION OF INTERNATIONAL LAW WHEN EQUIPMENT LOCATED IN UNITED STATES RECORDS TRANSNATIONAL TELECOMMUNICATIONS--United States v. Romano, 706 F.2d 370 (2d Cir. 1983).

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UNITED STATES MANUFACTURERS HAVE A CAUSE …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest ================

1. Admiralty

Provisions of Carriage of Goods by Sea Act Incorporated by Reference in Bill of Lading are to be Given Effect Consistent with other Bill of Lading and Tariff Provisions

Voyage Charter Extended to Cover Contract Setting Termination Date in Order to Avoid "Secret" Maritime Liens

2. International Patent Regulation

In a Patentee's Dealing with Licensees, the Policies Underlying the Patent System do not Override those of the Sherman Act

3. Jurisdiction and Procedure

Foreign Sovereign Immunities Act § 1611 operates when Treaty Waiver does not specifically include a Certain Type of Property

Transactions involving Options …

Constitutional Umitations On The Admiralty Jurisdiction Of The Federal Court, Robert W. Kerr

Dalhousie Law Journal

The constitutionality of the admiralty jurisdiction of the Federal Court of Canada has been in dispute in six recent Federal Court cases' on the basis of Supreme Court of Canada rulings that actual federal law, and not merely federal legislative authority, is necessary to constitutionally support the creation of a federal court under s. 101 of the British North America Act. 3 Although it does not yet appear to have been argued before the courts in a reported case, an even more serious potential challenge to this admiralty jurisdiction lies in another Supreme Court decision4 implying that federal power to …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY-- An Owner Must Arbitrate a Claim that a Parent Company Assigned to its Subsidiary when the Owner Contemplated such Arbitration in a Contract with the Subsidiary

2. DIPLOMATIC IMMUNITY-- United Nations Employees not Accorded Diplomatic Immunity in Cases of Espionage; Recapture of Stolen Classified Information Diplomat does not Violate Diplomatic Immunity

3. EXTRADITION-- United States Extradition Treaty Applicable to all Enumerated Crimes regardless of the Sentence Imposed

4. INTERNATIONAL PATENT REGULATION-- Motion Requesting Benefit of Foreign Patent in Patent Interference Action is Proper without Supporting Statement of Reasons when Opponent can Fairly Respond

5. JURISDICTION AND PROCEDURE-- Dismissal …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Code and Custom in a Thai Provincial Court

By David M. Engel

Tuscon, Arizona: The University of Arizona Press, 1978. Pp. 230. $4.95.

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Human Rights and Development: Report of a Seminar on Human Rights and Their Promotion in the Caribbean

By the International Commission of Jurists and The Organization of Commonwealth Bar Associations

Bridgetown, Barbados, W.I.: The Cedar Press, 1978. Pp. 190.

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Iceburg Utilization: Proceedings of the First International Conference Held at Ames, Iowa

Edited by A.A. Husseiny

New York, New York: Pergamon Press, 1978. Pp. 760. $35.00.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty A State has Standing to Sue to Recover the Cost of Replacing Natural Resources Destroyed by Pollution

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2. Aliens' Rights Executive Order Barring Lawfully Admitted Resident Aliens from Federal Civil Service is Valid

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3. Constitutional Law Scope of Lacey Act Limited to Foreign Laws Designed to Protect Wildlife

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4. European Economic Community Restrictive Resale Provisions, Discriminating Pricing Policies, and Refusals to Deal by Corporation with a Dominant Position in a Substantial Part of EEC Violates Article 86 of the EEC Treaty

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5. International Travel Statute Suspending Social Security Income Benefits for Recipient Temporarily Out …

Recent Decisions, Aubrey W. Bogle, Iii, Edward H. Lueckenhoff, Clark C. Siewert, Joe B. Foltz, Michael P. Peck

Vanderbilt Journal of Transnational Law

Admiralty--Requirement of Minimum Contacts for Jurisdiction to Attach Property of Nonresident Defendant is not Applicable to Maritime Attachment

Aubrey W. Bogle, III

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Buy American Statutes--New Jersey--Constitutionality of Buy American Statute Upheld by State Supreme Court

Edward H. Lueckenhoff

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Citizenship--The Fourteenth Amendment requires Proof by Clear, Convincing, and Unequivocal Evidence that Relinquishment of United States Citizenship is Voluntary

Clark C. Siewert

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Extradition--Double Jeopardy Provision of Extradition Treaty Applies even Where Crime Committed before Ratification

Michael P. Peck

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Sovereign Immunity--Service of Process in the United States on a Permanent Mission to the United Nations must Conform to the …

Recent Decisions, Richard F. Cook, Jr., Edward C. Brewer, Iii, Daniel R. Wofsey, Sue D. Sheridan, Steven M. Morgan

Vanderbilt Journal of Transnational Law

Recent Decisions

Admiralty--Time Charter--Shipowner's Contractual Right to Withdraw Services of Vessel upon Charterer's Failure to Provide Punctual Payment is not Extinguished by Late Tender of Payment

Richard F. Cook, Jr.

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Antitrust--Treble Damages--A Foreign Sovereign is a "Person" entitled to Sue under Section 4 of the Clayton Act

Edward Cage Brewer, III

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Customs search of International Mail--A Customs Search of International Mail is Authorized by 19 C.F.R. § 145.2 and Incorporates the Reasonable Cause to Suspect Requirement of 19 U.S.C. § 482

Daniel R. Wofsey

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Jurisdiction and Procedure--Discovery--Party unable to comply with Discovery Order which Contravenes Foreign Nondisclosure …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

"CONTACTS" TEST BASED ON 99 PERCENT AMERICAN OWNERSHIP OF A FOREIGN CORPORATION WILL NOT BE APPLIED TO CIRCUMVENT THE RECIPROCITY PROVISION OF THE PUBLIC VESSELS ACT

SEARCH OF A U.S. VESSEL ON THE HIGH SEAS PURSUANT TO STATUTE AUTHORIZING SAFETY INSPECTIONS BY THE U.S. COAST GUARD MAY NOT BE ASSISTED BY AGENTS OF OTHER FEDERAL AGENCIES

LAND-BASED TORT PRINCIPLES OF NEGLIGENCE APPLY TO LIABILITY OF VESSELS FOR INJURIES TO LONGSHOREMEN RATHER THAN PRINCIPLES OF UNSEAWORTHINESS OR VIOLATION OF NONDELEGABLE DUTY

2. ALIEN'S RIGHTS

INTERRUPTION OF AN ALIEN'S PRESENCE IN THE UNITED STATES AND INVESTOR STATUS OF AN ALIEN …

Recent Decisions, Steven A. O'Rourke, Henry C. Wood, Jr., Christopher Ryan, Phyllis K. Fong, Clifford D. Harmon

Vanderbilt Journal of Transnational Law

Admiralty--Workmen's Compensation--Longshoremen's and Harbor Workers' Compensation Act covers Waterfront Injuries to Cargo Handlers Who sometimes work Offshore or Who unpack Containers

Steven A. O'Rourke

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European Communities--Restrictive Practices--Abuse of Dominant Position--Discriminatory or Unfair Pricing Policies among EEC Customers by a Corporation in a Dominant Market Position Infringes Article 86 of the EEC Treaty

Henry Clay Wood, Jr.

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Federal Jurisdiction--State Regulation of Interstate Commerce--Federal Courts have Jurisdiction to Enjoin State Officials from Enforcing State Laws Regulating Interstate Tanker Trade where Congress intended that Federal Regulations Pre-empt the Area

Christopher Ryan

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Securities Regulation--Jurisdiction--Allegations that an International Securities Transaction involving Stock …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Offshore Sandblaster not Permanently Assigned to his Vessel is not a Seaman Under the Jones Act

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Freight for a Partial Shipment of Cargo which has been Loaded Aboard a Vessel is Subject to Maritime Garnishment

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Compensation Awarded to Shipbuilding Employee Injured at Shipyard during Maintenance Work on Previously Unused Crane

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

ILA Collective Bargaining Agreements Affecting Containerized Cargo Held Invalid as "Work Acquisition" Measures

Damages from Successive, Independent Injuries may not be Cumulated to Determine "Constructive Total Loss" where Vessel has been restored to Seaworthy Condition between Injuries

Shipowner is Entitled to Lost Profits Measured by the Prevailing Market Rate During Off-Hire Extension Period

2. CUSTOMS

Trading with the Enemy Act Authorizes Treasury Regulations Prohibiting Import of Cuban Assets when the United States Interest Arises after the Effective Date of the Regulations

Standing to Protest Imposition of Dumping Duties Denied where Plaintiff unable to prove by Substantial and Convincing …

Admiralty Procedure And Jurisdiction After The 1966 Unification, David W. Robertson

Michigan Law Review

From the nation's beginning, the federal district courts have been vested with jurisdiction in cases "of admiralty or maritime jurisdiction." Like its predecessor statute, section 1333 of the present Judicial Code asserts that the jurisdiction is "exclusive of the courts of the states," but the infamous "saving clause" goes on to negate that exclusivity in the bulk of maritime cases by giving the plaintiff the option of maintaining his action in any other court having jurisdiction over it. In "saving clause" cases--that is, cases that could have been brought in federal court under the admiralty jurisdiction, but which were maintained, …

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 …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty

State Port Authority Acting Incident to Maritime Carriage Subject to Admiralty Jurisdiction in Damage Suit

MARINE INSURANCE PROVIDING COVERAGE OF LOSSES "ARISING FROM OR OCCURRING FROM" SPECIFIED CONDITIONS DOES NOT COVER LOSSES OCCURRING AFTER PERIOD OF COVERAGE DUE TO CONDITIONS WHICH INITIALLY AROSE DURING THE PERIOD OF COVERAGE

FEDERAL COURT LACKS POWER UNDER SUITS IN ADMIRALTY ACT TO IMPOSE GOVERNMENTAL LIABILITY FOR HARM CAUSED BY FAILURE TO EXERCISE DISCRETIONARY FUNCTION

2. Alien's Rights

FAMILY RELATIONSHIP CAN BE SHOWN AS A MATTER OF FACT FOR IMMIGRATION PURPOSES WHERE APPLICABLE FOREIGN DOMESTIC LAW HOLDS MEANINGLESS THE CONCEPT OF LEGITIMACY

3. …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

Payment of Wages to Discharged Seaman is not Limited to Direct Cash Payment if other Methods are more Appropriate

Rules for the Transfer of an Admiralty Suit to another Forum are the Same for in Rem as for In Personam Actions

Longshoremen Injured on Employer's Vessel have a Negligence Action against that Employer for Non-stevedore Caused Injuries

Lack of Subject Matter Jurisdiction and Availability of an Alternative Forum denies Foreign Seaman Access to Federal Courts

Longshoreman's Employer is not a Necessary or Indispensable Party to Longshoreman's Action against Shipowner for Negligence

Wrongful Death Remedy under Decisional Maritime Law …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ACT OF STATE DOCTRINE

Hickenlooper Amendment Inapplicable to Oil Drilling Concession Granted by Foreign Government

2. ADMIRALTY

Shipowner is Entitled to Indemnification from Tortfeasor when a Covenant of Workmanlike Performance by the Tortfeasor can Reasonably be Implied

Judicially-Created Maritime Wrongful Death Cause of Action Applies Retroactively as Exclusive Remedy Time-Charterer Not Entitled to Indemnification for Litigation Expenses when not Obligated to Provide Seaworthy Vessel

Claims within Scope of the Public Vessels Act Cannot be Brought under the Terms of the Suits in Admiralty Act

Lumber Employee Working on Saltwater Pond Held Not Engaged in Maritime Employment and Not Covered …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty Shipowner's Warranty of Seaworthiness extends to any Regularly Used Mode of Ingress or Egress

Award of Prejudgment Interest in Admiralty may be Denied Party Substantially at Fault

Contribution will lie against the United States in Non-collision Maritime Cases when United States and Third Party Adjudged Mutually Negligent

Admiralty Jurisdiction does not Extend to Shoreside Injury Caused by Unloaded Cargo

Admiralty Jurisdiction does not Extend to Shoreside Injury Caused by Negligent Handling of Shipowner's Dunnage when Stevedore uses Own Equipment

2. ARBITRATION

Foreign Arbitration Award may be Enforceable at Bankruptcy although Issued after Initiation of Bankruptcy Proceedings

3. CONTRACTS …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ADMIRALTY

SEAMAN ENTITLED TO MAINTENANCE AND CURE UNTIL INJURY DIAGNOSED INCURABLE

INJURED SEAMAN WHO ABANDONS REHABILITATION PROGRAM DUE TO EXTENUATING CIRCUMSTANCES DOES NOT FORFEIT His RIGHT TO MAINTENANCE AND CURE

SHIPOWNER NOT ENTITLED TO INDEMNITY FOR SETTLEMENT PAID TO INJURED SEAMAN UNDER No LEGAL COMPULSION

THE SUITS IN ADMIRALTY ACT AND THE PUBLIC VESSELS ACT COMPREHEND WRONGFUL DEATH ACTIONS

2. ALIEN'S RIGHTS

MERE SEPARATION OF AN ALIEN AND HIS SPOUSE SHORTLY AFTER MARRIAGE DOES NOT MAKE THE MARRIAGE A SHAM FOR IMMIGRATION PURPOSES

ENTRY OF AN ALIEN INTO THE UNITED STATES INCLUDES ANY ENTRANCE FOLLOWING A MEANINGFUL …

Recent Decisions, Alan L. Marchisotto, W. H. Schwarzschild Iii, Mark M. Greisberger, Richard P. Granfield, Donald B. Cameron, Jr., Isaac H. Braddock, David A. Boillot

Vanderbilt Journal of Transnational Law

Recent Decisions

ADMIRALTY--COGSA--BILL OF LADING CARGO DESCRIPTION AND PACKER IDENTITY DETERMINE WHEN A CONTAINER IS A PACKAGE IN COGSA LIABILITY PROCEEDINGS

Alan L. Marchisotto

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ADMIRALTY--JURISDICTION OVER AVIATION TORT CLAIMS--ADMIRALTY JURISDICTION DOES NOT EXTEND TO AVIATION TORT CLAIMS IN THE ABSENCE OF A SIGNIFICANT RELATIONSHIP BETWEEN THE TORT AND TRADITIONAL MARITIME ACTIVITIES

W. H. Schwarzschild III

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ALIENS--ALIENS MAY MAINTAIN A CAUSE OF ACTION FOR PRIVATE EMPLOYMENT DISCRIMINATION UNDER 42 U.S.C. § 1981 (1970)

Mark M. Greisberger

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ANTITRUST--ARTICLE 86 OF THE EEC TREATY APPLIES TO CERTAIN CHANGES IN INTERNAL CORPORATE STRUCTURE

Richard P. Granfield

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CONSTITUTIONAL LAW--EXECUTIVE POWER--PRESIDENTIAL AUTHORITY …

Recent Decisions, Patricia D. Owen, Jeffery R. Rush, Frank R. Krok, Paul P. Sanford, Edward N. Perry, Edward A. Betancourt

Vanderbilt Journal of Transnational Law

Admiralty--Workmen's Compensation--Receipt of Benefits under State Workmen's Compensation Act containing Exclusive Remedy Provision does not Bar Subsequent Action against Employer for Unseaworthiness

Patricia D. Owen

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Common Market--Council Regulations--Regulation Stake Precedence over Provisions of Member States' Constitutions

Jeffery R. Rush

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Discovery--Aid to Foreign or International Tribunals--United States Courts can Compel Testimony only on Behalf of Foreign or International Tribunals Empowered to make Binding Adjudications

Frank R. Krok

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Extradition--Statute of Limitations--mere Absence is not Equivalent to Fleeing from Justice under 18 U.S.C. § 3290

Paul P. Sanford

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International Court of Justice--Procedure Temporary Relief in the Form of Interim …