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Full-Text Articles in Admiralty
Newsroom: The Guardian: Gutoff On Cook's 'Endeavour', 6-16-2016, The Guardian, Associated Press, Roger Williams University School Of Law
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.
Originalism And The Difficulties Of History In Foreign Affairs, Eugene Kontorovich
Originalism And The Difficulties Of History In Foreign Affairs, Eugene Kontorovich
Faculty Working Papers
This Article spotlights some of the idiosyncratic features of admiralty law at the time of the founding. These features pose challenges for applying the original understanding of the Constitution to contemporary questions of foreign relations. Federal admiralty courts were unusual creatures by Article III standards. They sat as international tribunals applying international and foreign law, freely hearing cases that implicated sensitive questions of foreign policy, and liberally exercising universal jurisdiction over disputes solely between foreigners. However, these powers did not arise out of the basic features of Article III, but rather from a felt need to opt into the preexisting …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Admiralty Procedure And Jurisdiction After The 1966 Unification, David W. Robertson
Admiralty Procedure And Jurisdiction After The 1966 Unification, David W. Robertson
Michigan Law Review
From the nation's beginning, the federal district courts have been vested with jurisdiction in cases "of admiralty or maritime jurisdiction." Like its predecessor statute, section 1333 of the present Judicial Code asserts that the jurisdiction is "exclusive of the courts of the states," but the infamous "saving clause" goes on to negate that exclusivity in the bulk of maritime cases by giving the plaintiff the option of maintaining his action in any other court having jurisdiction over it. In "saving clause" cases--that is, cases that could have been brought in federal court under the admiralty jurisdiction, but which were maintained, …
Admiralty And Maritime Law, Various Editors
Admiralty And Maritime Law, Various Editors
Villanova Law Review
No abstract provided.
A View From The Bridge: Some Observations On Amphibious Tort Jurisdiction In Admiralty, Thomas A. Clingan Jr.
A View From The Bridge: Some Observations On Amphibious Tort Jurisdiction In Admiralty, Thomas A. Clingan Jr.
Villanova Law Review
No abstract provided.