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Articles 1 - 12 of 12
Full-Text Articles in Admiralty
Untethering Umvs From Vessels: Why The United States Should Construct A New Environmental Legal Scheme For Unmanned Maritime Vehicles, Lindsay I. Mccarl
Untethering Umvs From Vessels: Why The United States Should Construct A New Environmental Legal Scheme For Unmanned Maritime Vehicles, Lindsay I. Mccarl
Dickinson Law Review (2017-Present)
International and domestic laws and regulations, and in particular those addressing environmental protections related to the world’s oceans, have no clear application to unmanned maritime vehicles (UMVs). Instead, legal scholars have attempted to fit UMVs into current legal schemes in a piecemeal manner that UMVs practically and realistically cannot comply with. UMVs are inherently different than their manned counterparts and therefore require a unique legal framework separate and apart from manned vessels. Without its own legal scheme, the United States Navy and other organizations will not be able to realize the full potential of UMVs—not only for their military operational …
Assumption Of Risk In Consumer Contracts And The Distraction Of Unconscionability, Zahra Takhshid
Assumption Of Risk In Consumer Contracts And The Distraction Of Unconscionability, Zahra Takhshid
Cardozo Law Review
For years, courts have struggled to determine when to enforce exculpatory clauses that would prevent personal injury victims from availing themselves of tort remedies under the doctrine of express assumption of risk. In the past, when courts declined to enforce these clauses, they did so on the ground that enforcing such a waiver for the activities in question was “against public policy.” Recently, however, many courts have addressed the issue through the contract doctrine of “unconscionability.” This change in focus has subtly but importantly altered the enforceability inquiry by emphasizing the conditions under which the plaintiff agreed to the contract, …
Lost At Sea: The Continuing Decline Of The Supreme Court In Admiralty, Michael Sevel
Lost At Sea: The Continuing Decline Of The Supreme Court In Admiralty, Michael Sevel
University of Miami Law Review
For the first 200 years of its history, the United States Supreme Court served as the primary leader in the development of, and its cases the primary source of, the admiralty and maritime law of the United States. That appears to be changing. The Court’s admiralty cases over the last quarter century indicate that it is slowly giving up its traditional leading role in creating and developing rules of admiralty law, and instead deferring to Congress to make those rules, a trend that is tantamount to abandoning its Article III constitutional duty to serve as the country’s only national admiralty …
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee
Faculty Scholarship
No abstract provided.
A Brief Overview Of The Enforceability Of Forum Selection, Choice Of Law, And Arbitration Clauses And The Doctrine Of Forum Non Conveniens Under The Admiralty Law Of The United States, Donald R. Abaunza
Dalhousie Law Journal
Forum selection, choice of law and arbitration clauses are of great significance in offshore contracts, where disputes may arise in locations far removed from the fora identified in those contracts. In this article, the author provides an examination of the enforceability of these clauses in the United States, together with an explanation of the operation of the doctrine of forum non conveniens in that country.
Taking Daubert’S “Focus” Seriously: The Methodology/Conclusion Distinction, Kenneth J. Chesebro
Taking Daubert’S “Focus” Seriously: The Methodology/Conclusion Distinction, Kenneth J. Chesebro
Cardozo Law Review
Last June's United States Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., rejected the Frye "general acceptance" test for scientific evidence, and went on to make "some general observations" about proper admissibility analysis under Federal Rule of Evidence 702. Daubert was the Court's first decision squarely addressing the expert testimony provisions of the Federal Rules of Evidence, and United States Law Week called Daubert "probably the most important procedural case of the term."
Sexual Equality Before The Silver Oar: Lifting The Fog On Women, Ships, And The Law Of Admiralty, Robert M. Jarvis
Sexual Equality Before The Silver Oar: Lifting The Fog On Women, Ships, And The Law Of Admiralty, Robert M. Jarvis
Cardozo Law Review
No abstract provided.
Tacking A True Course For Maritime Liens On Freight, Uriel P. Bauer
Tacking A True Course For Maritime Liens On Freight, Uriel P. Bauer
Cardozo Law Review
No abstract provided.
Salvage And The Public Interest, Steven F. Friedell
Salvage And The Public Interest, Steven F. Friedell
Cardozo Law Review
No abstract provided.
Reconciling Maritime Liens And The Limitation Of Liability Act, David G. Carlson
Reconciling Maritime Liens And The Limitation Of Liability Act, David G. Carlson
Cardozo Law Review
No abstract provided.
Admiralty - Maintenance And Cure Of Seamen - Right To Contribution Between Shipowners For Co-Existing Obligation - Gooden V. Sinclair Refining Co., 378 F.2d 576 (3rd Cir. 1967), Thomas G. Horne
William & Mary Law Review
No abstract provided.
Cases On The Law Of Admiralty, By George Deforest Lord And George C. Sprague, Paul L. Sayre
Cases On The Law Of Admiralty, By George Deforest Lord And George C. Sprague, Paul L. Sayre
Indiana Law Journal
No abstract provided.