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Admiralty Commons

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2008

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Articles 1 - 10 of 10

Full-Text Articles in Admiralty

National Security Vs. Whales: The Navy And The Natural Resources Defense Counsel Battle Their Way To The Supreme Court, Alicia Schaffner Dec 2008

National Security Vs. Whales: The Navy And The Natural Resources Defense Counsel Battle Their Way To The Supreme Court, Alicia Schaffner

Sea Grant Law Fellow Publications

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Ninth Circuit Grants Partial Reprieve To California Sea Lions, Alicia Schaffner, Stephanie Showalter Oct 2008

Ninth Circuit Grants Partial Reprieve To California Sea Lions, Alicia Schaffner, Stephanie Showalter

Sea Grant Law Fellow Publications

No abstract provided.


No Sanctions For Vessel Carrying Shark Fins, Alicia Schaffner Jul 2008

No Sanctions For Vessel Carrying Shark Fins, Alicia Schaffner

Sea Grant Law Fellow Publications

No abstract provided.


Admiralty, Colin A. Mcrae, Jessica L. Mcclellan Jul 2008

Admiralty, Colin A. Mcrae, Jessica L. Mcclellan

Mercer Law Review

The United States Supreme Court and Eleventh Circuit Court of Appeals were busy in 2007 with admiralty cases and other matters of importance to maritime practitioners. The Supreme Court considered two punitive damages cases with maritime implications and reviewed a case under the Federal Employers' Liability Act with potential bearing on Jones Act jurisprudence. The Supreme Court also clarified an important procedural issue concerning the application of the forum non conveniens doctrine, which often arises in maritime cases. The Eleventh Circuit continued its trend of tackling important maritime questions by issuing opinions on (1) the interplay between the Seaman's Wage …


The Roots And False Aspersions Of Shipowner's Limitation Of Liability, Graydon S. Staring Jun 2008

The Roots And False Aspersions Of Shipowner's Limitation Of Liability, Graydon S. Staring

Graydon S. Staring

Limitation of enterprise liability is today so commonplace that we see notice of it all around us in the words “incorporated” and “limited” and their abbreviations, and take it for granted that any sizeable business and many small ones enjoy limited liability. It was not always so, and long before it became generally available ashore the pioneers of enterprise liability limitation were shipowners. That it has survived the development and ready availability of corporate limitation is at first remarkable but becomes quite understandable when its history, its foundations in the policy of maritime nations, its relation to modern commercial maritime …


Court Denies Regulatory Taking In Designated Port Area, Alicia Schaffner Apr 2008

Court Denies Regulatory Taking In Designated Port Area, Alicia Schaffner

Sea Grant Law Fellow Publications

No abstract provided.


Beyond The Article I Horizon: Congress’S Enumerated Powers And Universal Jurisdiction Over Drug Crimes, Eugene Kontorovich Jan 2008

Beyond The Article I Horizon: Congress’S Enumerated Powers And Universal Jurisdiction Over Drug Crimes, Eugene Kontorovich

Faculty Working Papers

This paper explores the Article I limits faced by Congress in exercising universal jurisdiction (UJ) – that is, regulating extraterritorial conduct by foreigners with no affect on or connection the U.S. While UJ is becoming increasingly popular in Europe for the punishment of human rights offenses, Congress's primary use of UJ today is under the Maritime Drug Law Enforcement Act. This obscure law allows the U.S. to punish for violating U.S. drug laws foreign defendants on foreign vessels in international waters. The MDLEA's UJ provisions raise fundamental questions about the source and extent of Congress's constitutional power to regulate purely …


Court Grants Stay Of Injunction In Navy Sonar Case, Alicia Schaffner Jan 2008

Court Grants Stay Of Injunction In Navy Sonar Case, Alicia Schaffner

Sea Grant Law Fellow Publications

No abstract provided.


The Role Of Technology In Maritime Security : A Survey Of Its Development, Application, And Adequacy, Bhim S. Kothari Jan 2008

The Role Of Technology In Maritime Security : A Survey Of Its Development, Application, And Adequacy, Bhim S. Kothari

World Maritime University Dissertations

No abstract provided.


Places Of Refuge For Ships, John E. Noyes Jan 2008

Places Of Refuge For Ships, John E. Noyes

Faculty Scholarship

This essay first provides an overview of Places of Refuge for Ships, a book that contains essential information and perspectives for lawyers and policy makers. Part III then briefly explores why the issue of places of refuge is daunting. The reasons for the complexity of this issue set the scene for Part IV, which proposes a process-oriented approach to assess and manage risks where vessels in distress seek access to places of refuge.