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Yamaha V. Calhoun: The Supreme Court Allows State Remedies In Certain Wrongful Death Cases In Admiralty, Nicolas R. Foster 2014 University of Georgia School of Law

Yamaha V. Calhoun: The Supreme Court Allows State Remedies In Certain Wrongful Death Cases In Admiralty, Nicolas R. Foster

Georgia Journal of International & Comparative Law

No abstract provided.


If It Looks Like A Vessel: The Supreme Court’S “Reasonable Observer” Test For Vessel Status, David R. Maass 2014 University of Florida Levin College of Law

If It Looks Like A Vessel: The Supreme Court’S “Reasonable Observer” Test For Vessel Status, David R. Maass

Florida Law Review

What is a vessel? In maritime law, important rights and duties turn on whether something is a vessel. For example, the owner of a vessel can limit his liability for damages caused by the vessel under the Limitation of Shipowners’ Liability Act, and an injured seaman who is a member of the crew of a vessel can claim remedies under the Jones Act. Under the general maritime law, a vendor who repairs or supplies a vessel may acquire a maritime lien over the vessel. In these and other areas, vessel status plays a crucial role in setting the limits of ...


Maritime Boundaries In The Baltic Sea: Post-1991 Developments, Erik Franckx 2014 University of Georgia School of Law

Maritime Boundaries In The Baltic Sea: Post-1991 Developments, Erik Franckx

Georgia Journal of International & Comparative Law

No abstract provided.


Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan 2014 University of Georgia School of Law

Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan

Georgia Journal of International & Comparative Law

No abstract provided.


Comment On The Guyana-Suriname Boundary Dispute, Honourable Doodnauth Singh 2014 University of Georgia School of Law

Comment On The Guyana-Suriname Boundary Dispute, Honourable Doodnauth Singh

Georgia Journal of International & Comparative Law

No abstract provided.


Fear God And Dread Nought: Naval Arms Control And Counterfactual Diplomacy Before The Great War, James Kraska 2014 University of Georgia School of Law

Fear God And Dread Nought: Naval Arms Control And Counterfactual Diplomacy Before The Great War, James Kraska

Georgia Journal of International & Comparative Law

No abstract provided.


Trade, Bert Chapman 2014 Purdue University

Trade, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.


Throwing Admiralty Jurisdiction A Lifevest: Preserving Maritime Jurisdiction For Torts That Do Not Involve Vessels, Monica Thoele 2014 Boston College Law School

Throwing Admiralty Jurisdiction A Lifevest: Preserving Maritime Jurisdiction For Torts That Do Not Involve Vessels, Monica Thoele

Boston College Law Review

This Note examines the current test for establishing admiralty jurisdiction for in personam tort suits and the lower courts’ recent departure from this test. Some lower courts have started to inappropriately read a vessel requirement into the test. This requirement causes a host of problems, including upsetting the spirit of the Extension of Admiralty Jurisdiction Act of 1948, forcing judges to decide issues of fact at the outset of litigation, and inadequately upholding admiralty jurisdiction’s purpose of protecting maritime commerce. The best solution to this problem would be for Congress to pass a new admiralty jurisdiction statute that incorporates ...


The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell 2014 University of New Hampshire

The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell

Communication Scholarship

This chapter is a reexamination of the Writs of Assistance speech by James Otis. In particular, it is a reconsideration of the evidence upon which rests the historical reputation of Otis’s address. Are the claims by historians who credit Otis with sparking the Revolutionary movement in colonial America warranted or not? That reassessment begins with a detailed review of the nature and function of writs of assistance within the political, legal, and economic environment of colonial Massachusetts. It then turns to an analysis of the legal dispute over writs of assistance in the 1761 trial. From there we will ...


Second Test Scanned Not Hein, Tom Hemstock 2014 University of New Hampshire

Second Test Scanned Not Hein, Tom Hemstock

Legal Scholarship

this is only a test


Tarrification Of The Coastwise Trade Laws, Keith E. Diggs 2014 University of Michigan Law School

Tarrification Of The Coastwise Trade Laws, Keith E. Diggs

Michigan Law Review

The coastwise trade laws prohibit foreign vessels and mariners from transporting goods or passengers between American ports. These anticompetitive laws punish American producers and consumers yet barely sustain a dwindling merchant marine. Every attempt to repeal the laws encounters insurmountable political resistance. Reformers of the coastwise trade laws, then, should instead try to convert the prohibition on foreign involvement into a tariff.


The Bp Oil Spill Settlement And The Paradox Of Public Litigation, Samuel Issacharoff, D. Theodore Rave 2013 NELLCO

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 ...


Incorporation By Reference In Maritime Arbitration, Arjya B. Majumdar 2013 SelectedWorks

Incorporation By Reference In Maritime Arbitration, Arjya B. Majumdar

Arjya B Majumdar

This paper deals with maritime arbitration in general and in particular, the applicability of arbitration clauses in charterparties incorporated by reference into bills of lading. Following a discussion on the origin of maritime arbitration we see how dispute resolution in the shipping industry had initially been associated with informal procedures involving little or no dependence upon courts and other systems of formal dispute resolution methods, thus bringing about a special nexus between the maritime industry and non-judicial methods of dispute resolution- such as arbitration.

One of the key requirements of an arbitration to take place is that the arbitration agreement ...


A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint, andrew j. norris 2013 SelectedWorks

A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint, Andrew J. Norris

Andrew Norris

No abstract provided.


Climate Regulation As If The Planet Matters: The Earth Jurisprudence Approach To Climate Change, Glenn Wright 2013 Barry University School of Law

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

Environmental and Earth Law Journal (EELJ)

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 2013 Barry University School of Law

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

Environmental and Earth Law Journal (EELJ)

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 2013 Barry University School of Law

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

Environmental and Earth Law Journal (EELJ)

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 2013 Barry University School of Law

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

Environmental and Earth Law Journal (EELJ)

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 ...


Commerce And Tradition As Gatekeepers Of Admiralty: Falsity And Futility, Graydon S. Staring 2013 SelectedWorks

Commerce And Tradition As Gatekeepers Of Admiralty: Falsity And Futility, Graydon S. Staring

Graydon S. Staring

The use of traditional maritime activity and disruption of maritime commerce as conditions of admiralty tort jurisdiction has no foundation in history or jurisprudence. They conflict with understandings and positive legislation of Congress and cause confusion and fruitless litigation about their meanings and application.


Inside The Blackwall Box: Explaining U.S. Marine Salvage Awards, Joshua C. Teitelbaum 2013 Georgetown University Law Center

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 ...


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