Admiralty Commons^™

Priority Of Maritime Liens In The Western Hemisphere: How Secure Is Your Claim?, Ivon D'Almeida Pires-Filho

University of Miami Inter-American Law Review

No abstract provided.

Cannibalism And The Common Law: The Story Of The Tragic Last Voyage Of The Mignonette And The Strange Legal Proceedings To Which It Gave Rise, Michigan Law Review

Michigan Law Review

A Review of Cannibalism and the Common Law: The Story of the Tragic Last Voyage of the Mignonette and the Strange Legal Proceedings to Which it Gave Rise by A.W. Brian Simpson

Sexual Equality Before The Silver Oar: Lifting The Fog On Women, Ships, And The Law Of Admiralty, Robert M. Jarvis

Cardozo Law Review

No abstract provided.

Tacking A True Course For Maritime Liens On Freight, Uriel P. Bauer

Cardozo Law Review

No abstract provided.

United States V. Louisiana, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Maine, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Crime At Sea: Admiralty Sessions And The Background To Later Colonial Jurisdiction, M. J. Prichard

Dalhousie Law Journal

The conference program describes the legal history of Nova Scotia as terra incognita. Whether this is so for the province's own inhabitants is not a question that someone from the other side of the Atlantic should presume to judge, since ignorance there is not limited to the legal history of Nova Scotia but extends to colonial legal history generally. We have, I fear, been intimidated by the task, and we have tended to leave each erstwhile colony to trace its own legal history. I comfort myself, therefore, with the thought that any transatlantic contribution is likely to be a modest …

Ii. Admiralty

Washington and Lee Law Review

No abstract provided.

Chartering Recreational Boats In The United States: A Compilation And Analysis Of Applicable Federal Maritime Law, Mary Nathalie Peter

Marine Affairs Theses and Major Papers

No single primary source exists to provide current and would-be participants in recreational charter boat operations in the United States with a basic legal understanding of their rights and obligations. The relevant federal maritime standards, laws, regulations, and judicial interpretations are scattered in isolated codebooks, reporters, and bulletins. Moreover, the governing body of law for boat chartering is admiralty law, which has been shaped throughout the centuries primarily by the traditions and dictates of the commercial shipping and shipbuilding industries. As a result, the logic behind the admiralty framework tends to be obscure when viewed in the context of a …

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 …

Regulatory Reform In The Ocean Shipping Industry: An Extraordinary U.S. Commitment To Cartels, George E. Garvey

Scholarly Articles

This article explores the historical basis for and nature of the existing regulatory model for the U.S. shipping industry, the reasons suggested for the changes under consideration, and the possible impact of the proposed changes. The article concludes that the primary justifications for continued regulation of ocean shipping are flawed and thus require more serious consideration than is likely to occur through the legislative hearing process. Alternatively, if the changes are imperative politically, the facts suggest efficient U.S. liner companies are likely to thrive in a more competitive regime. More radical deregulation than Congress has considered seriously, therefore, might be …

The Seas And International Law: Rules And Rulers, Mark Weston Janis

Faculty Articles and Papers

The recent developments in the law of the sea form only one chapter of a larger story which deals with the development of international law in general. This larger story has to do with the ways in which the rules of international law are perceived and how it is believed the world should be governed. This Article examines the tale of the law of the sea in the 1970's and 1980's in an historical perspective. It is especially important for Americans to remember the record of history. This is so not only because the United States is one of the …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

THE UNITED STATES MAY EXERCISE JURISDICTION OVER PERSONSON A "STATELESS" VESSEL WITHOUT SHOWING A NEXUS BETWEEN THE VESSEL AND THE UNITED STATES--United States v. Pinto-Mejia, 720 F.2d 248 (2d Cir. 1983).

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ALIEN RETAINS RIGHT TO DEPORTATION PROCEEDING AFTER RETURNING FROM AUTHORIZED DEPARTURE NOTWITHSTANDING THAT IMMIGRATION AND NATURALIZATION SERVICE PERMISSION TO DEPART WAS STYLED AS AN "ADVANCE PAROLE"--Joshi v. District Director, Immigration and Naturalization Serv., 720 F.2d 799 (1983).

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NO VIOLATION OF INTERNATIONAL LAW WHEN EQUIPMENT LOCATED IN UNITED STATES RECORDS TRANSNATIONAL TELECOMMUNICATIONS--United States v. Romano, 706 F.2d 370 (2d Cir. 1983).

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UNITED STATES MANUFACTURERS HAVE A CAUSE …

Foremost Insurance Co. V. Richardson: If This Is Water, It Must Be Admiralty, Phyllis D. Camilla, Michael P. Drzal

Washington Law Review

This article will examine the two decisional approaches that the Richardson Court considered in support of the proposition that admiralty jurisdiction should not apply to the facts of the case before it, and will explore the shortcomings of each in an attempt to understand why the majority ultimately felt compelled to reject both. The article will then focus on the five specific arguments thought to mandate that rejection, demonstrating that the conclusion the Court reached is not logically supportable. Finally, a new approach to the issue will be forwarded, one that provides the basis for a more rational approach to …

The History Of Shipping Law In Canada: The British Dominance, Theodore L. Mcdorman

Dalhousie Law Journal

In many areas of Canadian law, the British influence has been pervasive, but in no area has it been more so than in merchant shipping law. Great Britain have long been a seafaring nation and British prosperity and pride have long rested on maritime achievements. Great Britain controlled almost all aspects of colonial merchant shipping, and thus prevented the development of an autonomous Canadian foundation in maritime law. The British influence over Canadian merchant shipping legislation remained pervasive after Confederation and contributed to the failure of Canada to develop a merchant marine, despite Canada being one of the major users …

Ii. Admiralty

Washington and Lee Law Review

No abstract provided.

Equity And Admiralty: A Turbulent Path To Manifest Destiny, George P. Smith Ii

Scholarly Articles

This article will survey pre- and post-unification judicial decisions on the breadth of equitable powers available to courts in admiralty. By so doing, it will attempt to glean an understanding of those areas perceived to be problem areas and assess the continued viability and desirability of the restrictions on admiralty courts. The article first explores the historical origins of the restrictions under the English and early American legal systems." The article proceeds to describe the judicial developments during the 20th century which have helped to perpetuate the distinctions between equity and admiralty under the guise of the "Schoenamsgruber Doctrine." Finally, …

The Contours Of Extraterritorial Jurisdiction In Drug Smuggling Cases, Stephen E. Chelberg

Michigan Journal of International Law

This note examines the contours of U.S. jurisdiction over drug smugglers on the high seas. After a brief discussion of the two principal U.S. drug statutes, the note considers the territorial and protective principles of jurisdiction as defined by U.S. courts. Controversy currently centers around whether U.S. drug laws apply to foreign ships, carrying controlled substances on the high seas, where there has been no showing of an intent to import the drugs into the United States.

Salvage And The Public Interest, Steven F. Friedell

Cardozo Law Review

No abstract provided.

Admiralty Tort Jurisdiction—Traditional Maritime Activity Explained: Commercial Use Of Vessel Unnecessary To Invoke Jurisdiction, La Quita Kenner Saunders

University of Arkansas at Little Rock Law Review

No abstract provided.

Ii. Admiralty

Washington and Lee Law Review

No abstract provided.

Reconciling Maritime Liens And The Limitation Of Liability Act, David G. Carlson

Cardozo Law Review

No abstract provided.

Admiralty Arrest Procedures Fail The Due Process Test: Alyeska Pipeline Service Company V. Vessel Bay Ridge, Lance B. Nelson

Seattle University Law Review

The maritime lien plays an important role in facilitating the smooth operation of maritime commerce. Suppliers and others who do business with vessels are more likely to extend credit to even a strange or foreign ship because the remedy of a maritime lien is available. Without the lien the vessel would no longer serve as security for any contractual or tort liability she might incur and some other form of security would be required prior to dealing with the vessel. Arranging for letters of credit or similar security could prove costly and in some instances delay the vessel. Moreover, the …

Northern Pipeline Construction Co. V. Marathon Pipe Line Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Admiralty, David F. Sipple

Mercer Law Review

During this survey period, the Fifth Circuit interpreted important principles of maritime law. The circuit continued to remain active in the controversial and very fluid area of the maritime law relating to damages available to wrongful death beneficiaries. The appeals court answered a question left open in the en banc opinion in Ivy v. Security Barge Lines, Inc., by subsequently holding that, when a seaman's death in state territorial waters is caused by unseaworthiness, the survivors of the seaman may recover damages for loss of society under the general maritime law in addition to any recovery available under the …

A Well-Plead Complaint - The Key To Recovery Of Economic Damages For Delay In Admiralty, Chuck Talley

Florida State University Law Review

No abstract provided.

Ii. Admiralty

Washington and Lee Law Review

No abstract provided.

Coast Guard Nighttime Boardings And The Fourth Amendment: United States V. Piner, D. Gary Beck

BYU Law Review

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.