Admiralty Commons^™

The Bp Oil Spill Settlement And The Paradox Of Public Litigation, Samuel Issacharoff, D. Theodore Rave

New York University Law and Economics Working Papers

The streamlined administrative program that BP set up to pay claims arising out of the Deepwater Horizon Oil spill—the Gulf Coast Claims Facility (GCCF)—promised a significant transaction-cost savings over litigation in the public court system. At least in theory, that savings should have worked to the benefit of BP and claimants alike, freeing up money that would otherwise have gone to lawyers and other litigation costs to fund claimants’ recoveries. But a comparison of the GCCF to the class action settlement that replaced it reveals that the class settlement will result in greater payments to claimants. Paradoxically, the ...

Climate Regulation As If The Planet Matters: The Earth Jurisprudence Approach To Climate Change, Glenn Wright

Environmental and Earth Law Journal

It is now beyond doubt that humans are having an enormously detrimental impact on the natural world. In the face of the incredible environmental challenges we face, new and radical ideas have emerged about how we should regulate human behavior. This paper briefly focuses on the failure of current legal regimes to address climate change, and considers how climate governance would look under the Earth Jurisprudence approach: setting our laws within the context of fundamental principles of ecology and planetary boundaries. Consideration is given to how existing legal concepts could be used to achieve this vision. The paper concludes that ...

State Conservation As Settler Colonial Governance At Ka‘Ena Point, Hawai‘I, Bianca Isaki

Environmental and Earth Law Journal

This paper argues, by illustrating, that liberal multiculturalism and natural resources are interlinked strategies of settler colonial governance in political debates surrounding the construction of a “predator-proof” fence for conservation purposes across Native Hawaiian lands of deep cultural and historical significance at Ka`ena Point, a state wilderness park in Hawai`i. First, this paper shifts debates framed in terms of the seeming recalcitrance of Native Hawaiian cultural practitioners to recognize the necessity of natural resource management. Second, it considers how these political debates are repeated in the context of legal questions over the forms through which Native Hawaiian cultural ...

Land Ethic Under Attack: Keystone Xl And The War Over Domestic S(Oil), Heather Culp

Environmental and Earth Law Journal

The Keystone XL pipeline has caused recent controversy and renewed the debate over the future of fossil fuels in the United States. The project pits largely conservative groups, who argue that the pipeline will create jobs and decrease America’s dependence on foreign oil, against environmental advocates, indigenous tribes, and private landowners, who are attempting to fend off the project because they believe it will displace them of their own lands as well as disrupt the natural ecosystems that lay in the pipeline’s path. In the wake of a presidential veto of the project and renewed sentiment by the ...

Permitting Problems: Environmental Justice And The Miccosukee Indian Tribe, Charles Prior

Environmental and Earth Law Journal

The Miccosukee Tribe of Indians is a federally recognized tribe that works and resides in the Everglades region of the State of Florida. The Miccosukee have been battling lax water quality standards through lawsuits since the 1990’s. Recent rulings in federal court held that the State of Florida has failed to comply with the Clean Water Act and ordered the Environmental Protection Agency to set nutrient criteria for the water bodies in the state of Florida until the Florida Department of Environmental Protection complies with the Clean Water Act.

This article uses the principles of environmental justice to analyze ...

Inside The Blackwall Box: Explaining U.S. Marine Salvage Awards, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Under U.S. maritime law, a salvor of imperiled maritime property on navigable waters is entitled to a monetary award from the owner. When the salvage service is rendered voluntarily in the absence of a contract, the court determines the salvage award according to six factors enumerated by the Supreme Court in The Blackwall, 77 U.S. 1 (1869). The law, however, does not specify a precise formula or rule for calculating awards on the basis of the Blackwall factors. How do courts turn their findings on the Blackwall factors into salvage awards? This article addresses this question by examining ...

Maritime Transport: The Evolution Of International Marine Policy And Law By Edgar Gold, Robert C. Evans

Maryland Journal of International Law

No abstract provided.

Grand Bahama Petroleum Co., Ltd. V. Canadian Transportation Agencies, Ltd.: Maritime Attachment - Relationship Of New Due Process Requirements To Procedures, Charles A. Meade

Maryland Journal of International Law

No abstract provided.

The Ocean Shipping Act Of 1978: New Direction In Maritime Legislation, Steven M. Talson

Maryland Journal of International Law

No abstract provided.

The Public Order Of Ocean Resources: A Critique Of The Contemporary Law Of The Sea By P. Sreenivasa Rao, Frederick S. Tipson

Maryland Journal of International Law

No abstract provided.

China And The Question Of Territorial Sea , Hungdah Chiu

Maryland Journal of International Law

No abstract provided.

A Trying Balance: Determining The Trier Of Fact In Hybrid Admiralty-Civil Cases, Lily Kurland

Washington University Law Review

Although admiralty is among the law’s oldest practices, it continues to play a vital role in modern litigation—whether that be through the transportation of goods on rivers or people on cruise ships. Prior to 1966, a federal court exercising its admiralty jurisdiction relied on a different set of rules than when it acted in law or equity.To accommodate this distinction, cases were placed on separate dockets based on the court’s source of jurisdiction. This system resulted in procedural differences that set admiralty claims apart from others. Admiralty cases were historically tried before the bench, while common ...

California V. Deep Sea Research: Leashing In The Eleventh Amendment To Keep Sinking Shipwreck Claims Afloat, Paul Neil

Pepperdine Law Review

No abstract provided.

Admiralty Jurisdiction Over Pleasure Craft Torts

Maryland Law Review

No abstract provided.

The Law Of Unseaworthiness And The Doctrine Of Instant Unseaworthiness, Carroll E. Neesemann

Maryland Law Review

No abstract provided.

Sovereign Immunity Of Foreign Merchant Vessels - Flota Maritima Browning V. Motor Vessel Ciudad, Barbara Spicer

Maryland Law Review

No abstract provided.

Claim For Salvage Award By Member Of Crew Of Liberty Ship - Drevas V. United States, War Shipping Administration, United States Maritime Service

Maryland Law Review

No abstract provided.

Were "It" To Happen: Contract Continuity Under Euro Regime Change, Robert C. Hockett

Cornell Law Faculty Working Papers

One way or another, the European Monetary Union (EMU) is apt to endure. The prospect of continuation under the precise contours of the regime as we presently find it, however, is anything but certain. Hence many investors and other actual or prospective contract parties are likely to remain skittish until matters grow clearer. This skittishness, importantly, can itself hamper the prospect of expeditious European recovery. Addressing particular sources of ongoing uncertainty about EMU prospects can itself therefore aid in the project of recovery.

This Essay accordingly aims to impose structure upon one particular, and indeed particularly complex, source of uncertainty ...

Parting The Waves: Claims To Maritime Jurisdiction And The Division Of Ocean Space, Clive Schofield

Penn State Journal of Law & International Affairs

This article casts aside traditional obsessions and examines the development and present state of coastal State claims to maritime jurisdiction, the overlapping claims to maritime space that have inevitably resulted from the significant extension of maritime claims in recent decades, and thus the delimitation of maritime boundaries.

Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck

Penn State Journal of Law & International Affairs

In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This ...