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2021

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Articles 31 - 37 of 37

Full-Text Articles in Admiralty

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller Apr 2021

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and …

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There Are More Things To Punitive Damages In Admiralty Than The 1:1 Ratio Set Forth In Exxon’S Legal Philosophy, Thomas C. Galligan Jr. Mar 2021

There Are More Things To Punitive Damages In Admiralty Than The 1:1 Ratio Set Forth In Exxon’S Legal Philosophy, Thomas C. Galligan Jr.

Louisiana Law Review

In Exxon Shipping Co. v. Baker, the U.S. Supreme Court recognized the right to recover punitive damages in admiralty cases and held that punitive damages in the case before it could not exceed the amount of the compensatory damages awarded plus the amount of settlements in related cases. In so holding, the Court reviewed many studies related to punitive damages and said that in a case where the defendant’s conduct was reckless but not worse, where the damages awarded were substantial, and where the defendant was not motivated by profit a 1:1 ratio of punitive to compensatory damages was appropriate. …

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Table Of Contents, Seattle University Law Review Jan 2021

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

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Heroes Among Us: Good Samaritan Laws And Paddlers Turned Swiftwater Rescuers, Jennifer Jolly-Ryan Jan 2021

Heroes Among Us: Good Samaritan Laws And Paddlers Turned Swiftwater Rescuers, Jennifer Jolly-Ryan

University of San Francisco Law Review

No abstract provided.

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International Working Group On Polar Shipping: Report To The Executive Council And Assembly Of The Comité Maritime International, Aldo Chircop Jan 2021

International Working Group On Polar Shipping: Report To The Executive Council And Assembly Of The Comité Maritime International, Aldo Chircop

Reports & Public Policy Documents

This report covers the reporting period from 1 November 2020 to 31 May 2021. The IWG Chair acknowledges updates provided by the subgroup chairs. The IWG continues to operate through three subgroups, namely on Antarctic Shipping (chaired by David Baker), COLREGS in Polar Environments (chaired by Stefanie Johnston) and Cruise Passengers’ Rights (chaired by Lars Rosenberg Overby). While progress has been made, unfortunately the prolonged COVID-19 pandemic has continued to affect aspects of the IWG’s work.

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Opportunities For Public Comments On Pending Trap/Pot Fishery Regulations To Protect The North Atlantic Right Whale, Catherine Schluter Jan 2021

Opportunities For Public Comments On Pending Trap/Pot Fishery Regulations To Protect The North Atlantic Right Whale, Catherine Schluter

Marine Affairs Institute Staff Publications

No abstract provided.

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Title Insurance: Protecting Property At What Price?, Stewart E. Sterk Jan 2021

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 …

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