Admiralty Commons^™

Managing Recreational Rivers, Ben A. Rich

Akron Law Review

This paper will discuss various approaches that have 'been or could be taken by government agencies in order to provide and protect rivers with recreational potential for use as public recreational facilities, in particular boating and canoeing, and consider them in the context of the state of Illinois, which has been faced with a tremendous increase in pressure for water based recreational facilities and anachronistic case and statute law of water and related land resources.

The fundamental issue in any situation involving use by the public of natural watercourses concerns the concept of navigability. Crucial and divergent sets of conclusions …

California V. Deep Sea Research: Leashing In The Eleventh Amendment To Keep Sinking Shipwreck Claims Afloat, Paul Neil

Pepperdine Law Review

No abstract provided.

Ancillary Jurisdiction In Admiralty: Smooth Sailing For Impleading Of Non-Maritime Causes Of Action, Ernesto J. De La Fé

University of Miami Inter-American Law Review

No abstract provided.

Maritime Law - Common Sense And Nonsense Stand Face To Face In The Fourth Circuit - Hassinger V. Tideland Electric Membership Corp., Paul A. Newton

Campbell Law Review

This Note analyzes the Hassinger opinion in two sections. After a discussion of the case and the background of maritime jurisdiction, the first section considers the inappropriate use of a district court case cited for support in Hassinger. The second section considers the anomalous jurisdictional results created for pleasure vessel owners who use boat launching ramps when the Hassinger holding is combined with the holding of Hastings v. Mann, another Fourth Circuit opinion written twenty-two years ago.

Admiralty Tort Jurisdiction—Traditional Maritime Activity Explained: Commercial Use Of Vessel Unnecessary To Invoke Jurisdiction, La Quita Kenner Saunders

University of Arkansas at Little Rock Law Review

No abstract provided.

The Navigability Concept In The Civil And Common Law: Historical Development, Current Importance, And Some Doctrines That Don't Hold Water, Glenn J. Macgrady

Florida State University Law Review

No abstract provided.

Punitive Damages Against Shipowners, Arthur E. Miller

Cleveland State Law Review

Much of our national maritime policy is deep-rooted in the body of American admiralty law. Traditionally, Congress and the courts of admiralty have viewed the merchant seaman as within their protective custody because of the inherent danger of his calling and the unique status of his contract of employment. To encourage shipbuilding and develop the American Merchant Marine, similar protection has been extended to the shipowner by enabling him to limit his financial risks in the event of disaster. Conversely, the concept of punitive damages finds no statutory support in our maritime law and has been so seldom awarded as …

Admiralty - Jurisdiction - Quasi -Contractual Remedy, Ross Kipka S.Ed.

Michigan Law Review

Petitioners paid money to respondent for prospective passage to Europe on his passenger vessel held out as a common carrier. When respondent failed to make the voyage or return the passage money, petitioners sued in admiralty for breach of contract. The libel was in the nature of indebitatus assumpsit for moneys had and received and wrongfully withheld by respondent. The district court held this an action based upon the breach of a maritime contract and therefore within the admiralty jurisdiction. The court of appeals reversed, on the ground that the action was in the nature of the common law indebitatus …

What Is A Vessel In Admiralty Law, Donald W. Peters

Cleveland State Law Review

Any structure made to float upon the water for the purpose of commerce or war, whether impelled by wind, steam or oars -this is the explanation of a vessel given in the American-English Encyclopedia of Law. A vessel has been further defined in the Revised Statutes of the United States as including every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation by water. A controversial question however, that often creates confusion, is this: When, during the course of construction, is a craft considered to be a full-fledged vessel. Theories and …