Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Labor and Employment Law (2)
- Property Law and Real Estate (2)
- Torts (2)
- Administrative Law (1)
- Air and Space Law (1)
-
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Bankruptcy Law (1)
- Comparative and Foreign Law (1)
- Contracts (1)
- Courts (1)
- Dispute Resolution and Arbitration (1)
- Environmental Law (1)
- Evidence (1)
- Health Law and Policy (1)
- Insurance Law (1)
- Judges (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Law and Gender (1)
- Law and Race (1)
- Legal Profession (1)
- Legal Remedies (1)
- Medical Jurisprudence (1)
- Oil, Gas, and Mineral Law (1)
- Transportation Law (1)
- Keyword
-
- Admiralty Law (6)
- Liens (2)
- Property--Personal and Real (2)
- Air and Space Law (1)
- Banking and Finance Law (1)
-
- Bankruptcy (1)
- Bankruptcy Law (1)
- Comparable Worth (1)
- Contracts (1)
- Courts (1)
- Employment Practice and the Law (1)
- Environmental Law (1)
- Evidence (1)
- Exculpatory Clauses (1)
- Expert Witnesses and Scientific Evidence (1)
- Gender and the Law (1)
- Government (General) (1)
- Government Liability (1)
- Jurisprudence (1)
- Legal Practice and Procedure (1)
- Maritime Law (1)
- Medical Jurisprudence (1)
- Remedies (1)
- Testimony (1)
- Torts (1)
- Witnesses (1)
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Admiralty
The Federal Maritime Commission’S New Framework For Ocean Carrier Accountability: Analysis Of The Mcs Industries And Oj Commerce Decisions, Heewan Noh, Jie Shi
The Federal Maritime Commission’S New Framework For Ocean Carrier Accountability: Analysis Of The Mcs Industries And Oj Commerce Decisions, Heewan Noh, Jie Shi
Cardozo Law Review de•novo
This article examines two 2024 Federal Maritime Commission (FMC or “Commission”) cases that significantly impact the interpretation of ocean carrier accountability under the Shipping Act of 1984: MCS Industries, Inc. v. COSCO Shipping Lines Co. Ltd. and OJ Commerce, LLC v. Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft A/S & Co. KG. This article argues that the FMC, whose mission is to “[e]nsure a competitive and reliable international ocean transportation supply system that supports the U.S. economy and protects the public from unfair and deceptive practices,” continues to make ongoing efforts to clarify and enforce protecting shippers’ rights. These efforts focus particularly on (i) …
Hook, Line, And Sinker: The Use Of Subsidies, The Globalized System Of Preferences, And Arbitration To Save Our Ocean's Fish, Lindsy Maglich
Hook, Line, And Sinker: The Use Of Subsidies, The Globalized System Of Preferences, And Arbitration To Save Our Ocean's Fish, Lindsy Maglich
Cardozo Journal of Conflict Resolution
In the wee hours of the morning, local fishermen from the impoverished West African country of Senegal head out to sea on their hand-hewn canoes, hoping to catch fish to bring home to sell for income. Thirty years ago these fishermen would bring in nets full of fish, yet these days the smaller local fisherman cannot compete with the Chinese megatrawlers sweeping their mile-long nets through the waters off of West Africa. Because Chinese fishing fleets have depleted the seas of fish near their home, China has sent 2,600 fishing vessels across the world to exploit the waters of other …
Assumption Of Risk In Consumer Contracts And The Distraction Of Unconscionability, Zahra Takhshid
Assumption Of Risk In Consumer Contracts And The Distraction Of Unconscionability, Zahra Takhshid
Cardozo Law Review
For years, courts have struggled to determine when to enforce exculpatory clauses that would prevent personal injury victims from availing themselves of tort remedies under the doctrine of express assumption of risk. In the past, when courts declined to enforce these clauses, they did so on the ground that enforcing such a waiver for the activities in question was “against public policy.” Recently, however, many courts have addressed the issue through the contract doctrine of “unconscionability.” This change in focus has subtly but importantly altered the enforceability inquiry by emphasizing the conditions under which the plaintiff agreed to the contract, …
Title Insurance: Protecting Property At What Price?, Stewart E. Sterk
Title Insurance: Protecting Property At What Price?, Stewart E. Sterk
Articles
The real property recording system is designed to protect purchasers and mortgagees against defects in title. Navigating that system is beyond the capacity of most laymen; historically, purchasers hired lawyers and other professionals to identify and eliminate title risks. Institutional lenders, however, sought more protection than a lawyer's opinion could provide, leading to the development of title insurance. Title insurance, unlike most other insurance, is focused not on risk spreading but on risk elimination. By examining title before issuing a policy, a title insurer minimizes the likelihood of a successful claim by an insured whose title turns out to be …
Asbestos Lawsuits In Russia: Bring One If You Can, Anna Linetskaya
Asbestos Lawsuits In Russia: Bring One If You Can, Anna Linetskaya
Cardozo Journal of International and Comparative Law
The note examines the challenges faced by asbestos victims in Russia in seeking legal redress, highlighting the barriers posed by the country's legal system, lack of regulatory oversight, and the dominance of the asbestos industry. It argues that despite the existence of tort law as a potential avenue for relief, numerous structural and procedural obstacles deter victims from pursuing claims, underscoring the need for legal reforms to improve access to justice.
Taking Daubert’S “Focus” Seriously: The Methodology/Conclusion Distinction, Kenneth J. Chesebro
Taking Daubert’S “Focus” Seriously: The Methodology/Conclusion Distinction, Kenneth J. Chesebro
Cardozo Law Review
Last June's United States Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., rejected the Frye "general acceptance" test for scientific evidence, and went on to make "some general observations" about proper admissibility analysis under Federal Rule of Evidence 702. Daubert was the Court's first decision squarely addressing the expert testimony provisions of the Federal Rules of Evidence, and United States Law Week called Daubert "probably the most important procedural case of the term."
Sexual Equality Before The Silver Oar: Lifting The Fog On Women, Ships, And The Law Of Admiralty, Robert M. Jarvis
Sexual Equality Before The Silver Oar: Lifting The Fog On Women, Ships, And The Law Of Admiralty, Robert M. Jarvis
Cardozo Law Review
No abstract provided.
Tacking A True Course For Maritime Liens On Freight, Uriel P. Bauer
Tacking A True Course For Maritime Liens On Freight, Uriel P. Bauer
Cardozo Law Review
No abstract provided.
Salvage And The Public Interest, Steven F. Friedell
Salvage And The Public Interest, Steven F. Friedell
Cardozo Law Review
No abstract provided.
Reconciling Maritime Liens And The Limitation Of Liability Act, David G. Carlson
Reconciling Maritime Liens And The Limitation Of Liability Act, David G. Carlson
Cardozo Law Review
No abstract provided.