Admiralty Commons^™

Schiffahartsgesellschaft Leonhardt: A Dangerous Precedent For The Effectiveness Of The Supplemental Rules For Certain Admiralty And Maritime Claims, James D. Garbus

University of Miami Law Review

No abstract provided.

Maritime Administration And Maritime Law In Somalia, Sheik-Hussein

World Maritime University Dissertations

No abstract provided.

A Trip Through The Looking Glass - Asserting The Right To Limit Liability In Admiralty, Alfred S. Pelaez

Duquesne Law Review

The ability of vessel owners defending certain admiralty actions to limit their liability is the concern of this article. The author discusses the statute, rule, and case precedents which allow this limitation; and analyzes the often confusing pattern of the application of liability limitation procedures. He concludes that the uncertainty involved in asserting the protection afforded vessel owners should be eliminated so that the limitation may be effectively used.

Maritime Transport: The Evolution Of International Marine Policy And Law By Edgar Gold, Robert C. Evans

Maryland Journal of International Law

No abstract provided.

Compensation And Reward For Saving Life At Sea, Steven F. Friedell

Michigan Law Review

This Article explores the life salvage rules under the general maritime law and under the 1912 life salvage statute. Surprisingly, some life salvors had greater rights under the general maritime law than they have under cases construing the statute. This Article suggests that courts have given insufficient attention to the purposes of the Brussels Salvage Convention of 1910, which inspired the 1912 statute, and that American courts should .remain free to recognize all rights that life salvors possessed before the Brussels Convention.

This Article then considers whether American courts should further expand the rights of life salvors by awarding life …

Maritime Attachment And Arrest: Facing A Jurisdictional And Procedural Due Process Attack

Washington and Lee Law Review

No abstract provided.

Pleasure Boat Torts In Admiralty Jurisdiction: Satisfying The Maritime Nexus Standard

Washington and Lee Law Review

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.

New Guidelines For Admiralty Tort Jurisdiction, Thomas L. Pytynia

Indiana Law Journal

No abstract provided.

Book Review. Code Maritime Polonais (French Transl.) And The Merchant Shipping Code Of The U.S.S.R., A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

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).

Shipping Regulation And The Federal Maritime Commission, Pt. Ii, James S. Gordon

Articles by Maurer Faculty

No abstract provided.

Shipping Regulation And The Federal Maritime Commission, Pt. I, James S. Gordon

Articles by Maurer Faculty

No abstract provided.

Tugs, Stevedores, And The Warranty Of Workmanlike Performance, David G. Davies

Indiana Law Journal

No abstract provided.

Should A Vessel Be Faulted For Failing To Carry Radar?

Indiana Law Journal

No abstract provided.

Maritime Contiguous Zones, Lloyd C. Fell

Michigan Law Review

During the past two centuries, various states which had previously limited their claims of full sovereignty to narrow marginal seas have also asserted special types of jurisdiction over high seas zones outside what they claimed (or what others accepted) as territorial waters. This comment deals with such claims to contiguous zones of the high seas over which the littoral state asserts authority: which may affect the interests of other states.

Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.

Michigan Law Review

It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …

Admiralty - Wrongful Death Statutes - Use Of State Law, Louis Frey

Michigan Law Review

Petitioner's decedent, a carpenter, was employed by a contractor hired to repair the Bonneville Dam, which is owned and operated by the United States. During the course of his employment, decedent was drowned when the boat he was in capsized in the water below the dam. Petitioner sued the United States in federal district court under the Federal Tort Claims Act, alleging that the accident was caused by the negligence of employees of the United States who were operating the dam. The claim was based on the Oregon Wrongful Death Statute and on the Oregon Employer's Liability Law, which, in …

Admiralty - Constitutional Law - Effect Of State Regulation Of Marine Insurance On Uniformity Of Maritime Law, Charles G. Williamson, Jr. S.Ed.

Michigan Law Review

Petitioner's houseboat, used to transport passengers commercially on a lake between Texas and Oklahoma, was insured against fire and other loss by respondent. Following destruction of the boat by fire, respondent denied liability because of breaches of policy warranties against assignment, pledging, transferring, and use for hire. The petitioner's action was brought in the state court and removed to a federal court because of diversity of citizenship. Texas statutes provide that breaches of policy provisions by the insured are no defense unless the breach contributes to the loss, and that provisions in policies against pledging are invalid. Petitioner contended that …

Admiralty - Warranty Of Seaworthiness - Extension To Injury Caused By Appliance Not In Control Of Shipowner, George S. Flint S.Ed.

Michigan Law Review

Libellant, a longshore foreman for a stevedoring company loading petitioner's ship, was injured when a snatch block broke, causing some loading gear to fall upon his leg. Conflicting evidence in the lower court was resolved by the trial judge, who found that the snatch block was supplied by the stevedoring company. On the basis of this finding, the trial court held that neither the ship nor its appliances were unseaworthy, and that libellant could not recover against the shipowner. The court of appeals reversed and remanded the cause for determination of damages. On certiorari to the Supreme Court, held, …

A Selection Of Cases And Other Authorities On The Law Of Admiralty, Pt.1: The Jurisdiction Of Admiralty Courts, Edwin D. Dickinson

Books

“The following collection of cases and other authorities on the Law of Admiralty requires prefatory comment in at least two particulars.

In the first place, the collection is incomplete. It has been necessary to keep within rather definite limits of space. Within those limits it has seemed better to develop selected topics somewhat fully, leaving out others altogether, rather than to spread the collection out over as much of the field as one would like to include….

In the second place, the collection is tentative. There are no footnotes and such materials as are usually thus included must be supplied …

A Selection Of Cases And Other Authorities On The Law Of Admiralty, Pt.2: The Maritime Law, Edwin D. Dickinson

Books

“The following collection of cases and other authorities on the Law of Admiralty requires prefatory comment in at least two particulars.

In the first place, the collection is incomplete. It has been necessary to keep within rather definite limits of space. Within those limits it has seemed better to develop selected topics somewhat fully, leaving out others altogether, rather than to spread the collection out over as much of the field as one would like to include….

In the second place, the collection is tentative. There are no footnotes and such materials as are usually thus included must be supplied …

A Selection Of Cases And Other Authorities On The Law Of Admiralty, Pt.3: The Reception And Modification Of Maritime Law, Edwin D. Dickinson

Books

“The following collection of cases and other authorities on the Law of Admiralty requires prefatory comment in at least two particulars.

In the first place, the collection is incomplete. It has been necessary to keep within rather definite limits of space. Within those limits it has seemed better to develop selected topics somewhat fully, leaving out others altogether, rather than to spread the collection out over as much of the field as one would like to include….

In the second place, the collection is tentative. There are no footnotes and such materials as are usually thus included must be supplied …

Note And Comment, George E. Longstaff, George L. Clark, Edwin D. Dickinson

Michigan Law Review

Constitutionality of the LA Follette Amendment to the Internal Revenue Law of 1921 - The United States Senate on November 5, 1921, inserted in the Revenue Act, then before the Senate, a provision that taxpayers in their income tax returns must specify what state and municipal bonds they hold, or else be subject to a penalty of five per cent. That provision was dropped out in conference, but it will come up again, and it is well to look at its constitutionality under the Fourth Amendment to the Constitution prohibiting unreasonable searches.

Requisitioned And The Government-Owned Ship, J. Whitla Stinson

Michigan Law Review

Jurisdiction over requisitioned and government-owned merchantmen and their liabilities under maritime laws are questions which present no real novelty. They were regarded by the ancient sea-law and were as familiar to it as they have recently become,-on account of the exigencies of the late war, to the admiralty systems of to-day. The maritime law of Rome supplies modem cases with the most cogent parallels and is reflected today in the jurisprudence of France and other continental and Latin countries. The jurisdictional question which figures most prominently in these cases relates to the authority to arrest or libel the property of …

Book Reviews, G L. Canfield

Michigan Law Review

Handbook of Admiralty Law. By Robert It. Hughes, M.A., LL.D., of the Norfolk (Va.) Bar. Second Edition. St. Paul, Minn.: West Publishing Co., 1920. Pp. xviii, 572.

Book Reviews, Edwin D. Dickinson

Michigan Law Review

Part I of Mr. Ogilvie's book is entitled, "The Evolution of the Principle" and is intended to serve as an introduction to the subject of internatitonal rights on inland navigable waterways. Systematic treatment of the subject is reserved for a later volume. Assuming that free navigation on inland waterways is the natural sequence of freedom on the seas, the author sketches briefly the growth of maritime enterprise, the early development of maritime law, the history of maritime discovery, and the triumph after long controversy of the freedom of the seas- One short chapter is devoted to freedom of navigation on …

State Legislation Extending To Navigable Waters, Ralph W. Aigler

Articles

In Southern Pacific Company v. Jensen, 37 Sup. Ct. -, decided May 21, 1917, the Supreme Court announces a decision in some respects of far reaching importance. It was held therein, Mr. Justice HOLMEs dissenting, that the WORKMEN'S COMPENSATION ACT of the State of New York did not support an award to the widow and children of a workman killed on board a ship of the Company while at the pier in New York City. Clearly the terms of the New York act covered the case, unless the fact that the accident occurred on navigable waters of the United States …

State Legislation Extending To Navigable Waters, Ralph W. Aigler

Articles

In Southern Pacific Company v. Jensen, 37 Sup. Ct. -, decided May 21, 1917, the Supreme Court announces a decision in some respects of far reaching importance. It was held therein, Mr. Justice HOLMEs dissenting, that the WORKMEN'S COMPENSATION ACT of the State of New York did not support an award to the widow and children of a workman killed on board a ship of the Company while at the pier in New York City. Clearly the terms of the New York act covered the case, unless the fact that the accident occurred on navigable waters of the United States …