Admiralty Commons^™

An Analysis Of The Implementation And Future Development Of Imo Goal-Based Standards, Peng Yue

World Maritime University Dissertations

No abstract provided.

Limitation Of Liability Of Classification Societies, Young Min

World Maritime University Dissertations

No abstract provided.

Regulating Vessel Traffic Service (Vts) To Mitigate Maritime Accidents At Port Approaches, Abdulhusain Mansoor. Abdulla

World Maritime University Dissertations

No abstract provided.

Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell

Seattle University Law Review

Women have been serving in the military in steadily increasing numbers for decades. Nevertheless, the military remains one of the few areas in which the U.S. government decides what roles are open to women based on de jure exclusions. This Article examines the law governing de jure classification, noting that a mere normative belief about women’s proper place in society is an insufficient basis to justify a sex-based exclusion. It then probes the most common rationale advanced in support of the continued de jure exclusion of women: physical strength. The Article examines four problems with the physical strength rationale: (1) …

Master Mariners And Their Maritime Law: A Book Review, John Paul Jones

Law Faculty Publications

No abstract provided.

How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels

Articles

No abstract provided.

Cleaning Up Punitive Damages: A Statutory Solution For Unguided Punitive-Damages Awards In Maritime Cases, Richard A. Chastain

Vanderbilt Law Review

Intentionally destroying property-boundary markers by sawing down the posts.' Causing environmental disasters. Fraudulently refusing to settle insurance claims within coverage limits. Bad-faith dealing in big oil contracts. Hiding mild weather damage to new vehicles. Creating and marketing cigarettes while knowing about their carcinogenic risks. Contributing to automobile accidents. No, these are not items on some nefarious villain's to-do list. These are all examples of cases where courts have awarded punitive damages against the tortfeasors on top of their compensatory liability. While each tort is unquestionably wrong, some certainly appear more wrong than others.

In recent years, punitive damages have become …

An Empirical Examination Of Universal Jurisdiction For Piracy, Eugene Kontorovich, Steven Art

Faculty Working Papers

This Essay presents the first systematic empirical study of the incidence of universal jurisdiction prosecutions over an international crime. Using data on the number of piracies committed in a twelve year period (1998-2009) obtained from international agencies and maritime industry groups, we determine the percentage of acts of piracy where nations prosecuted under universal jurisdiction we determine the percentage of these cases where nations exercised UJ. Studies of the worldwide use of UJ over other crimes simply count how often UJ has been exercised, but do not attempt to determine the rate of prosecution.

We find that of all clearly …

Book Reviews

Journal of Maritime Law and Commerce

No abstract provided.

Taking Narrow Channel Collision Prevention Seriously To More Effectively Manage Marine Transportation System Risk, Craig H. Allen

Articles

This Article locates the narrow channel rule in the larger context of risk management in confined waters. It begins by examining the risks posed by vessel navigation in narrow channels and fairways in the United States and the risk management measures employed to eliminate or reduce those risks, including the narrow channel rule in the applicable rules of the road. The Article then identifies problems with the existing rule and examines several alternatives to address the problems. The Article concludes that mariners deserve clearer guidance on how to identify the waters where Rule 9 applies than they have so far …

A Conceptual Framework For A Model Maritime Administration : Its Application To Maritime Administration Of Iran, Mandana Mansoorian

World Maritime University Dissertations

No abstract provided.

Tonnage Measurement Of Ships : Historical Evolution, Current Issues And Proposals For The Way Forward, Aji Vasudevan

World Maritime University Dissertations

No abstract provided.

A Sea Of Confusion: The Shipowner's Limitation Of Liability Act As An Independent Basis For Admiralty Jurisdiction, Amie L. Medley

Michigan Law Review

The Shipowner's Limitation of Liability Act of 1851 allowed the owner of a vessel to limit his liability in the case of an accident to the value of the vessel and its cargo if he could show he had no knowledge of or participation in the negligent act that resulted in the loss. In 1911, the Supreme Court decided Richardson v. Harmon, a case which was interpreted for several decades to hold that the Limitation Act formed an independent basis for admiralty jurisdiction. In a 1990 case, the Supreme Court stated in a footnote that it would not reach …

Originalism And The Difficulties Of History In Foreign Affairs, Eugene Kontorovich

Faculty Working Papers

This Article spotlights some of the idiosyncratic features of admiralty law at the time of the founding. These features pose challenges for applying the original understanding of the Constitution to contemporary questions of foreign relations. Federal admiralty courts were unusual creatures by Article III standards. They sat as international tribunals applying international and foreign law, freely hearing cases that implicated sensitive questions of foreign policy, and liberally exercising universal jurisdiction over disputes solely between foreigners. However, these powers did not arise out of the basic features of Article III, but rather from a felt need to opt into the preexisting …

The Sky Has Not Fallen Yet On Punitive Damages In Admiralty Cases, John Paul Jones

Law Faculty Publications

As surely everyone knows, the United States Supreme Court has recently brought the Due Process Clause to bear on awards of punitive damages made pursuant to state law. The law of the land now includes a judicially manageable standard that protects a defendant otherwise liable for punitive damages from awards that are so excessive as to be unfair, that is, arbitrary and capricious. Punitive damages are usually assessed by juries, subject to review by trial and appellate courts. This initiative has sparked considerable controversy, and the exact parameters of the constitutional standard are still far from certain Into this situation …

Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen

Articles

Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime.

There is less agreement, however, in how …

Hiding Behind "Tradition"? Should U.S. Vessel Traffic Centers Exercise Greater Direction And Control Over Vessels In Their Areas?, Craig H. Allen

Articles

In the alermath of the 2007 COSCO BUSAN allision and oil spill, some asked whether United States Coast Guard Vessel Traffic Service (VTS) operators monitoring the developing incident should have intervened explicitly to wam the vessel or even order it to take avoiding action.

The controversy called to mind a speech by a former IMO secretary-general in which he suggested that those resisting greater shore-based control were "hiding behind tradition." In its investigation of the COSCO BUSAN incident, the National Transportation Safety Board (NTSB) urged the Coast Guard to better define its expectations regarding the exercise of VTS control authority …

Maritime Delimitation In The Black Sea (Romania V. Ukraine), Coalter G. Lathrop

Faculty Scholarship

No abstract provided.

A Selective Study On Effectiveness Of The International Legislation On Maritime Secury : Gulf Of Guinea A Case Study, Stanley Chuka Igwe

World Maritime University Dissertations

No abstract provided.

Comparative Assessment Of The Ism Code And The Tanker Management And Self Assessment Impact On The Tanker Industry, Raed Basher Albaseet

World Maritime University Dissertations

No abstract provided.

Effects Of The Isps Code On Ship And Port Security - A Swedish Perspective, Peter Hellberg

World Maritime University Dissertations

No abstract provided.

National Security Vs. Whales: The Navy And The Natural Resources Defense Counsel Battle Their Way To The Supreme Court, Alicia Schaffner

Sea Grant Law Fellow Publications

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Ninth Circuit Grants Partial Reprieve To California Sea Lions, Alicia Schaffner, Stephanie Showalter

Sea Grant Law Fellow Publications

No abstract provided.

Admiralty, Colin A. Mcrae, Jessica L. Mcclellan

Mercer Law Review

The United States Supreme Court and Eleventh Circuit Court of Appeals were busy in 2007 with admiralty cases and other matters of importance to maritime practitioners. The Supreme Court considered two punitive damages cases with maritime implications and reviewed a case under the Federal Employers' Liability Act with potential bearing on Jones Act jurisprudence. The Supreme Court also clarified an important procedural issue concerning the application of the forum non conveniens doctrine, which often arises in maritime cases. The Eleventh Circuit continued its trend of tackling important maritime questions by issuing opinions on (1) the interplay between the Seaman's Wage …

No Sanctions For Vessel Carrying Shark Fins, Alicia Schaffner

Sea Grant Law Fellow Publications

No abstract provided.

Court Denies Regulatory Taking In Designated Port Area, Alicia Schaffner

Sea Grant Law Fellow Publications

No abstract provided.

Beyond The Article I Horizon: Congress’S Enumerated Powers And Universal Jurisdiction Over Drug Crimes, Eugene Kontorovich

Faculty Working Papers

This paper explores the Article I limits faced by Congress in exercising universal jurisdiction (UJ) – that is, regulating extraterritorial conduct by foreigners with no affect on or connection the U.S. While UJ is becoming increasingly popular in Europe for the punishment of human rights offenses, Congress's primary use of UJ today is under the Maritime Drug Law Enforcement Act. This obscure law allows the U.S. to punish for violating U.S. drug laws foreign defendants on foreign vessels in international waters. The MDLEA's UJ provisions raise fundamental questions about the source and extent of Congress's constitutional power to regulate purely …

Places Of Refuge For Ships, John E. Noyes

Faculty Scholarship

This essay first provides an overview of Places of Refuge for Ships, a book that contains essential information and perspectives for lawyers and policy makers. Part III then briefly explores why the issue of places of refuge is daunting. The reasons for the complexity of this issue set the scene for Part IV, which proposes a process-oriented approach to assess and manage risks where vessels in distress seek access to places of refuge.

Court Grants Stay Of Injunction In Navy Sonar Case, Alicia Schaffner

Sea Grant Law Fellow Publications

No abstract provided.

The Role Of Technology In Maritime Security : A Survey Of Its Development, Application, And Adequacy, Bhim S. Kothari

World Maritime University Dissertations

No abstract provided.