Admiralty Commons^™

Recommendations For Improved Implementation Of Port State Control In Nigeria, Akilu Wase Abdu

World Maritime University Dissertations

No abstract provided.

Collisions : A Legal Analysis, Kerry-Ann N. Mckoy

World Maritime University Dissertations

No abstract provided.

The Potential Impact Of The Ism Code On Ship Owner's Liability For Maritime Claims, Zhou Shen

World Maritime University Dissertations

No abstract provided.

Historic Salvage And The Law Of The Sea, David J. Bederman

University of Miami Inter-American Law Review

No abstract provided.

From Odysseus To Capgras: Seven Episodes Of Personal Identity In Law, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

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 …

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Ii), Craig H. Allen

Articles

No abstract provided.

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part I), Craig H. Allen

Articles

In examining federalism issues relevant to merchant vessels, this article will distinguish between those laws and regulations governing liability for harm and those which regulate safety. Federalism questions arise most frequently in the former, private, maritime law domain, when courts are called upon to determine judicial jurisdiction and the extent to which state law may be applied to adjudicate liability and damages in cases falling within the admiralty and maritime jurisdiction. Less frequently, the federalism debate focuses on public maritime law, when states seek to regulate commercial vessel safety or vessel-source pollution.

This article will begin with an examination of …

Admiralty, Thomas S. Rue

Mercer Law Review

The Court of Appeals for the Eleventh Circuit decided fourteen admiralty cases with written opinions in 1996. Four of the decided cases involved issues of first impression. Of the cases involving issues of first impression, one considered the tension between a shipowner's right to a nonjury trial in admiralty of its right to limitation of liability and the damage claimants' right to a jury trial in a forum of their choice. In that case, the Eleventh Circuit allowed a multiple-claims-inadequatefund case to be transformed into the functional equivalent of a single claim case, thereby creating another exception to the shipowner's …

Is Sky Reefer In Jeopardy? The Mla's Proposed Changes To Maritime Foreign Arbitration Clauses, Soo Sandra Jin Lee

Washington Law Review

After almost sixty years of change in the international commercial arena, the United States needs to revise its maritime law to reflect international practice. Recently, the U.S. Supreme Court, in Vimar Seguros y Reaseguros, S.A. v. MIV Sky Reefer, held that foreign arbitration clauses in maritime bills of lading will be enforced. In an attempt to reverse this decision, the Maritime Law Association included in its proposal to revise the Carriage of the Goods by Sea Act a clause that specifically denies the enforcement of foreign arbitration clauses. This Comment argues that Congress should not adopt the proposed revision …

Yamaha Motor Corp. V. Calhoun: An Examination Of Jurisidiction, Choice-Of-Laws, And Federal Interests In Maritme Law, B.J. Haeck

Washington Law Review

In Yamaha Motor Corp. v. Calhoun, the U.S. Supreme Court determined that state remedies were still available for non-seamen killed inside of a state's three-mile territorial sea, despite the existence of a general maritime remedy at federal law. This Note argues that the Court failed to consider its traditional tests when confronted with this choice between state and federal maritime law. In so doing, it erred in finding that state law was applicable. The Court's decision also created a conflict between the traditional standard of significant federal interest required in order to confer federal admiralty jurisdiction to tort plaintiffs …

The Disregarded Common Parentage Of The Equal Footing And Public Trust Doctrines, James R. Rasband

Faculty Scholarship

No abstract provided.

Admiralty, Thomas S. Rue

Mercer Law Review

The Court of Appeals for the Eleventh Circuit decided eight admiralty cases with written opinions in 1995. Five of the decided cases involved issues of first impression. One case considered whether appellate review may be exercised over a stay order favoring arbitration after the stayed action is dismissed for failure to arbitrate as ordered. Two cargo cases dealt with issues of first impression. One case involved two issues of first impression: whether the carrier's failure to deliver the goods on a sight draft basis constituted a misdelivery and whether a misdelivery amounted to a deviation causing the loss of the …

Maritime Legal Scholarship By Women: A Bibliography, Robert M. Jarvis

Journal of Maritime Law and Commerce

No abstract provided.

Book Reviews

Journal of Maritime Law and Commerce

No abstract provided.

Review Of Robert M. Jarvis (Ed.), An Admiralty Law Anthology, John Paul Jones

Law Faculty Publications

No abstract provided.

Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville

LLM Theses and Essays

International maritime transport is an important means of transport in international trade. The vessels used in international maritime transport face unique dangers which necessitate maritime law that addresses the perils associated with maritime transport. Maritime law concerns many jurisdictions, which creates a special interest for the study of conflict of laws. There are private international maritime laws in addition to multilateral treaties. This paper analyzes the international approach that the United States takes in maritime conflict of laws, and compares it with the Venezuelan system of private international law. Venezuela is a civil law country with old maritime legislation which …

Admiralty, Thomas S. Rue

Mercer Law Review

The Court of Appeals for the Eleventh Circuit decided nine admiralty cases with written opinions in 1994. In one case the court faced for the first time the issue of whether a vessel on dry dock was on land or water for purposes of admiralty jurisdiction. In another case the court interpreted, for the first time, a statute concerning marine sanctuaries. The other seven cases did not change the law as it exists in this circuit. This was the case despite a factually attractive opportunity to relax the court's requirement that a shipper literally comply with the procedures set forth …

Strict Compliance With Marine Insurance Contracts: Conflicting Rules In The Ninth Circuit, Rhea D. Pappas-Ward

Washington Law Review

Under the federal admiralty "strict compliance rule," a policy of marine insurance is voided by an insured vessel owner's failure to comply with express policy terms or "warranties." Although recognized and applied by a majority of the federal circuits, the strict compliance rule has been improperly ignored by a handful of district courts within the Ninth Circuit. Instead, by misapplying the holding of Wilburn Boat v. Fireman's Fund Insurance Co., a 1955 Supreme Court case, and by ignoring the Ninth Circuit's interpretation of Wilburn Boat in Bohemia, Inc. v. Home Insurance Co., these district courts have turned to …

Liability Issues In The Development Of Electronic Chart Display Information Systems, Daniel R. Martin

Marine Affairs Theses and Major Papers

The Electronic Chart Display Information System (ECDIS) is a new and evolving aid to navigation. Proponents claim ECDIS will help navigators to synthesize previously disparate information and result in safer navigation. The technology to implement ECDIS already exists; the major hurdle the maritime community faces is the legal uncertainties associated with ECDIS. This paper investigates the potential legal impact ECDIS would have on the government, shipowners, mariners, and manufacturers, and evaluates current international efforts to promote ECDIS. Through a detailed analysis of admiralty and aeronautical case history, it is evident that; 1) generation of electronic nautical charts can post a …

The Admiralty Court In Colonial Nova Scotia, Arthur J. Stone

Dalhousie Law Journal

The establishment of the "Admiralty Court", which was formally known as the Nova Scotia Court of Vice-Admiralty, had preceded Cornwallis's arrival by several years. In the late summer of 1720, when Richard Philipps was both Governor and Vice-Admiral at Nova Scotia's old royal capital of Annapolis, Daniel Henry was appointed as Judge, Arthur Savage as Register and Cypryan Southack as Marshal in vice-admiralty. Less than a decade later, during the winter of 1729, the principal offices of a court of vice-admiralty went to John Bradstreet as Judge, Erasmus James Philipps as Advocate General, James Gibson as Register and Archibald Rennie …

Taking Daubert’S “Focus” Seriously: The Methodology/Conclusion Distinction, Kenneth J. Chesebro

Cardozo Law Review

Last June's United States Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., rejected the Frye "general acceptance" test for scientific evidence, and went on to make "some general observations" about proper admissibility analysis under Federal Rule of Evidence 702. Daubert was the Court's first decision squarely addressing the expert testimony provisions of the Federal Rules of Evidence, and United States Law Week called Daubert "probably the most important procedural case of the term."

Forthwith Service, Rule 4(M) And The Maritime Waiver Of Sovereign Immunity, James David Phipps

Brigham Young University Journal of Public Law

No abstract provided.

The United States Coast Guard's Law Enforcement Authority Under 14 U.S.C. § 89: Smugglers' Blues Or Boaters' Nightmare?, Greg Shelton

William & Mary Law Review

No abstract provided.

The Administrative Claim Prerequisite To Suit Against The United States Under The Admiralty Jurisdiction Extension Act, Craig H. Allen

Articles

The Admiralty Jurisdiction Extension Act (AJEA) confers federal admiralty jurisdiction over all causes of action for vessel-caused damage done or consummated on land. In extending admiralty jurisdiction to land-based damage, the Act not only opened admiralty courts to a new class of litigants, it also enlarged the range of possible claims which could be brought against the United States under the Suits in Admiralty Act (SAA) or the Public Vessels Act (PVA). At the same time, however, an important prerequisite to suit against the government was incorporated into the AJEA that is absent from the SAA or PVA: where an …

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.

The Abandoned Shipwreck Act Of 1987: Finding The Proper Ballast For The States, Timothy T. Stevens

Villanova Law Review (1956 - )

No abstract provided.

Admiralty, Roy E. Paul, Grace W. Shelton

Mercer Law Review

The Mercer Law Review last surveyed admiralty in its 1990 summer edition. Consistent with the last five articles on this topic, this survey does not attempt to include all opinions that touch on admiralty and maritime practice. Instead, this survey will focus on significant decisions that reflect some real change in, or explication of, existing law in certain specific categories. The present survey begins with cases dealing with issues of maritime jurisdiction and procedure. The Article then turns to recent developments relating to the Carriage of Goods by Sea Act ("COGSA") and to personal injury actions. The Article next addresses …

Protecting The Marine Environment From Vessel Source Pollution: Unclos Iii And Beyond, Daniel M. Bodansky

Scholarly Works

The vessel-source pollution provisions of UNCLOS III have become the reference point for virtually all discussions of marine environmental jurisdiction and, although the Convention is not yet in force, have arguably become norms of customary international law. Moreover, these environmental provisions are likely to come under increased scrutiny and assume even greater importance should the disputes over the seabed mining provisions of the Convention be resolved. Thus far, these disputes have stood in the way of ratification by many advanced industrialized countries, including the United States. The U.S. Congress recently rejected several international conventions dealing with oil spills on the …

Bill Of Lading Under Charter Parties, Mammen G. Kannanthanam

LLM Theses and Essays

This LL.M. thesis examines the legal relationship between bills of lading and charterparties under United States maritime law.   It begins with an overview of the history of maritime law and common legal documents governing maritime transportation, then traces the development of admiralty jurisprudence from early commercial codes through modern federal statutes, including the Harter Act, the Pomerene Act, and the Carriage of Goods by Sea Act (COGSA).   The work analyzes which document controls contracts of affreightment when the bill of lading is held by the charterer, a sub-charterer, a shipper other than the charterer, or a third-party consignee, and examines …