World Maritime University
College of William & Mary Law School
University of New Hampshire
Proportional Fault In Maritime Collisions-Charting The New Course,
2017
University of Georgia School of Law
Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus Iii
Georgia Journal of International & Comparative Law
No abstract provided.
Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment,
2017
Harvard University
Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro
Georgia Journal of International & Comparative Law
Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:
Introduction by Milton Katz and Richard R. Baxter, p. 1
Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7
The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27
Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41
Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59
Protection of the Marine ...
Deepwater Port Act Of 1974: Some International And Environmental Implications,
2016
University of Georgia School of Law
Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Awards Of The Maritime Arbitration Commission,
2016
University of Georgia School of Law
Awards Of The Maritime Arbitration Commission, G. A. Maslov
Georgia Journal of International & Comparative Law
No abstract provided.
Application Of Law By The Maritime Arbitration Commission In Settling Disputes,
2016
University of Georgia School of Law
Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev
Georgia Journal of International & Comparative Law
No abstract provided.
Contents,
2016
University of Georgia School of Law
Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea,
2016
Northwestern University School of Law
Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond
Northwestern University Law Review
This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to ...
Swept Away: Should Courts Retain A Recklessness Standard In Assessing Rescuer Injury Claims Under The Maritime Rescue Doctrine?,
2016
Notre Dame Law School
Swept Away: Should Courts Retain A Recklessness Standard In Assessing Rescuer Injury Claims Under The Maritime Rescue Doctrine?, Anthony Acciaioli
Notre Dame Law Review
This Note asserts that courts should continue to apply the traditional maritime rescue doctrine along with its “wanton or reckless” standard when assessing whether a rescuer injured during a maritime rescue attempt stemming from a negligent tortfeasor’s conduct may recover for his or her injuries. Part I will analyze the arc of rescue doctrine–related case law surrounding the aforementioned circuit split, scrutinizing how the rescue doctrine has been impacted by the larger-scale paradigm shift in apportioning liability from contributory negligence to comparative negligence. Part II will discuss the circuit split directly and argue that in light of admiralty ...
Natural Resources Defense Council, Inc. V. Pritzker,
2016
Alexander Blewett III School of Law at the University of Montana
Natural Resources Defense Council, Inc. V. Pritzker, Caitlin Buzzas
Public Land and Resources Law Review
In Natural Resources Defense Council, Inc. v. Pritzker, the Ninth Circuit dealt with the conflict of science in making legal and policy decisions. NMFS was held to a stringent mitigation standard to protect marine mammals against the Navy’s use of LFA sonar for military operations. In this decision the court held that agencies are required to apply the least practicable adverse impact on marine mammals in these types of operations and agencies must listen to their own experts when making these decisions.
Sea-Spondeat Superior: Are Cruise Ships Liable For On-Board Medical Malpractice?,
2016
Seton Hall University
Sea-Spondeat Superior: Are Cruise Ships Liable For On-Board Medical Malpractice?, Anthony Todaro
Seton Hall Circuit Review
No abstract provided.
Case Study On The Galapagos Islands: Balance For Biodiversity & Migration,
2016
Barry University School of Law
Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira
Environmental and Earth Law Journal (EELJ)
In this comment, the author will examine the Special Organic Law of the Galapagos. To better understand the impacts of the law, the comment will examine some of the more notable provisions of the 1998 version, and a few of the amended changes in 2015. Throughout this comment, themes such as migration and preserving biodiversity will be discussed. As we will see, this notion of balancing human needs and ecosystem in the islands is not always straight-forward.
Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe,
2016
Barry University School of Law
Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb
Environmental and Earth Law Journal (EELJ)
Ten Central and Eastern European nations have joined the EU in the last decade. The conditions for joining the EU are scrupulous and expansive, covering everything from: election rules, food product labels, and battery disposal. CEE states who are newly inducted into the EU are currently striving to successfully implement the complete extent of collected EU law. Eastern Europe has long lagged behind the west in environmental policy. Extreme industrialization and widespread deregulation over the last century produced many areas with environmental degradation. The idea is that by adopting European environmental policy, Eastern European states can cash in on European ...
Too Many Humans, Dwindling Resources, And Not Enough Space,
2016
Barry University School of Law
Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez
Environmental and Earth Law Journal (EELJ)
This paper will address the often-overlooked subject of human overpopulation and examine the role it plays in the environmental health of our planet. Part I will define overpopulation and how it is determined, as well as briefly examine animal overpopulations and their effects on the environment. Part II will turn to human population trends, the carrying capacity of humans on earth, and the environmental consequences of human overpopulation. The environmental issues currently faced in China, India, Africa, and other densely populated areas will be explored. Part III will analyze some of the legal solutions that have been implemented to curb ...
Equal Protection For Animals,
2016
New York University School of Law
Equal Protection For Animals, Pat Andriola
Environmental and Earth Law Journal (EELJ)
This paper presents a simple argument: through a Dworkinian moral reading of the Constitution, nonhuman animals fall under the Supreme Court’s equal protection doctrinal framework for suspect classification. Therefore, nonhuman animals are protected by the Fourteenth Amendment. The moral principle underlying equal protection is the ensuring of government’s empathetic and equitable treatment toward not just subgroups of humans (which have been judicially delineated by social constructs of race, gender, sexuality, and other defining characteristics), but toward all sentient beings who may become victim to the “tyranny of the majority.
Admiralty - Shipowners’ Limited Liability Act - A Shipowner Cannot Invoke The Act To Limit His Liability For Wreck Removal Expenses Since A Statutory Duty To Remove A Sunken Vessel Prevents Him From Being “Without Privity Or Knowledge,” A Condition Precedent To The Invocation Of The Act,
2016
University of Georgia School of Law
Admiralty - Shipowners’ Limited Liability Act - A Shipowner Cannot Invoke The Act To Limit His Liability For Wreck Removal Expenses Since A Statutory Duty To Remove A Sunken Vessel Prevents Him From Being “Without Privity Or Knowledge,” A Condition Precedent To The Invocation Of The Act, Thomas C. Holcomb
Georgia Journal of International & Comparative Law
No abstract provided.
Admiralty - Torts - In Noncollision Cases Contribution Will Lie Where No Countervailing Considerations Detract From The Maritime Rule Allowing Contribution Between Joint Tortfeasors,
2016
University of Georgia School of Law
Admiralty - Torts - In Noncollision Cases Contribution Will Lie Where No Countervailing Considerations Detract From The Maritime Rule Allowing Contribution Between Joint Tortfeasors, Richard H. Siegel, Stephen O. Spinks
Georgia Journal of International & Comparative Law
No abstract provided.
International Straits: The Right Of Access,
2016
US Army Judge Advocate General's Corps
International Straits: The Right Of Access, R. P. Cundick
Georgia Journal of International & Comparative Law
No abstract provided.
Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States,
2016
University of Georgia School of Law
Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Mariculture: A New Ocean Use,
2016
University of Georgia
Mariculture: A New Ocean Use, J. Owens Smith, David L. Marshall
Georgia Journal of International & Comparative Law
No abstract provided.
Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum,
2016
Fordham University School of Law
Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny
Georgia Journal of International & Comparative Law
No abstract provided.
