Admiralty Commons^™

Comments On The Bremen V. Zapata Off-Shore Co., Journal Staff

Vanderbilt Journal of Transnational Law

The Bremen v. Zapata Off-Shore Co., by bringing domestic law more into harmony with international custom and comparative practice, represents a step in the development of uniformity in transnational law. For this reason the Journal invited the following comments. Professors Charles L. Black, Jr., Robert Leflar and Harold G. Maier explore various aspects of this highly significant case.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ADMINISTRATIVE

NON-VESSEL-OPERATING COMMON CARRIERS HAVE BURDEN OF PROOF TO JUSTIFY THE REASONABLENESS OF PROPOSED RATE INCREASE IN A FEDERAL MARITIME COMMISSION PROCEEDING

2. ADMIRALTY

COMPARATIVE NEGLIGENCE STANDARD APPLICABLE TO THE CANAL ZONE COMPANY DOES NOT SUPERSEDE THE RULE OF DIVIDED DAMAGES BETWEEN VESSELS

FAILURE TO OBEY COMMANDS OF SHIP MASTER BECAUSE OF VOLUNTARY INTOXICATION CONSTITUTES WILLFUL DISOBEDIENCE

PREJUDGMENT INTEREST FROM DATE OF JUDICIAL DEMAND IS PROPER WHEN ORIGINAL ACTION AT LAW Is CHANGED TO ADMIRALTY BY WITHDRAWAL OF JURY DEMAND

THE PERSONAL REPRESENTATIVE ALONE HAS STANDING TO BRING A WRONGFUL DEATH ACTION IN GENERAL MARITIME LAW

PERMITTING …

Recent Decisions, Ronald L. Smallwood, Arden J. Lea, William R. Lauer, John R. Meldorf, Annette Adams, Randolph R. Slaton

Vanderbilt Journal of Transnational Law

ADMIRALTY--FLORIDA OIL POLLUTION ACT--STATE OIL POLLUTION REGULATION OF MARITIME Activities Is PERMISSIBLE SO LONG AS THERE Is No FATAL CONFLICT BETWEEN THE STATE LEGISLATION AND FEDERAL MARITIME REGULATORY SCHEMES

Ronald L. Smallwood

=====================

ADMIRALTY--JONES ACT--SHIPOWNER Is NOT A PROPER DEFENDANT IN A SUIT UNDER THE JONES ACT BROUGHT BY EMPLOYEE OF A CONCESSIONAIRE

Arden J. Lea

================

ANTITRUST--IMPORT RESTRICTIONS--DIVESTITURE ORDERED TO RESTORE COMPETITION FOLLOWING FINDING OF VIOLATION OF SECTION 7 OF THE CLAYTON ACT MAY BE ACCOMPANIED BY IMPORT RESTRICTIONS WITHOUT BREACH OF GERMAN/AMERICAN TREATY OR GATT PROVISIONS

William R. Lauer

=================

FOREIGN RELATIONS LAW--STANDING TO SUE--WEIMAR ART COLLECTION DENIED …

New Guidelines For Admiralty Tort Jurisdiction, Thomas L. Pytynia

Indiana Law Journal

No abstract provided.

Admiralty--Torts--Recovery Permitted For Mental Suffering Of Surviving Spouse In Death Action Under General Maritime Law--In Re Sincere Navigation Corp., Michigan Law Review

Michigan Law Review

A recent federal district court decision, In re Sincere Navigation Corp. allowed recovery for the emotional distress of the spouse and the children of a seaman killed in a collision on the Mississippi River ·within the territorial waters of Louisiana. The action for ·wrongful death was brought under general maritime law through a new federal remedy first announced in Moragne v. States Marine Lines, lnc. Moragne did not specifically enumerate the elements of damage for which recovery would be allowed; instead it left the question open for consideration in later decisions. Whether any recovery was permitted under general maritime law …

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.

Recent Decisions, Arthur R. Louv, Mark R. Von Sternberg, Jesse W. Hill, Glen T. Oxton

Vanderbilt Journal of Transnational Law

ADMIRALTY--DAMAGES--AWARD ALLOWED FOR EMOTIONAL DISTRESS OF SURVIVING SPOUSES AND CHILDREN, OR PARENTS, UNDER GENERAL MARITIME LAW

==================

ANTITRUST--EXTRATERRITORIAL JURISDICTION--EFFORTS TO SECURE ACTION BY A FOREIGN STATE CONDUCIVE TO MONOPOLIZATION NOT PRIVILEGED; ACT OF STATE DOCTRINE BARS ANTITRUST CLAIM ARISING FROM ACTS OF A FOREIGN SOVEREIGN ALLEGEDLY INDUCED BY DEFENDANT

=================

CONSTITUTIONAL LAW--CITIZENSHIP--FIVE YEAR STATUTORY RESIDENCE REQUIREMENT AS A CONDITION SUBSEQUENT TO RETENTION OF CITIZENSHIP BY PERSONS BORN ABROAD NOT VIOLATIVE OF FIFTH AMENDMENT DUE PROCESS

========================

PRIVATE INTERNATIONAL LAW--SOVEREIGN IMMUNITY--EXECUTIVE SUGGESTION BINDING ON COURTS DESPITE CONTRACTUAL WAIVER OF IMMUNITY

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

The purpose of the Case Digest is to identify and summarize for the reader those cases that have less significance than those which merit an in-depth analysis. Included in the digest are cases that apply established legal principles without necessarily introducing new ones. This initial digest includes cases reported from January through September,1971. Henceforth, the Winter issue will include cases reported from April through September, and the Spring issue will contain cases reported from October through March. The cases are grouped into topical categories, and references are given for further research. It is hoped that attorneys, judges, teachers and students …

Recent Decisions, Randolph B. Jones, Steven M. Lucas, John D. Arterberry, Clifford Love Iii

Vanderbilt Journal of Transnational Law

ACT OF STATE--HICKENLOOPER AMENDMENT NOT AN EXPANSION OF THE "BERNSTEIN EXCEPTION"

Randolph B. Jones

=================

ADMIRALTY--JURISDICTION--SHIPOWNERS' DUTY OF SEAWORTHINESS DOES NOT EXTEND TO LONGSHOREMAN INJURED ON THE DOCK BY AN INSTRUMENT NOT APPURTENANT TO VESSEL

Steven M. Lucas

===============

ANTITRUST--E.E.C. TREATY--ACQUISITION AND MERGER OF ENTERPRISE BY FIRM HOLDING A DOMINANT POSITION WITHIN COMMON MARKET WITH EFFECT OF ELIMINATING ACTUAL OR POTENTIAL COMPETITION IN A SUBSTANTIAL PART OF THE COMMUNITY VIOLATES ARTICLE 86 OF THE E.E.C. TREATY

John D. Arterberry

================

ANTITRUST--STANDING--FOREIGN NATION HAS STANDING TO SUE FOR TREBLE DAMAGES

Clifford Love III

===================

CONSTITUTIONAL LAW--ALIENS--STATE LAW OF INTESTATE SUCCESSION WHICH …

Recent Treaties And Statutes, Arthur R. Louv, Woodard E. Farmer, Jr., Mark R. Von Sternberg

Vanderbilt Journal of Transnational Law

ADMIRALTY--AMENDMENT TO FEDERAL MARITIME LIEN ACT--CHARTERER CONCLUSIVELY PRESUMED TO AUTHORIZE LIENS FOR NECESSARIES AND REPAIRS

Arthur R. Louv

=======================

TERRITORIAL JURISDICTION--MASSACHUSETTS JUDICIAL EXTENSION ACT--STATE LEGISLATURE EXTENDS JURISDICTION OF STATE COURTS TO 200 MILES AT SEA

Woodard E. Farmer, Jr.

========================

TERRITORIAL JURISDICTION--MINING THE DEEP SEA BED--INTERNATIONAL PROBLEMS AND NATIONAL RESOLUTIONS

Mark R. von Sternberg

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

A FEDERAL COURT Is NOT COMPELLED To ASSERT ITS ADMIRALTY JURISDICTION WHEN THE LITIGANTS HAVE INSUFFICIENT CONTACTS WITH THE UNITED STATES OR WHEN A GOOD FAITH CLAIM FOR EARNED WAGES IS NOT SUPPORTED BY THE EVIDENCE

SHIPOWNER GUILTY OF DERELECTION IN ITS NONDELEGABLE DUTY To FURNISH A SEAWORTHY VESSEL HELD NOT ENTITLED TO INDEMNIFICATION

INJUNCTION FOR THE REMOVAL OF A DAMAGED VESSEL CANNOT BE GRANTED IN A DIRECT ADMIRALTY PROCEEDING FOR THAT PURPOSE

SHIPOWNER'S LIABILITY FOR DAMAGE TO GOODS Is NOT LIMITED UNDER EITHER THE CARRIAGE OF GOODS BY SEA ACT OR THE FIRE STATUTE WHEN OWNER FAILED …

Recent Treaties And Statutes, William H. Schwarzschild, Iii

Vanderbilt Journal of Transnational Law

Admiralty--Longshoremen's and Harbor Workers' Compensation Act Amendments of 1972--Congress Abrogates Doctrine of Seaworthiness for Longshoremen

=================

Space Law--Convention on Liability--Procedure Established to Enforce Liability for Damage Caused by Space Objects

Recent Developments, Stephen W. Ramp, Christopher L. Dutton

Vanderbilt Journal of Transnational Law

Admiralty--The Broadening Scope of Damages Awardable for Wrongful Death in Admiralty

Stephen W. Ramp

=====================

Aliens--State Restrictions on Alien Lawyers

Christopher L. Dutton

Recent Decisions, Robert M. Erickson, Jack F. Stringham, Ii, Alan Marchisotto, James T. Campbell, Ralph C. Oser, David A. Boillot

Vanderbilt Journal of Transnational Law

ACT OF STATE--Act of State Doctrine Not a Bar to Adjudication of a Counterclaim

Robert M. Erickson

==========================

ADMIRALTY--Ship Mortgage Act of 1920--Deficiency Judgment against Mortgagor in Personam Not Precluded by State Law when Vessels were Sold at Public Foreclosure Auction without Prior Appraisal

Jack F. Stringham, II

===========================

ALIENS--Immigration and Naturalization--Restriction of Commuter Aliens' Access to Domestic Employment by Attorney General is Abuse of Discretion

Alan Marchisotto

=================

EXTRADITION--Principle of Specialty--Specialty does not Preclude Prosecution for Similar Offense when Asylum Nation Would Not Consider it a Breach of Faith

Attorney General of the United States, 462 F.2d 475 (2d …

Qui Tam Actions Against Polluters Of Navigable Waters: An Attempted Augmentation Of Refuse Act Enforcement., John C. Cernkovich

St. Mary's Law Journal

Abstract Forthcoming.

Admiralty—Longshoreman’S Personal Injuries—Unaeaworthiness Not Established By Operational Negligence Of Fellow Longshoremen, Mike Place

Buffalo Law Review

Usner v. Luckenbach Overseas Corp., 400 U.S. 494, rehearing denied, 401 U.S. 1015 (1971).

Admiralty - Unseaworthiness - An Isolated Act Of Operational Negligence Does Not Constitute An Unseaworthy Condition And Cannot Render A Ship Instantaneously Unseaworthy, N.R. Powers

Villanova Law Review (1956 - )

No abstract provided.

Admiralty--Choice Of Law--Ship Owner With Substantial Business Contacts In The United States Is An Employer Within Meaning Of Jones Act, Journal Staff

Vanderbilt Journal of Transnational Law

Plaintiff, a Greek seaman, sought relief in federal court under the Jones Act for injuries suffered aboard ship while docked in a United States seaport. Defendants, corporations, controlled by a permanent resident alien of the United States, contended the Court was without jurisdiction since they were not employers within the meaning of the Jones Act and because the contract of employment with plaintiff provided for the application of Greek law. The District Court found for the plaintiff. The Fifth Circuit affirmed.

On certiorari to the United States Supreme Court, held, affirmed. A shipowner with substantial business contacts in the United …

The Term Assailing Thieves In Marine Insurance Policy Provided Coverage For Theft By Force Or Violence Of Personal Property On Vessel, Not Coverage For Theft Of Vessel Itself., George C. Shoemaker

St. Mary's Law Journal

Abstract Forthcoming.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

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.

Provisions Of Jones Act Applicable So As To Allow Recovery To Alien Seamen Injured In A United States Port On A Foreign Flag Vessel Owned And Controlled By United States Alien Domiciliaries., Raul Garcia

St. Mary's Law Journal

Abstract Forthcoming.

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.

Admiralty--Punitive Damages Awarded, P. B. S., J. V. K., W. E. H.

Vanderbilt Journal of Transnational Law

Admiralty--Punitive Damages Awarded under the Jones Act

P.B.S.

Subpoena of Documents Located in Foreign Jurisdictions Where Compliance Subjects Witness to Civil or Criminal Sanctions in Foreign State

J.V.K.

Release of American Serviceman to Foreign Court for Trial is not Violative of Due Process Where Substantial United States Constitutional Guarantees are Provided by Foreign Court

W. E. H.

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 …

Dockside Injuries Under The Longshoremen's And Harbor Worker's Compensation Act, E. D. R., Jr.

Georgia Law Review

Since its enactment in 1927, the Longshoremen's and Harbor Worker's Compensation Act has been the source of much confusion in admiralty law, particularly with respect to admiralty-state jurisdictional conflicts. The Act provides compensation:

"in respect of disability or death of an employee, but only if the dis- ability or death results from an injury occurring upon the navigable waters of the United States (including any dry dock) and if recovery for the disability or death through workman's compensation proceedings may not validly be provided by State law."

Since the purpose of the Act was to cover injuries not compensable under …

The Choice Among State Laws In Maritime Death Cases, David P. Currie

Vanderbilt Law Review

This article is about choice of law, not jurisdiction. Suffice it that the court of appeals was prepared to equate a damp Convair with a Cunarder. It is a very interesting fact that in admirality cases, unlike diversity cases, the governing substantive law, in whatever court, is predominantly federal; the Supreme Court has consistently held that the grant of admiralty jurisdiction to federal courts by the Constitution gives federal judges power to create federal decisional law, although the similarly worded diversity grant does not. If this distinction is justifiable, it must be because of the different purposes the Court has …

Admiralty Tort Jurisdiction - The Last Barrier, Alfred S. Pelaez

Duquesne Law Review

The many advantages the admiralty gives to an injured plaintiff, particularly if he can be brought within the scope of those remedies traditionally reserved to seamen, has long been the envy of lawyers whose shore-bound client's causes are often subjected to a confusing and conflicting array of local laws and procedures. A plaintiff within the admiralty jurisdiction can, for instance, properly commence his action in any district wherein he can obtain service of process upon the defendant or upon the res against which his maritime lien attaches, and need not worry about such nebulous concepts as "doing business." Furthermore, he …