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Recent Developments, Charles A. Schliebs

Vanderbilt Journal of Transnational Law

The traditional American "locality" test' for admiralty tort (subject-matter) jurisdiction, which posits the occurrence of the tort on navigable waters as the controlling factor, has suffered mounting criticism through the years because it has resulted in unwarranted expansion of admiralty jurisdiction. Numerous federal courts consequently have suggested the need of an additional requirement that the claim involve some sort of traditional maritime activity to invoke admiralty jurisdiction. The Supreme Court, however, used only the locality test prior to deciding Executive Jet Aviation, Inc. v. City of Cleveland, in which the Court found both the historical requirement of locality and a …