Admiralty Commons^™

Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman

Michigan Law Review

This Note develops a simple set of principles useful for defining navigable waters in a contemporary context. Part I considers why federal admiralty jurisdiction exists, and traces the evolution of the phrase navigable waters as a term of art. Part II analyzes the conflicting contemporary definitions of navigable waters. Part III resolves the conflict by proposing guidelines that address the major concerns of all competing definitions. The system advocated is consistent with the goals of admiralty, constitutionally sound, easy to apply, and focuses attention on the nexus test to resolve the issue of whether particular cases "belong" in admiralty.

Director, Office Of Workers' Compensation Programs V. Perini North River Associates: Judicial Dilution Of The Longshoremen's And Harbor Workers' Compensation Act's 'Status' Requirement, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

In Director, Office of Workers' Compensation Programs v. Perini North River Associates, the Supreme Court effectively deleted from the LHWCA the section 2(3) "status" requirement as it pertains to workers injured on actual navigable waters of the United States. The Court's generous view of the 1972 amendments will clearly result in more workers being able to recover benefits under the Act. At the same time, however, the Court's means of expanding the Act without relying on clear congressional intent disturbs traditional notions of judicial review and implies an attempt at judicial legislation.

Although the Court noted that it intended to …

Before And After United States V. Reliable Transfer: An Analysis Of Maritime Collision Law, Irene Johnson Barnes

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.

Admiralty - Uniformity Rule, William C. Whitehead

Michigan Law Review

From the words of the Federal Constitution the federal courts have spelled out the rule that maritime matters shall be governed by a uniform set of laws. These laws consist of the general maritime law at the adoption of the Constitution plus regulations subsequently promulgated by Congress. The decisions which have outlined the "uniformity rule" have concerned themselves with admiralty's interrelationship with interstate commerce. A recent application of the rule suggests another problem which uniformity is designed to circumvent--the difficulty of enforcing local rules against subjects on navigable waters. The federal courts have not always been precise in their application …

Admiralty-Jurisdiction-Workmen's Compensation

Michigan Law Review

The question of what remedies should be available to maritime workers for injuries in the course of their employment has received much attention from the courts during the last fifteen years. This has resulted in some conflicts of the federal maritime jurisdiction with the jurisdiction of the states, and particularly' with the workmen's compensation acts enacted by them. The history of this situation was reviewed in 27 MICH. L. Rev. 191, December, 1928, in a note by G [errit] D [emmink]. In view of three decisions rendered last spring by the United States Supreme Court, it has seemed well to …

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 …

Admiralty Jurisdiction And State Waters, John B. Waite

Articles

The case of Ex parte Boyer1 closes with the statement that it "does not raise the question whether the admiralty jurisdiction of the district court extends to waters wholly within the body of a state, and from which vessels cannot so pass as to carry on commerce between places in such state and places in another state or in a foreign country; and no opinion is intended to be intimated as to jurisdiction in such a case." Nor does any other case appear directly to intimate such an opinion, unless it be that of Stapp v. Clyde2 wherein a state …

Public Regulation Of Water Power In The United States And Europe, John A. Fairlie

Michigan Law Review

The law of water rights in the United States has been for the most part regulated by the several states, subject, however, to the power of Congress to regulate interstate and foreign commerce, (which includes the control of navigation and of navigable streams in the interest of commerce) and to the control of the United States over waters on public lands and rivers on the international boundaries. The laws of the several states show considerable variation; but in respect to the use of water power, they have until within a few years been based mainly on the protection of private …