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Full-Text Articles in Law
Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iii), Craig H. Allen
Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iii), Craig H. Allen
Articles
No abstract provided.
Treasure Salvage And The United States Supreme Court: Issues Remaining After Brother Jonathan, John Paul Jones
Treasure Salvage And The United States Supreme Court: Issues Remaining After Brother Jonathan, John Paul Jones
Law Faculty Publications
On April 22, 1998, the United States Supreme Court announced its decision in California v. Deep Sea Research, Inc., 1 a case of shipwreck salvage begun as a maritime action in rem. Because the Court does not often accept cases of admiralty and maritime law, its decision was eagerly anticipated by American maritime lawyers and constitutionalists, both for what it might say about the Eleventh Amendment and sovereign immunity in a federal system and how it might limit Congressional power to alter the general maritime law and admiralty jurisdiction. Also anxious for the Court's decision were the few maritime lawyers …
The Last Brooding Omnipresence: Erie Railroad Co. V. Tompkins And The Unconstitutionality Of Preemptive Federal Maritime Law, Ernest A. Young
The Last Brooding Omnipresence: Erie Railroad Co. V. Tompkins And The Unconstitutionality Of Preemptive Federal Maritime Law, Ernest A. Young
Faculty Scholarship
No abstract provided.
Federal Common Law In Admiralty: An Introduction To The Beginning Of An Exchange, Joel K. Goldstein
Federal Common Law In Admiralty: An Introduction To The Beginning Of An Exchange, Joel K. Goldstein
All Faculty Scholarship
Most scholars and practitioners of admiralty law have long relied upon two central assumptions regarding their subject. First, they have understood that uniformity was a requisite of maritime law such that, generally speaking, national, rather than state, law governed most maritime events and transactions. Second, they have believed that in order to preserve the uniformity of maritime law, federal admiralty courts are empowered to fashion federal common law.[1] The commitment to these related propositions has been attested to or illustrated by a collection of Supreme Court decisions.[2] For instance, in Southern Pacific Co. v. Jensen,[3] the case that stands as …
Preemption At Sea, Ernest A. Young
Preemption At Sea, Ernest A. Young
Faculty Scholarship
Although Erie Railroad v. Tompkins put an end to the "general federal common law," a form of general common law lives on in admiralty. The interaction of that law with state regulatory authority in maritime cases has given rise to one of the thorniest questions in federal courts law -- the problem of maritime preemption. Because admiralty law remains largely a "brooding omnipresence over the sea," maritime preemption affords a unique opportunity to explore the implications of both pre- and post-Erie approaches to judge-made law for our modern system of federalism. In this article, Professor Young proposes that the present …