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Full-Text Articles in Admiralty

Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky Jul 2015

Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky

Seattle University Law Review

Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even …


Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig Jul 2015

Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig

Seattle University Law Review

Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and …


Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell Aug 2010

Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell

Seattle University Law Review

Women have been serving in the military in steadily increasing numbers for decades. Nevertheless, the military remains one of the few areas in which the U.S. government decides what roles are open to women based on de jure exclusions. This Article examines the law governing de jure classification, noting that a mere normative belief about women’s proper place in society is an insufficient basis to justify a sex-based exclusion. It then probes the most common rationale advanced in support of the continued de jure exclusion of women: physical strength. The Article examines four problems with the physical strength rationale: (1) …


Admiralty Arrest Procedures Fail The Due Process Test: Alyeska Pipeline Service Company V. Vessel Bay Ridge, Lance B. Nelson Jan 1982

Admiralty Arrest Procedures Fail The Due Process Test: Alyeska Pipeline Service Company V. Vessel Bay Ridge, Lance B. Nelson

Seattle University Law Review

The maritime lien plays an important role in facilitating the smooth operation of maritime commerce. Suppliers and others who do business with vessels are more likely to extend credit to even a strange or foreign ship because the remedy of a maritime lien is available. Without the lien the vessel would no longer serve as security for any contractual or tort liability she might incur and some other form of security would be required prior to dealing with the vessel. Arranging for letters of credit or similar security could prove costly and in some instances delay the vessel. Moreover, the …


Mobil Oil Corp. V. Higginbotham—Confusion Returns To Maritime Wrongful Death Actions, Howard Hall Jan 1979

Mobil Oil Corp. V. Higginbotham—Confusion Returns To Maritime Wrongful Death Actions, Howard Hall

Seattle University Law Review

In 1967, a helicopter carrying three passengers and a pilot returning from an offshore drilling platform crashed into the Gulf of Mexico beyond Louisiana's territorial waters, killing all aboard. The families of the decedents instituted a wrongful death suit in admiralty, seeking recovery under general maritime law, the Death on the High Seas Act (DOHSA), and the Jones Act. The federal district court found Mobil Oil Corporation, the owner and operator of the helicopter, negligent. In awarding damages the district court limited recovery to pecuniary losses, holding that a pecuniary loss limitation applied regardless of the theory of recovery. Specifically, …