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Commerce And Tradition As Gatekeepers Of Admiralty: Falsity And Futility, Graydon S. Staring
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.
The Equity Of The M/S Bremen And Its Extraordinary Influence, Graydon S. Staring
The Equity Of The M/S Bremen And Its Extraordinary Influence, Graydon S. Staring
Graydon S. Staring
It is rare that an admiralty case will be widely influential in other fields of law. Such a one was the case of The Bremen. The Supreme Court unanimously renounced the past hostility to forum selection clauses and held them enforceable in Equity by way of admiralty, a precedent soon widely copied as a reform in common law. Note: The intention to publish a larger article on this subject has been abandoned.
Some Questions About Interpretation, Ecto-Ambiguity, Tradition, And Conflicts Of Law And Fact, Graydon S. Staring
Some Questions About Interpretation, Ecto-Ambiguity, Tradition, And Conflicts Of Law And Fact, Graydon S. Staring
Graydon S. Staring
Questions raised by the interpretation of a conrtract clause with the aid of the following devices: Recognizing a more restrictive "traditional" understanding; Finding contract ambiguity between actual wording and traditional understanding; Resolving its intent by the canon contra proferentem; Accepting the finding of intent as controlling foreign state law
Forum Non Conveniens Between Aliens In Admiralty: The Long And Short Of It, Graydon S. Staring
Forum Non Conveniens Between Aliens In Admiralty: The Long And Short Of It, Graydon S. Staring
Graydon S. Staring
The doctrine of forum non conveniens has become more prominent and freely applied as courts have felt the pressure of distended dockets and have also recognized as a principle, more and more, that foreign courts should today be generally viewed as accessible and reliable. The doctrine of foreign non conveniens entered the United States long ago through the admiralty jurisdiction and was only much later adopted elsewhere. It is increasingly prominent and freely applied as courts feel the pressure of distended dockets and recognize, more and more, that foreign courts should be generally viewed as accessible and reliable. It is …
Forgotten Equity: The Enforcement Of Forum Clauses, Graydon S. Staring
Forgotten Equity: The Enforcement Of Forum Clauses, Graydon S. Staring
Graydon S. Staring
When courts differ widely and sharply on which of three or four procedural courses shouold be taken to enforce a contractual right of unquestioned validity, and every such course openly strains orthodox procedural doctrine, we may suslpect they are all wrong. We can confirm that they are wrong when we recognize the right in question is not a procedural incident at all but the right to a substantive performance, bargained for by the parties, that has about it an illusory appearance of procedure and, because of its substance, does not fit comfortably within merely procedural doctrine. Such is the right …
Contribution And Division Of Damages In Admiralty And Maritime Cases, Graydon S. Staring
Contribution And Division Of Damages In Admiralty And Maritime Cases, Graydon S. Staring
Graydon S. Staring
Author’s 50th anniversary note, July 2007 This article was first published by the California Law Review in 1957. It canvasses the subject as described in the outline supplied below. Most gratifying was its apparent influence in the two specific reforms it advocated. The misstatement in Halcyon Lines v Haenn Ship Ceiling and Refitting Co., 342 U.S. 282, 1952 AMC 1 (1952) that the Court had not formerly applied contribution outside of collision cases, as a consequence it became unavailable for almost 20 years, was recognized and the doctrine reformed, first in Horton & Horton, Inc. v. T/S J.E. Dyer, 428 …