Law Commons^™

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 …

A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint, Andrew J. Norris

Andrew Norris

No abstract provided.

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.

David Trager: Jurist, Jeffrey B. Morris

Jeffrey B. Morris

No abstract provided.

Shifting Sands: A Meta-Theory For Public Access And Private Property Along The Coast, Melissa K. Scanlan

Melissa K. Scanlan

Over half the United States population currently lives near a coast. As shorelines are used by more people, developed by private owners, and altered by extreme weather, competition over access to water and beaches will intensify, as will the need for a clearer legal theory capable of accommodating competing private and public interests. One such public interest is to walk along the beach, which seems simple enough. However, beach walking often occurs on this ambulatory shoreline where public rights grounded in the public trust doctrine and private rights grounded in property ownership intersect. To varying degrees, each state has a …

Inspection And Seizure Of Seizure Of "Armed And Equipped" Somali Pirates: Lessons From The British And American Anti-Slavery Squadrons (1808-1860), John I. Winn

Seattle University Law Review Online

No abstract provided.

Admiralty And Maritime Law, Sarah Wiant

Sarah K. Wiant

No abstract provided.