Law Commons^™

Law School News: Elisabeth D'Amelio Chosen As Class Of 2024 Graduate Student Commencement Speaker 5-14-24, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.

Admiralty, Abstention, And The Allure Of Old Cases, Maggie Gardner

Notre Dame Law Review

The current Supreme Court has made clear that history matters. But doing history well is hard. There is thus an allure to old cases because they provide a link to the past that is more accessible for nonhistorian lawyers. This Article warns against that allure by showing how the use of old cases also poses methodological challenges. The Article uses as a case study the emerging doctrine of foreign relations abstention. Before the Supreme Court, advocates argued that this new doctrine is in fact rooted in early admiralty cases. Those advocates did not, however, canvass the early admiralty practice, relying …

The Medical/Legal/Human Disconnect In Cure Cases: A Proposal For Reform, Thomas C. Galligan Jr.

All Scholarship

The obligation of a vessel owner to provide a seaman with cure or medical treatment for injuries or conditions which were either caused by the seaman’s service of the ship or which manifested themselves during that service is of ancient origin. The obligation lasts until the seaman attains what the courts call maximum medical improvement, a medical decision, even if further treatment would ease the seaman’s pain or prevent relapse or degeneration of the seaman’s condition. Under the traditional rules, if medicine could not fix the seaman’s problem, then the obligation to provide cure ceased. These old rules are out …

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 …

Roger Williams University School Of Law Commencement, May 20, 2022, Bristol, Rhode Island, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

Interdiction Operations At Sea: A Critical Analysis Of Irregular Migration Beyond The Territorial Seas, Junya Otani

World Maritime University Dissertations

No abstract provided.

Law School News: Rwu Law Acquires Top Marine Law Journal 08-19-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Roger Williams University School Of Law Commencement, May 21, 2021, Bristol, Rhode Island, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

Drilling For Admiralty: The Ocsla As A Bar To Maritime Law In Ocs Drilling Accidents, Christopher W. Sanborn

William & Mary Business Law Review

Maritime law is ultimately driven by commerce. The seas were—and continue to be—one of the easiest ways to transfer goods over large distances. Yet maritime commerce has a relative newcomer that is not shipping or transportation focused—offshore drilling. Should admiralty and maritime law, intended to protect seamen and keep ships engaged in maritime commerce apply to personal injury claims on drilling rigs on the Outer Continental Shelf? This Note argues that they should not apply for two reasons. In Lozman v. Riviera Beach, the Supreme Court announced that a “vessel” should appear to the reasonable observer as intended to carry …

Cruise Ship And Crime: How To Better Protect United States’ Citizens Who Are Victims Of Crime On The High Seas, Eda Harotounian

Loyola of Los Angeles Law Review

No abstract provided.

There Are More Things To Punitive Damages In Admiralty Than The 1:1 Ratio Set Forth In Exxon’S Legal Philosophy, Thomas C. Galligan Jr.

Louisiana Law Review

In Exxon Shipping Co. v. Baker, the U.S. Supreme Court recognized the right to recover punitive damages in admiralty cases and held that punitive damages in the case before it could not exceed the amount of the compensatory damages awarded plus the amount of settlements in related cases. In so holding, the Court reviewed many studies related to punitive damages and said that in a case where the defendant’s conduct was reckless but not worse, where the damages awarded were substantial, and where the defendant was not motivated by profit a 1:1 ratio of punitive to compensatory damages was appropriate. …

2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.

Selling A Vessel Free And Clear Of A Maritime Lien Pursuant To Section 363 Of The Bankruptcy Code, Aram Movaseghi

Bankruptcy Research Library

(Excerpt)

Under title 11 of the United States Code (the “Bankruptcy Code”), a debtor in possession or trustee may sell property of the debtor’s estate. However, a lien on a maritime vessel may make such a sale challenging, in particular because of jurisdictional issues. When a debtor’s assets become subject to the jurisdiction of both admiralty and bankruptcy cases, a complex conundrum arises. Maritime bankruptcies have generated complex legal issues and jurisdictional conflicts that have perplexed practitioners and implicated significant constitutional issues.

Under section 363 of the Bankruptcy Code, a debtor or trustee may seek authority from the court to …

Law Library Blog (October 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Sea-Spondeat Superior: Are Cruise Ships Liable For On-Board Medical Malpractice?, Anthony Todaro

Seton Hall Circuit Review

No abstract provided.

Newsroom: The Guardian: Gutoff On Cook's 'Endeavour', 6-16-2016, The Guardian, Associated Press, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Trending @ Rwu Law: Julia Wyman's Post: Rwu Law Grads Making Waves In Marine Affairs: 04/05/2016, Julia Wyman

Law School Blogs

No abstract provided.

Developing An International Carbon Tax Regime, Steven Specht

Steven Specht

As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

Proposed Implementing Procedures For Restore Act Awards Under Nepa, Sara Mammarella

Sara Mammarella

On April 20, 2010, what has been described as “the worst oil spill in U.S. history,” the BP Deepwater Horizon oil spill, occurred off the Louisiana coast, affecting a five-state area in the Gulf region (Florida, Alabama, Louisiana, Mississippi, and Texas), dumping an estimated 4.9 billion barrels of oil into the Gulf of Mexico. In response, Congress enacted the federal RESTORE Act to set up a mechanism for compensating the victims of the oils spill and to Repair the environmental harm caused by the oil spill.

This article will examine the effectiveness of the regulatory scheme in place that was …

God & Man In The Military: Military Commanders And The First Amendment, James J. Woodruff Ii

James J. Woodruff II

In an attempt to provide clarity in the stormy seas presented at the intersection of church and state we have followed a three-step process to resolve religious liberty issues. A military commander may experience bewilderment when confronted with questions such as when is public prayer allowed or when can a religious artwork be displayed on amilitary installation. This article will review the three-step process to utilize in answering most religious-based First Amendment issues that arise during military operations. It will also provide a new manner of thinking regarding the separation of church and state.

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

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.

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 …

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 …

The Federal Common Law Of Nations, Anthony J. Bellia, Bradford R. Clark

Anthony J. Bellia

Courts and scholars have vigorously debated the proper role of customary international law in American courts: To what extent should it be considered federal common law, state law, or general law? The debate has reached something of an impasse, in part because various positions rely on, but also are in tension with, historical practice and constitutional structure. This Article describes the role that the law of nations actually has played throughout American history. In keeping with the original constitutional design, federal courts for much of that history enforced certain rules respecting other nations' perfect rights (or close analogues) under the …

All In The Family, Almost - A Review Of The 2012-2013 U.S. Supreme Court Term, Miller W. Shealy Jr.

Miller W. Shealy Jr.

No abstract provided.

Incorporation By Reference In Maritime Arbitration, Arjya B. Majumdar

Arjya B Majumdar

This paper deals with maritime arbitration in general and in particular, the applicability of arbitration clauses in charterparties incorporated by reference into bills of lading. Following a discussion on the origin of maritime arbitration we see how dispute resolution in the shipping industry had initially been associated with informal procedures involving little or no dependence upon courts and other systems of formal dispute resolution methods, thus bringing about a special nexus between the maritime industry and non-judicial methods of dispute resolution- such as arbitration.

One of the key requirements of an arbitration to take place is that the arbitration agreement …