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Full-Text Articles in Law
Commerce And Tradition As Gatekeepers Of Admiralty: Falsity And Futility, Graydon S. Staring
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.
Book Review: The Modern Law Of Marine Insurance, Vol. 3 D. Rhodian Thomas (Ed.) (London 2009), Graydon S. Staring
Book Review: The Modern Law Of Marine Insurance, Vol. 3 D. Rhodian Thomas (Ed.) (London 2009), Graydon S. Staring
Graydon S. Staring
Review of a book by several authors on topics characterized by me as follows: An Anglo-American Subject; Multimodal Boundaries; Plumbing the Depths of Indemnity; Anonymous Assureds: When the Principal "Knows" What the Agent Knows; Institute Cargo Clauses 2009; Indefinable Piracy and Other Crimes; Conflict of Laws--A Cruise on Waters of Discord; Conflict of Laws--Pax Romana.
The Lingering Influence Of Richard Ii And Lord Coke In The American Admiralty, Graydon S. Staring
The Lingering Influence Of Richard Ii And Lord Coke In The American Admiralty, Graydon S. Staring
Graydon S. Staring
It must be fair to say that a useful commercial and legal regime should be spread as wide as its usefulness, with as few artificial and irrelevant barriers as possible. All of our irrelevant barriers have been discredited in various situations, but two of them, viz. as to contracts made on land or to be performed in part on land, remain anomalously in two irrational and inconvenient applications. As they have no statutory sanction, they can be corrected by the courts, just as they have nullified them both in other situations and rationalized the jurisdiction in other respects. Cease the …
Mixed Policies And Separability After Folksamerica, Graydon S. Staring
Mixed Policies And Separability After Folksamerica, Graydon S. Staring
Graydon S. Staring
The Kirby decision by the Supreme Court in 2004 is a landmark in admiralty jurisdiction of contracts with both marine and non-marine elements. The Folksamerica decision by the Second Circuit, the insurance case that follows it in 2005, is a distinctly important precedent requiring additional analysis from case to case in applying the new standard to insurance policies. The old prescription that maritime contracts be purely maritime with its exception for merely incidental non-maritime elements is overruled. Contracts apparently mixed are to be examined to determine whether their principal objective is to effectuate maritime commerce, and if so they are …
The American Admiralty: Division And Devolution, Graydon S. Staring
The American Admiralty: Division And Devolution, Graydon S. Staring
Graydon S. Staring
THE AMERICAN ADMIRALTY: DIVISION AND DEVOLUTION By Graydon S. Staring* Table of Contents I. INTRODUCTION II. DEVELOPMENT AND DEFINITION AS A CUSTOM- ARY REGIME A. Early Development B. The Jurisdiction Developed as of 1789 C. The Substance of Admiralty Undivided III. DIVISION AND DEVOLUTION A. The Transfer of Essential Functions 1. The Navy Itself 2. Lawmaking, Regulatory and Police Powers B. Devolutions to Departments, Agencies and Courts 1. To Department of Homeland Security a) U.S. Coast Guard b) Bureau of Customs and Border Security 2. To the Army Corps of Engineers 3. To NOAA, National Marine Fisheries Service 4. To …
The Roots And False Aspersions Of Shipowner's Limitation Of Liability, Graydon S. Staring
The Roots And False Aspersions Of Shipowner's Limitation Of Liability, Graydon S. Staring
Graydon S. Staring
Limitation of enterprise liability is today so commonplace that we see notice of it all around us in the words “incorporated” and “limited” and their abbreviations, and take it for granted that any sizeable business and many small ones enjoy limited liability. It was not always so, and long before it became generally available ashore the pioneers of enterprise liability limitation were shipowners. That it has survived the development and ready availability of corporate limitation is at first remarkable but becomes quite understandable when its history, its foundations in the policy of maritime nations, its relation to modern commercial maritime …
The Admiralty Jurisdiction Of Torts And Crimes And The Failed Search For Its Purposes, Graydon S. Staring
The Admiralty Jurisdiction Of Torts And Crimes And The Failed Search For Its Purposes, Graydon S. Staring
Graydon S. Staring
This article views the jurisdiction, or power, of the Admiral in its historic setting as that of a governor, a ruler, of the offshore waters claimed by the kings. He had military, legislative (regulatory), police and judicial powers, the recognition of which became customary for maritime nations. The judicial jurisdiction comprised the legal questions that arose from his other functions. Like the rest of his powers, it was territorial rather than defined by other subject matter. This was the situation when the Constitution was adopted, when admiralty in its broadest form known to us was found in the colonies and …
Harmonization Of Warranties And Conditions: Study And Proposals, Graydon S. Staring
Harmonization Of Warranties And Conditions: Study And Proposals, Graydon S. Staring
Graydon S. Staring
In the interest of harmonizing marine insurance across state and national borders, the word "warranty" should be abandoned and all true conditiona precedent be called "conditions", with the consequences of breach specified, and in appropriate instances coverage be excluded only as to losses caused by the breach.