Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Admiralty (2)
- BP PLC (1)
- Commerce Clause (1)
- Constitutional Law (1)
- Constitutional Structure Accepted Paper Series (1)
-
- Cooperative Federalism (1)
- Deepwater Horizon (Drilling rig) (1)
- International law (1)
- International norms (1)
- Legal History (1)
- Legislation (1)
- Maritime law (1)
- Multidistrict litigation (1)
- Navigation (1)
- Oil Pollution Act of 1990 (U.S.) (1)
- Oil spills (1)
- South China Sea (1)
- Southern Pacific v. Jensen (1)
- Statutory interpretation (1)
- Torts (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Sieracki Lives: A Portrait Of The Interplay Between Legislation And The Judicially Created General Maritime Law, Thomas C. Galligan Jr.
Sieracki Lives: A Portrait Of The Interplay Between Legislation And The Judicially Created General Maritime Law, Thomas C. Galligan Jr.
Journal Articles
In American maritime law, the interplay between the courts and Congress is complex and iterative. A significant body of American admiralty law, the general maritime law, has been judicially created and developed. But Congress has also enacted a number of important statutes governing maritime commerce and the rights of maritime workers, such as the Longshore and Harbor Worker’s Compensation Act (“LHWCA”). The back and forth between the courts and Congress in interpreting those statutes and gauging their impact on and consistency with the general maritime law is ongoing. One important area where the courts development of the general maritime law …
The Bp Mdl And Its Aftermath: Whither Opa's Displacement Jurisprudence?, John Costonis
The Bp Mdl And Its Aftermath: Whither Opa's Displacement Jurisprudence?, John Costonis
Journal Articles
No abstract provided.
The United States, China, And Freedom Of Navigation In The South China Sea, James W. Houck, Nicole M. Anderson
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 …
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Journal Articles
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 …
The Good Samaritan And Admiralty: A Parable Of A Statute Lost At Sea, Patrick J. Long
The Good Samaritan And Admiralty: A Parable Of A Statute Lost At Sea, Patrick J. Long
Journal Articles
No abstract provided.