Admiralty Commons^™

Maritime Autonomy And Liability: Navigating Uncharted Waters, Manal Cheema, Ariel Sarandinaki

International Law Studies

For centuries, people have voyaged the seas, structuring international and domestic law around the premise that people crew ships. However, that premise is no longer guaranteed as unmanned systems and vessels begin to embark on the waters. As the international community and U.S. legislators grapple with whether the law of the sea and domestic maritime law must adapt to accommodate the newest seafarers, it becomes evident that they need to be fully prepared to answer questions of liability and responsibility regarding unmanned vessels. This will become especially apparent when unmanned vessels collide with manned or other unmanned vessels. This article …

Still On Patrol: An Argument For Greater Protections For Sunken American State Vessels In International And Foreign Coastal Waters, Sarah Elizabeth Catterson

St. John's Law Review

(Excerpt)

Quint, the surly captain from Steven Spielberg’s Jaws, is perhaps most famous for his soliloquy recounting the Indianapolis tragedy. The Indy, as she was called, sunk just under fifteen minutes after being hit by Japanese torpedoes in 1945 following her delivery of the components for the Hiroshima atomic bomb to the Pacific island of Tinian. It took the Navy five days to realize she was missing, by which point 600 of the 800 survivors had died from exposure or shark attacks. The Indy remained missing until she was found seventy-two years later by the Petrel, a …

Cruise Ship And Crime: How To Better Protect United States’ Citizens Who Are Victims Of Crime On The High Seas, Eda Harotounian

Loyola of Los Angeles Law Review

No abstract provided.

Insurance Claims Adjuster Remote Training Initiative, Pamela Wieboldt

Instructional Design Capstones Collection

This paper contains a full training plan initiative to correct a knowledge gap among remote marine insurance adjusters. The problem originated from a longer claims handling process among remote adjusters dealing with Maritime Law claims. In an assessment in the analyze phase this knowledge gap was confirmed. Through analysis there were three major areas of maritime law that adjusters on staff did not test well on. The modules developed will follow the theory of micro learning due to the staff members having limited time to commit to learning each day. As the employees are remote, all of the learning events …

Waiting For Gaudet Charting A Course After Atlantic Sounding Co. V. Townsend, Attilio M. Costabel

St. Thomas Law Review

In Waiting for Godot, the masterpiece play by Nobel Laureate Samuel Beckett, two friends wait expectantly for someone named Godot to arrive. The friends claim him as an acquaintance, but in fact they hardly know him, admitting that they would not recognize him were they to see him. After days of waiting in vain, they pledge to commit suicide the day after, unless of course Godot arrives. At the play's end, the audience never learns if Godot arrived or if the friends committed suicide. This narrative is strikingly similar to the saga of the homonymous Supreme Court case name Gaudet-a …

What Is A Vessel - A Three Prong Approach, Jeff Nemerofsky

Cleveland State Law Review

In the context of United States admiralty law, the definition of the word "vessel" has different meanings depending upon which statute has jurisdiction, the nature of the circumstances, and the characteristics of the person involved. There is no settled definition of the word. The Jones Act is a statute designed to cover seamen injured by the negligent acts of their employer, and is indicative of other admiralty statutes which, by their lack of a specific definition of the word "vessel," have created controversy in the judicial system. This comment proposes a three prong test that suggests several criteria to be …

Finding Federalism In The Admiralty: "The Devil's Own Mess" Revisited, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The federalism aspect of the United States Supreme Court's admiralty jurisprudence has long been adrift.' No feature of admiralty law illustrates the Court's difficulties in this regard better than maritime wrongful death remedies. From the beginning of the Court's involvement with maritime wrongful death remedies in The Harrisburg to its most recent decision on the subject in Offshore Logistics v. Tallentire, the Court's jurisprudence in this area has been characterized by inconsistency.

Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie

LLM Theses and Essays

Shipowners are exposed to a variety of risks that are, to a large extent, unique to maritime business. Because of factors like the recent increase in the size and value of ships, increase in marine traffic, enactment of legislation imposing new liabilities, and the tendency of courts to make huge awards to personal injury and death claims, shipowners are exposed to potential losses or claims worth millions of dollars in the event of disaster. These heavy risks led to the establishment of the marine insurance industry, as well as the enactment of legislation that limits shipowners’ liability. This legislation was …

Marine Cargo Claims, Alastair Bissett-Johnson

Dalhousie Law Journal

In marine matters, Canada is not a maritime but a coastal power. She is also a nation dependent for a livelihood on foreign trade. Translated into terms of admiralty law, Canada's principal interests in ships is not in their ownership but in the cargoes they carry. Accordingly Marine Cargo Claims is a particularly apt title under which Professor Tetley has written a unique Canadian text. His work is also unusual in several useful ways. First, in being directed to the general practitioner, accustomed or not to admiralty affairs but always short of time, it is deliberately organised to facilitate the …

Quiet Revolution: The Development Of Notice Requirements In Admiralty In Rem Actions, Ronald M. Morris

Vanderbilt Journal of Transnational Law

The personification theory has declined in acceptance in the United States since the turn of the century. It is now largely discredited, and has been labeled a mere "literary theme" whose disappearance is "to be welcomed. The personification theory maintains vitality, however, because it provides a rationale for concluding that a ship, and not her owner, may be liable--a result many courts find difficult to justify without the theory.

If the personification theory is taken to its logical extreme, the constitutional due process requirement of notice and opportunity to defend is satisfied by pasting a summons to the vessel's bridge. …

Treasure Salvors, Inc. V. Abandoned Sailing Vessel Believed To Be The Nuestra Sehora De Atocha, 408 F. Supp. 907 (S.D. Fla. 1976), Bruce Mcdonald

Florida State University Law Review

Admiralty- SALVAGE- THE UNITED STATES HAS NOT ASSERTED SOVEREIGN PREROGATIVE OVER ABANDONED PROPERTY ON OUTER CONTINENTAL SHELF.

Torts On Boats And Yachts, Jeffrey A. Rich

Cleveland State Law Review

Summer is here, and boaters eagerly sail or drive their gems-of-the ocean in summer fun. To the lawyer, the boating season means personal injury cases of a special, and possibly, unfamiliar nature. Torts on yachts usually fall within United States admiralty law jurisdiction. We shall sketch the applicable law-for those who read as they run (over the waves).