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.
On The Effectiveness Of Private Security Guards On Board Merchant Ships Off The Coast Of Somalia -- Where Is The Piracy? What Are The Legal Ramifications?, 2014 Barry University
On The Effectiveness Of Private Security Guards On Board Merchant Ships Off The Coast Of Somalia -- Where Is The Piracy? What Are The Legal Ramifications?, Barry H. Dubner, Claudia Pastorius
Faculty Scholarship
No abstract provided.
On The Effectiveness Of Private Security Guards On Board Merchant Ships Off The Coast Of Somalia -- Where Is The Piracy? What Are The Legal Ramifications?, 2014 Barry University
On The Effectiveness Of Private Security Guards On Board Merchant Ships Off The Coast Of Somalia -- Where Is The Piracy? What Are The Legal Ramifications?, Barry H. Dubner, Claudia Pastorius
Faculty Scholarship
No abstract provided.
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, 2014 Notre Dame Law School
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Barry Cushman
In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, 2014 Barry University
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee
Faculty Scholarship
No abstract provided.
The United States, China, And Freedom Of Navigation In The South China Sea, 2014 Penn State Law
The United States, China, And Freedom Of Navigation In The South China Sea, James W. Houck, Nicole M. Anderson
Journal Articles
The need for a uniform understanding of international norms regarding freedom of navigation is increasingly important as more States develop capacity to act in the international maritime realm. Nowhere is the issue of freedom of navigation more contentious, with more potential to spark wider conflict, than in the South China Sea (SCS). Both the United States and China profess an interest in the free navigation of commercial vessels in the region. Beyond commercial shipping, however, the two nations disagree on the important issue of freedom of navigation for military vessels. The United States believes all nations have wide latitude under …
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
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 reconstruct …
Locke V. United States And The Definition Of Probable Cause In U.S. Civil Forfeiture Proceedings, 2014 University of Maryland - Baltimore
Locke V. United States And The Definition Of Probable Cause In U.S. Civil Forfeiture Proceedings, Benjamin Groff
Legal History Publications
United States civil forfeiture laws are rooted in admiralty in rem forfeiture proceedings that go back to mid-1700s English customs law, and a statute called the Act of Frauds. The procedure was born of the necessity of international marine trade. Similarly, when it came to using in rem seizure to enforce the customs laws, the Crown used a burden shifting presumption that was also born of necessity. Vessel owners were required to come forward and exculpate their vessel once the Crown showed probable cause of a violation. In Locke v. United States, Justice Marshall upheld that burden shifting presumption and …
Maryland Insurance Co. V. Woods, 2014 University of Maryland - Baltimore
Maryland Insurance Co. V. Woods, Andrew Weissenberg
Legal History Publications
Maryland Insurance Company v. Woods, 10 U.S. 29 (1810). In 1803, Britain utilized France’s interference in the Civil Swiss Strife as a pretext to continue its occupancy of Malta, effectively ending the short-lived Treaty of Amiens. As the most impressive Naval Power in the world, Britain proceeded to blockade French, Spanish, and Dutch ports. In 1805, Williams Woods purchased two insurance policies from The Maryland Insurance Company, a successful and lucrative Baltimore marine insurance institution. The two policies covered the ship, The William and Mary, and its cargo. The policy assured the journey from Baltimore to Laguira, with “liberty at …
Sheppard V. Taylor, 5 Peters 675 (1831): Deception On The High Seas And The Quest For Lost Wages, 2014 University of Maryland - Baltimore
Sheppard V. Taylor, 5 Peters 675 (1831): Deception On The High Seas And The Quest For Lost Wages, Steven Zerhusen
Legal History Publications
This Article follows the case of the ship Warren, which set sail in 1806 to take part in illicit trade with the Spanish colonies, unbeknownst to all on board except for the supercargo. After dealing with the suicide of the captain and capture in Concepcion Bay, Chile, the crew languished for years in Spanish prison. After trying for almost 20 years the proceeds of the ship were finally returned to the owners, and the crew filed petition. Not until 1831 was their libel upheld, and wages from their voyage 25 years earlier to be paid to the crew. This article …