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Physical Sciences and Mathematics Commons

Open Access. Powered by Scholars. Published by Universities.®

1995

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University of Rhode Island

United States Congress; Ocean Research Vessel Act; ORVA; oceanography; Jones Act; maritime law; seamen status; scientific personnel

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Full-Text Articles in Physical Sciences and Mathematics

The Ocean Research Vessel Act Of 1965: An Inequitable Result Suggests Reevaluation, Philip Alan Sacks Jan 1995

The Ocean Research Vessel Act Of 1965: An Inequitable Result Suggests Reevaluation, Philip Alan Sacks

Theses and Major Papers

In 1965 Congress passed the ocean Research Vessel Act (ORVA) with the purpose of encouraging the nation's efforts in oceanographic studies. Section 4 of the ORVA states that "scientific personnel on an oceanographic research vessel shall not be considered seamen under the provisions of title 53 of the Revised Statues...". As a result of a literal interpretation of this wording, the Courts have ruled that scientific personnel are excluded from the beneficial remedies afforded all other seamen under the Jones Act. Some courts have also denied an injured scientist "seaman status" under the general maritime law. This paper argues that …