Admiralty Commons^™

Treasure Salvors, Inc. V. Abandoned Sailing Vessel Believed To Be The Nuestra Sehora De Atocha, 408 F. Supp. 907 (S.D. Fla. 1976), Bruce Mcdonald

Florida State University Law Review

Admiralty- SALVAGE- THE UNITED STATES HAS NOT ASSERTED SOVEREIGN PREROGATIVE OVER ABANDONED PROPERTY ON OUTER CONTINENTAL SHELF.

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, George H. Chamlee

Mercer Law Review

Cases decided by the Fifth Circuit Court of Appeals during calendar year 1975 which involved admiralty and maritime claims embrace a colorful variety of fact situations but establish few benchmark principles of marine law. One very important case was decided by the U.S. Supreme Court during the survey period, United States v. Reliable Transfer Co., in which was laid to rest one of the unique doctrines of American admiralty law, the rule of dividend damages. Surprisingly, the Fifth Circuit handed down no decisions which provided any meaningful guidance to the proper interpretation of the 1972 amendments to the Longshoremen's …

Admiralty--Divided Damages Rules Replaced By Proportionate Fault In Maritime Collision Or Standing Cases, Margaret Leslie Cooper

Mercer Law Review

In United States v. Reliable Transfer Co., the Supreme Court of the United States was presented with the issue of the continued validity of the rule of equally divided damages in admiralty. The Court rejected the rule and adopted a proportional fault rule for property damage in maritime collision or stranding cases.3 It was held that when two or more parties have contributed by their fault to cause a maritime collision or stranding, liability for damage resulting therefrom shall be allocated proportionately to the comparative degree of fault of each party, except in cases where it is not possible …

I. Admiralty

Washington and Lee Law Review

No abstract provided.

Admiralty And Maritime Law, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Admiralty Jurisdiction Over Pleasure Craft Torts

Maryland Law Review

No abstract provided.

Admiralty, Edward P. Carey

Villanova Law Review (1956 - )

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty

Employer is liable as a Pro Hac Vice Owner for Negligence of an Employee Engaged in Services other than Stevedoring

Submersible Oil Storage Facility use in Connection with Off-Shore Drilling is Classifiable as a "Vessel" within Provisions of Jones Act and General Maritime Jurisdiction

Exclusive Remedy Provision of the Puerto Rico Workmen's Accident Compensation Act does not apply to a Puerto Rican Citizen Injured outside the Territory of Puerto Rico

Determination of Unseaworthiness caused by Character of a Person Aboard is Limited to Crew Members' Condition

2. Common Market

European Community Directive Requires that in the Event of …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

Payment of Wages to Discharged Seaman is not Limited to Direct Cash Payment if other Methods are more Appropriate

Rules for the Transfer of an Admiralty Suit to another Forum are the Same for in Rem as for In Personam Actions

Longshoremen Injured on Employer's Vessel have a Negligence Action against that Employer for Non-stevedore Caused Injuries

Lack of Subject Matter Jurisdiction and Availability of an Alternative Forum denies Foreign Seaman Access to Federal Courts

Longshoreman's Employer is not a Necessary or Indispensable Party to Longshoreman's Action against Shipowner for Negligence

Wrongful Death Remedy under Decisional Maritime Law …

Admiralty Law- Supreme Court Sinks Divided Damages Rule

University of Richmond Law Review

The rule of divided damages in admiralty law, established by the Supreme Court in 1855 in The Schooner Catharinev. Dickinson, requires that if both parties are at fault each must bear one-half of the total dam- ages, regardless of his degree of fault. The rule was developed in response to the harsh common law rule of contributory negligence which allowed no recovery and left the parties to pay their own damages. The divided damages rule was acknowledged by the Supreme Court as valid as late as 1963, and it was not until 1972 that the Court signaled its intention to …

Naval Missions And The Law Of The Sea, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

Recent Decisions, Cleatous J. Simmons, Robert B. Slocum, Edward D. Meyer, Charles S. French, Ronald M. Morris, Mary Beth R. Blake

Vanderbilt Journal of Transnational Law

IMPLIED WARRANTY OF WORKMANLIKE PERFORMANCE--ONE WHO CONTRACTS TO PROVIDE MARITIME SERVICES IMPLIEDLY AGREES TO PERFORM IN A DILIGENT AND WORKMANLIKE MANNER

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty

State Port Authority Acting Incident to Maritime Carriage Subject to Admiralty Jurisdiction in Damage Suit

MARINE INSURANCE PROVIDING COVERAGE OF LOSSES "ARISING FROM OR OCCURRING FROM" SPECIFIED CONDITIONS DOES NOT COVER LOSSES OCCURRING AFTER PERIOD OF COVERAGE DUE TO CONDITIONS WHICH INITIALLY AROSE DURING THE PERIOD OF COVERAGE

FEDERAL COURT LACKS POWER UNDER SUITS IN ADMIRALTY ACT TO IMPOSE GOVERNMENTAL LIABILITY FOR HARM CAUSED BY FAILURE TO EXERCISE DISCRETIONARY FUNCTION

2. Alien's Rights

FAMILY RELATIONSHIP CAN BE SHOWN AS A MATTER OF FACT FOR IMMIGRATION PURPOSES WHERE APPLICABLE FOREIGN DOMESTIC LAW HOLDS MEANINGLESS THE CONCEPT OF LEGITIMACY

3. …

Negligence Standards Under The 1972 Amendments To The Longshoremen's And Harbor Worker's Compensation Act: Examining The Viewpoints, J. Charles Sheak

Villanova Law Review (1956 - )

No abstract provided.

The Politics Of Lawmaking: Problems In International Maritime Regulation: Innocent Passage V. Free Transit, George P. Smith Ii

Scholarly Articles

Free transit and innocent passage as internationally recognized maritime rights present few problems. Complexities arise when some states - dissatisfied with innocent passage because of alleged weaknesses in its operation and implementation - seek to modify or completely transform this right into the broader right of free transit through certain territorial waters in international straits in disregard of coastal state needs. Other states assert there can be neither a re-evaluation nor a modification of the right of innocent passage and the right of free transit until agreement is first reached on the extent of expanded fishing rights and rights for …