Barry University School of Law
College of William & Mary Law School
Northwestern University School of Law
University of Rhode Island
Duke Law
Livingston & Gilchrist V. The Maryland Insurance Co. (1813): A Testament To Judicial Flexibility,
2014
University of Maryland - Baltimore
Livingston & Gilchrist V. The Maryland Insurance Co. (1813): A Testament To Judicial Flexibility, Kathleen Lord Fallon
Maryland Legal History Publications
Barely a month before Justice Brockholst Livingston joined the Supreme Court of the United States, a ship he commissioned with a cargo of $50,000, was captured by the British and condemned. The circumstances of the vessel’s voyage led to its capture; she sailed as an American merchant ship under a Spanish license with an American crew. When seized as a prize, the British found papers showing conflicting information concealed amongst the crew belongings. Justice Livingston tried to recoup his losses through an insurance policy with the Maryland Insurance Company, but was denied on the grounds that the voyage ...
The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces,
2014
University of Maryland - Baltimore
The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces, Shannon Price
Maryland Legal History Publications
After the War of 1812, the maritime industry began to decline and merchants and mariners began serving as privateers for Latin American colonies ceding from Spain. This paper examines the Supreme Court decision in an action filed on behalf of the Spanish government seeking restitution for cargo seized from a Spanish vessel, the Santissima Trinidad, on the high seas by the Independencia Del Sud, a public vessel of Buenos Ayres. The Court holds that jurisdiction exists for neutrality violations as the goods were landed at Norfolk, Virginia and the public vessel had an illegal augmentation of force in a U ...
Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993).,
2014
University of Georgia School of Law
Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993)., Austin E. Carter
Georgia Journal of International & Comparative Law
No abstract provided.
The Distant Island Problem: The Arbitration On The Delimitation Of The Maritime Zones Around The French Collectivite Teritoriale Of Saint-Pierre-And-Miquelon,
2014
Steptoe & Johnson
The Distant Island Problem: The Arbitration On The Delimitation Of The Maritime Zones Around The French Collectivite Teritoriale Of Saint-Pierre-And-Miquelon, Merritt R. Blakeslee
Georgia Journal of International & Comparative Law
No abstract provided.
China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension,
2014
Purdue University
China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region ...
Carriage Of Hazardous Cargoes By Sea - The Hns Convention,
2014
Abo Akedemi University, Finland
Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein
Georgia Journal of International & Comparative Law
No abstract provided.
Port State Control: Strong Medicine To Cure A Sick Industry,
2014
University of Cape Town
Port State Control: Strong Medicine To Cure A Sick Industry, John Hare
Georgia Journal of International & Comparative Law
No abstract provided.
Some Reflections Over The Brussels Convention Of 1952 Relating To Arrest Of Sea-Going Vessels And Its Amending Process,
2014
University of Georgia School of Law
Some Reflections Over The Brussels Convention Of 1952 Relating To Arrest Of Sea-Going Vessels And Its Amending Process, Jose M. Alcantara
Georgia Journal of International & Comparative Law
No abstract provided.
Exclusivity Of The Warsaw Convention's Cause Of Action: The U.S. Supreme Court Removes Some Of The Expansive Views Foundations In Zicherman V. Korean Air Lines Co. Ltd.,
2014
University of Georgia School of Law
Exclusivity Of The Warsaw Convention's Cause Of Action: The U.S. Supreme Court Removes Some Of The Expansive Views Foundations In Zicherman V. Korean Air Lines Co. Ltd., Brian S. Tatum
Georgia Journal of International & Comparative Law
No abstract provided.
Yamaha V. Calhoun: The Supreme Court Allows State Remedies In Certain Wrongful Death Cases In Admiralty,
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,
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,
2014
Vrije Universiteit Brussel
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,
2014
American University in Cairo
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,
2014
Republic of Guyana, Attorney General
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,
2014
U.S. Navy
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,
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,
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,
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,
2014
University of New Hampshire School of Law
Tarrification Of The Coastwise Trade Laws,
2014
Unviersity 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.
