Admiralty Commons^™

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 Conflict Between The Supreme Court Admiralty Rules And Sniadach-Fuentes: A Collision Course?, Joshua M. Morse, Iii

Florida State University Law Review

No abstract provided.

Recent Decisions, Anne Markey, James F. Maddox, Thomas C. Eklund, Thomas F. Taylor, Ralph Vinciguerra, Clark Mervis

Vanderbilt Journal of Transnational Law

Admiralty--Damages in a Maritime Collision or Stranding Caused by Mutual Fault Must be Apportioned According to the Comparative Negligence of the Parties

Anne Markey

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Admiralty--Wrongful Death--General Maritime Law Provides Remedy for Pain and Suffering of Decedent Incurred in Wrongful Death on High Seas but not for Funeral Expenses

James F. Maddox

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Arbitration--Securities Regulation--In International Sale of Securities, Arbitration Agreement is Binding not Withstanding Non-Waiverability of Judicial Remedy of Securities Exchange Act of 1934

Thomas C. Eklund

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IMMIGRATION--ALIEN COMMUTERS, BOTH DAILY AND SEASONAL, WHO HAVE ONCE OBTAINED THE STATUS OF IMMIGRANTS ARE PROPERLY CLASSIFIED AS SPECIAL IMMIGRANTS LAWFULLY …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty Shipowner's Warranty of Seaworthiness extends to any Regularly Used Mode of Ingress or Egress

Award of Prejudgment Interest in Admiralty may be Denied Party Substantially at Fault

Contribution will lie against the United States in Non-collision Maritime Cases when United States and Third Party Adjudged Mutually Negligent

Admiralty Jurisdiction does not Extend to Shoreside Injury Caused by Unloaded Cargo

Admiralty Jurisdiction does not Extend to Shoreside Injury Caused by Negligent Handling of Shipowner's Dunnage when Stevedore uses Own Equipment

2. ARBITRATION

Foreign Arbitration Award may be Enforceable at Bankruptcy although Issued after Initiation of Bankruptcy Proceedings

3. CONTRACTS …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ADMIRALTY

SEAMAN ENTITLED TO MAINTENANCE AND CURE UNTIL INJURY DIAGNOSED INCURABLE

INJURED SEAMAN WHO ABANDONS REHABILITATION PROGRAM DUE TO EXTENUATING CIRCUMSTANCES DOES NOT FORFEIT His RIGHT TO MAINTENANCE AND CURE

SHIPOWNER NOT ENTITLED TO INDEMNITY FOR SETTLEMENT PAID TO INJURED SEAMAN UNDER No LEGAL COMPULSION

THE SUITS IN ADMIRALTY ACT AND THE PUBLIC VESSELS ACT COMPREHEND WRONGFUL DEATH ACTIONS

2. ALIEN'S RIGHTS

MERE SEPARATION OF AN ALIEN AND HIS SPOUSE SHORTLY AFTER MARRIAGE DOES NOT MAKE THE MARRIAGE A SHAM FOR IMMIGRATION PURPOSES

ENTRY OF AN ALIEN INTO THE UNITED STATES INCLUDES ANY ENTRANCE FOLLOWING A MEANINGFUL …

Constitutional Law - Eleventh Amendment - No Waiver Of Sovereign Immunity Implied From State's Entrance Into A Federally Regulated Area Unless There Exists An Express Private Right Of Action Against The State, Anthony A. Desabato

Villanova Law Review (1956 - )

No abstract provided.

Recent Decisions, Dennis L. Bryant, Kurt H. Decker, Paul S. Parker, Charles M. Jackson, Daniel A. Green, Douglass H. Mori

Vanderbilt Journal of Transnational Law

ADMIRALTY--NON-LIEN MARITIME CLAIM--SALVOR WAIVED SALVAGE LIEN BY SEIZING VESSEL PRIOR TO EXPIRATION OF AGREED PAYMENT PERIOD BUT SALVAGE CLAIM COULD BE SATISFIED FROM REMNANTS AND SURPLUS

Dennis L. Bryant Lt., US. Coast Guard

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COMPTROLLER GENERAL--ATTORNEY GENERAL'S OPINION BINDING ON COMPTROLLER GENERAL IN EXIMBANK CREDIT EXTENSIONS TO COMMUNIST COUNTRIES

Kurt H. Decker

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FOREIGN RELATIONS LAW--ACQUISITION OF CONTROL OF DOMESTIC MULTINATIONAL CORPORATION BY A WHOLLY OWNED FOREIGN GOVERNMENTAL CORPORATION DOES NOT PER SE CREATE AN UNREASONABLE CONFLICT OF INTEREST BETWEEN THE OBJECTIVES OF THE ACQUIRER AND ITS DUTIES TO THE DOMESTIC CORPORATION AND ITS SHAREHOLDERS; NOR IS THE ACQUISITION CONTRARY …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

STOWAGE OF CONTAINERIZED CARGO ABOVE-DECK IS NOT AN UNREASONABLE DEVIATION FROM A CLEAN BILL OF LADING UNLESS BELOW-DECK STOWAGE IS ORDINARILY CONTEMPLATED

EMPLOYEE TEMPORARILY ASSIGNED AS CREWMAN IN MOTORBOAT IS NOT A JONES ACT SEAMAN

UNITED STATES CAN CHARGE A BERTHING AGENT'S BOND FOR THE UNCOLLECTED DUTY OF A SHIP WHICH WAS HANDLED AT THE AGENT'S DOCK AND REPAIRED ABROAD

TAX ON NONMUNICIPAL PILOTS DOES NOT MAKE THE USE OF PORT PILOTS COMPULSORY

FREE STANDING ELECTRICAL TRANSFORMER ATTACHED TO SKID DOES NOT CONSTITUTE A PACKAGE WITHIN COGSA

2. ALIEN'S RIGHTS

ALIENS MAY BE EXCLUDED FROM GRAND AND PETIT …

Recent Decisions, Alan L. Marchisotto, W. H. Schwarzschild Iii, Mark M. Greisberger, Richard P. Granfield, Donald B. Cameron, Jr., Isaac H. Braddock, David A. Boillot

Vanderbilt Journal of Transnational Law

Recent Decisions

ADMIRALTY--COGSA--BILL OF LADING CARGO DESCRIPTION AND PACKER IDENTITY DETERMINE WHEN A CONTAINER IS A PACKAGE IN COGSA LIABILITY PROCEEDINGS

Alan L. Marchisotto

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ADMIRALTY--JURISDICTION OVER AVIATION TORT CLAIMS--ADMIRALTY JURISDICTION DOES NOT EXTEND TO AVIATION TORT CLAIMS IN THE ABSENCE OF A SIGNIFICANT RELATIONSHIP BETWEEN THE TORT AND TRADITIONAL MARITIME ACTIVITIES

W. H. Schwarzschild III

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ALIENS--ALIENS MAY MAINTAIN A CAUSE OF ACTION FOR PRIVATE EMPLOYMENT DISCRIMINATION UNDER 42 U.S.C. § 1981 (1970)

Mark M. Greisberger

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ANTITRUST--ARTICLE 86 OF THE EEC TREATY APPLIES TO CERTAIN CHANGES IN INTERNAL CORPORATE STRUCTURE

Richard P. Granfield

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CONSTITUTIONAL LAW--EXECUTIVE POWER--PRESIDENTIAL AUTHORITY …

Recent Decisions, Patricia D. Owen, Jeffery R. Rush, Frank R. Krok, Paul P. Sanford, Edward N. Perry, Edward A. Betancourt

Vanderbilt Journal of Transnational Law

Admiralty--Workmen's Compensation--Receipt of Benefits under State Workmen's Compensation Act containing Exclusive Remedy Provision does not Bar Subsequent Action against Employer for Unseaworthiness

Patricia D. Owen

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Common Market--Council Regulations--Regulation Stake Precedence over Provisions of Member States' Constitutions

Jeffery R. Rush

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Discovery--Aid to Foreign or International Tribunals--United States Courts can Compel Testimony only on Behalf of Foreign or International Tribunals Empowered to make Binding Adjudications

Frank R. Krok

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Extradition--Statute of Limitations--mere Absence is not Equivalent to Fleeing from Justice under 18 U.S.C. § 3290

Paul P. Sanford

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International Court of Justice--Procedure Temporary Relief in the Form of Interim …

Recent Decisions, Stanley D. Miller, G. Cranwell Montgomery, Douglas I. Friedman

Vanderbilt Journal of Transnational Law

Recent Decisions

Admiralty--Maritime Wrongful Death Action--A Maritime Wrongful Death Action for Unseaworthiness Alleging Loss of Support, Services, Society and Funeral Expenses is not Barred by Decedent's Recovery of Damages for Personal Injuries during His Lifetime

Stanley D. Miller

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Constitutional Law--Fourth Amendment Search and Seizure--Without Consent, Warrant or Probable Cause, A Roving Patrol Search of a Vehicle Twenty-Five Miles from Border is an Unreasonable Search and Seizure within Meaning of Fourth Amendment

G. Cranwell Montgomery

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Jurisdiction--Securities Exchange Act of 1934--Section 10(b) applies to Fraudulent Transaction in Unlisted Foreign Securities when the Only Conduct within the United States is the …

Admiralty And Maritime Law, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Comments On The Bremen V. Zapata Off-Shore Co., Journal Staff

Vanderbilt Journal of Transnational Law

The Bremen v. Zapata Off-Shore Co., by bringing domestic law more into harmony with international custom and comparative practice, represents a step in the development of uniformity in transnational law. For this reason the Journal invited the following comments. Professors Charles L. Black, Jr., Robert Leflar and Harold G. Maier explore various aspects of this highly significant case.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ADMINISTRATIVE

NON-VESSEL-OPERATING COMMON CARRIERS HAVE BURDEN OF PROOF TO JUSTIFY THE REASONABLENESS OF PROPOSED RATE INCREASE IN A FEDERAL MARITIME COMMISSION PROCEEDING

2. ADMIRALTY

COMPARATIVE NEGLIGENCE STANDARD APPLICABLE TO THE CANAL ZONE COMPANY DOES NOT SUPERSEDE THE RULE OF DIVIDED DAMAGES BETWEEN VESSELS

FAILURE TO OBEY COMMANDS OF SHIP MASTER BECAUSE OF VOLUNTARY INTOXICATION CONSTITUTES WILLFUL DISOBEDIENCE

PREJUDGMENT INTEREST FROM DATE OF JUDICIAL DEMAND IS PROPER WHEN ORIGINAL ACTION AT LAW Is CHANGED TO ADMIRALTY BY WITHDRAWAL OF JURY DEMAND

THE PERSONAL REPRESENTATIVE ALONE HAS STANDING TO BRING A WRONGFUL DEATH ACTION IN GENERAL MARITIME LAW

PERMITTING …

Recent Decisions, Ronald L. Smallwood, Arden J. Lea, William R. Lauer, John R. Meldorf, Annette Adams, Randolph R. Slaton

Vanderbilt Journal of Transnational Law

ADMIRALTY--FLORIDA OIL POLLUTION ACT--STATE OIL POLLUTION REGULATION OF MARITIME Activities Is PERMISSIBLE SO LONG AS THERE Is No FATAL CONFLICT BETWEEN THE STATE LEGISLATION AND FEDERAL MARITIME REGULATORY SCHEMES

Ronald L. Smallwood

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ADMIRALTY--JONES ACT--SHIPOWNER Is NOT A PROPER DEFENDANT IN A SUIT UNDER THE JONES ACT BROUGHT BY EMPLOYEE OF A CONCESSIONAIRE

Arden J. Lea

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ANTITRUST--IMPORT RESTRICTIONS--DIVESTITURE ORDERED TO RESTORE COMPETITION FOLLOWING FINDING OF VIOLATION OF SECTION 7 OF THE CLAYTON ACT MAY BE ACCOMPANIED BY IMPORT RESTRICTIONS WITHOUT BREACH OF GERMAN/AMERICAN TREATY OR GATT PROVISIONS

William R. Lauer

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FOREIGN RELATIONS LAW--STANDING TO SUE--WEIMAR ART COLLECTION DENIED …

Recent Decisions, Arthur R. Louv, Mark R. Von Sternberg, Jesse W. Hill, Glen T. Oxton

Vanderbilt Journal of Transnational Law

ADMIRALTY--DAMAGES--AWARD ALLOWED FOR EMOTIONAL DISTRESS OF SURVIVING SPOUSES AND CHILDREN, OR PARENTS, UNDER GENERAL MARITIME LAW

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ANTITRUST--EXTRATERRITORIAL JURISDICTION--EFFORTS TO SECURE ACTION BY A FOREIGN STATE CONDUCIVE TO MONOPOLIZATION NOT PRIVILEGED; ACT OF STATE DOCTRINE BARS ANTITRUST CLAIM ARISING FROM ACTS OF A FOREIGN SOVEREIGN ALLEGEDLY INDUCED BY DEFENDANT

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CONSTITUTIONAL LAW--CITIZENSHIP--FIVE YEAR STATUTORY RESIDENCE REQUIREMENT AS A CONDITION SUBSEQUENT TO RETENTION OF CITIZENSHIP BY PERSONS BORN ABROAD NOT VIOLATIVE OF FIFTH AMENDMENT DUE PROCESS

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PRIVATE INTERNATIONAL LAW--SOVEREIGN IMMUNITY--EXECUTIVE SUGGESTION BINDING ON COURTS DESPITE CONTRACTUAL WAIVER OF IMMUNITY

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

The purpose of the Case Digest is to identify and summarize for the reader those cases that have less significance than those which merit an in-depth analysis. Included in the digest are cases that apply established legal principles without necessarily introducing new ones. This initial digest includes cases reported from January through September,1971. Henceforth, the Winter issue will include cases reported from April through September, and the Spring issue will contain cases reported from October through March. The cases are grouped into topical categories, and references are given for further research. It is hoped that attorneys, judges, teachers and students …

Recent Decisions, Randolph B. Jones, Steven M. Lucas, John D. Arterberry, Clifford Love Iii

Vanderbilt Journal of Transnational Law

ACT OF STATE--HICKENLOOPER AMENDMENT NOT AN EXPANSION OF THE "BERNSTEIN EXCEPTION"

Randolph B. Jones

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ADMIRALTY--JURISDICTION--SHIPOWNERS' DUTY OF SEAWORTHINESS DOES NOT EXTEND TO LONGSHOREMAN INJURED ON THE DOCK BY AN INSTRUMENT NOT APPURTENANT TO VESSEL

Steven M. Lucas

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ANTITRUST--E.E.C. TREATY--ACQUISITION AND MERGER OF ENTERPRISE BY FIRM HOLDING A DOMINANT POSITION WITHIN COMMON MARKET WITH EFFECT OF ELIMINATING ACTUAL OR POTENTIAL COMPETITION IN A SUBSTANTIAL PART OF THE COMMUNITY VIOLATES ARTICLE 86 OF THE E.E.C. TREATY

John D. Arterberry

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ANTITRUST--STANDING--FOREIGN NATION HAS STANDING TO SUE FOR TREBLE DAMAGES

Clifford Love III

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CONSTITUTIONAL LAW--ALIENS--STATE LAW OF INTESTATE SUCCESSION WHICH …

Recent Treaties And Statutes, Arthur R. Louv, Woodard E. Farmer, Jr., Mark R. Von Sternberg

Vanderbilt Journal of Transnational Law

ADMIRALTY--AMENDMENT TO FEDERAL MARITIME LIEN ACT--CHARTERER CONCLUSIVELY PRESUMED TO AUTHORIZE LIENS FOR NECESSARIES AND REPAIRS

Arthur R. Louv

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TERRITORIAL JURISDICTION--MASSACHUSETTS JUDICIAL EXTENSION ACT--STATE LEGISLATURE EXTENDS JURISDICTION OF STATE COURTS TO 200 MILES AT SEA

Woodard E. Farmer, Jr.

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TERRITORIAL JURISDICTION--MINING THE DEEP SEA BED--INTERNATIONAL PROBLEMS AND NATIONAL RESOLUTIONS

Mark R. von Sternberg

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

A FEDERAL COURT Is NOT COMPELLED To ASSERT ITS ADMIRALTY JURISDICTION WHEN THE LITIGANTS HAVE INSUFFICIENT CONTACTS WITH THE UNITED STATES OR WHEN A GOOD FAITH CLAIM FOR EARNED WAGES IS NOT SUPPORTED BY THE EVIDENCE

SHIPOWNER GUILTY OF DERELECTION IN ITS NONDELEGABLE DUTY To FURNISH A SEAWORTHY VESSEL HELD NOT ENTITLED TO INDEMNIFICATION

INJUNCTION FOR THE REMOVAL OF A DAMAGED VESSEL CANNOT BE GRANTED IN A DIRECT ADMIRALTY PROCEEDING FOR THAT PURPOSE

SHIPOWNER'S LIABILITY FOR DAMAGE TO GOODS Is NOT LIMITED UNDER EITHER THE CARRIAGE OF GOODS BY SEA ACT OR THE FIRE STATUTE WHEN OWNER FAILED …

Recent Treaties And Statutes, William H. Schwarzschild, Iii

Vanderbilt Journal of Transnational Law

Admiralty--Longshoremen's and Harbor Workers' Compensation Act Amendments of 1972--Congress Abrogates Doctrine of Seaworthiness for Longshoremen

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Space Law--Convention on Liability--Procedure Established to Enforce Liability for Damage Caused by Space Objects

Recent Developments, Stephen W. Ramp, Christopher L. Dutton

Vanderbilt Journal of Transnational Law

Admiralty--The Broadening Scope of Damages Awardable for Wrongful Death in Admiralty

Stephen W. Ramp

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Aliens--State Restrictions on Alien Lawyers

Christopher L. Dutton

Recent Decisions, Robert M. Erickson, Jack F. Stringham, Ii, Alan Marchisotto, James T. Campbell, Ralph C. Oser, David A. Boillot

Vanderbilt Journal of Transnational Law

ACT OF STATE--Act of State Doctrine Not a Bar to Adjudication of a Counterclaim

Robert M. Erickson

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ADMIRALTY--Ship Mortgage Act of 1920--Deficiency Judgment against Mortgagor in Personam Not Precluded by State Law when Vessels were Sold at Public Foreclosure Auction without Prior Appraisal

Jack F. Stringham, II

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ALIENS--Immigration and Naturalization--Restriction of Commuter Aliens' Access to Domestic Employment by Attorney General is Abuse of Discretion

Alan Marchisotto

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EXTRADITION--Principle of Specialty--Specialty does not Preclude Prosecution for Similar Offense when Asylum Nation Would Not Consider it a Breach of Faith

Attorney General of the United States, 462 F.2d 475 (2d …

Admiralty - Unseaworthiness - An Isolated Act Of Operational Negligence Does Not Constitute An Unseaworthy Condition And Cannot Render A Ship Instantaneously Unseaworthy, N.R. Powers

Villanova Law Review (1956 - )

No abstract provided.

Admiralty--Choice Of Law--Ship Owner With Substantial Business Contacts In The United States Is An Employer Within Meaning Of Jones Act, Journal Staff

Vanderbilt Journal of Transnational Law

Plaintiff, a Greek seaman, sought relief in federal court under the Jones Act for injuries suffered aboard ship while docked in a United States seaport. Defendants, corporations, controlled by a permanent resident alien of the United States, contended the Court was without jurisdiction since they were not employers within the meaning of the Jones Act and because the contract of employment with plaintiff provided for the application of Greek law. The District Court found for the plaintiff. The Fifth Circuit affirmed.

On certiorari to the United States Supreme Court, held, affirmed. A shipowner with substantial business contacts in the United …

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Admiralty--Punitive Damages Awarded, P. B. S., J. V. K., W. E. H.

Vanderbilt Journal of Transnational Law

Admiralty--Punitive Damages Awarded under the Jones Act

P.B.S.

Subpoena of Documents Located in Foreign Jurisdictions Where Compliance Subjects Witness to Civil or Criminal Sanctions in Foreign State

J.V.K.

Release of American Serviceman to Foreign Court for Trial is not Violative of Due Process Where Substantial United States Constitutional Guarantees are Provided by Foreign Court

W. E. H.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.