Admiralty Commons^™

Marine Cargo Claims, Alastair Bissett-Johnson

Dalhousie Law Journal

In marine matters, Canada is not a maritime but a coastal power. She is also a nation dependent for a livelihood on foreign trade. Translated into terms of admiralty law, Canada's principal interests in ships is not in their ownership but in the cargoes they carry. Accordingly Marine Cargo Claims is a particularly apt title under which Professor Tetley has written a unique Canadian text. His work is also unusual in several useful ways. First, in being directed to the general practitioner, accustomed or not to admiralty affairs but always short of time, it is deliberately organised to facilitate the …

The Ocean Shipping Act Of 1978: New Direction In Maritime Legislation, Steven M. Talson

Maryland Journal of International Law

No abstract provided.

The Long Arm Of Federal Courts: Domesticjurisdiction On The High Seas, Elizabeth P. Devine

Washington and Lee Law Review

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest ================

1. Admiralty

Provisions of Carriage of Goods by Sea Act Incorporated by Reference in Bill of Lading are to be Given Effect Consistent with other Bill of Lading and Tariff Provisions

Voyage Charter Extended to Cover Contract Setting Termination Date in Order to Avoid "Secret" Maritime Liens

2. International Patent Regulation

In a Patentee's Dealing with Licensees, the Policies Underlying the Patent System do not Override those of the Sherman Act

3. Jurisdiction and Procedure

Foreign Sovereign Immunities Act § 1611 operates when Treaty Waiver does not specifically include a Certain Type of Property

Transactions involving Options …

Compensation And Reward For Saving Life At Sea, Steven F. Friedell

Michigan Law Review

This Article explores the life salvage rules under the general maritime law and under the 1912 life salvage statute. Surprisingly, some life salvors had greater rights under the general maritime law than they have under cases construing the statute. This Article suggests that courts have given insufficient attention to the purposes of the Brussels Salvage Convention of 1910, which inspired the 1912 statute, and that American courts should .remain free to recognize all rights that life salvors possessed before the Brussels Convention.

This Article then considers whether American courts should further expand the rights of life salvors by awarding life …

Ii. Admiralty

Washington and Lee Law Review

No abstract provided.

Grand Bahama Petroleum Co., Ltd. V. Canadian Transportation Agencies, Ltd.: Maritime Attachment - Relationship Of New Due Process Requirements To Procedures, Charles A. Meade

Maryland Journal of International Law

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

COURT SITTING IN ADMIRALTY MAY GRANT INJUNCTIVE RELIEF TO PREVENT MARITIME INSURER FROM "BLACKLISTING" SEAMEN WITHOUT CAUSE

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EXPENSES OF JUSTICE INCLUDE ONLY THOSE STORAGE EXPENSES INCURRED AFTER THE FILING OF A FORFEITURE ACTION BY THE UNITED STATES GOVERNMENT

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IMMIGRATION AND NATURALIZATION SERVICE MAY APPEAL AN IMMIGRATION JUDGE'S DECISION TO GRANT AN ALIEN RELIEF FROM DEPORTATION UNDER SECTION 212(c) OF THE IMMIGRATION AND NATIONALITY ACT

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FOURTH AMENDMENT NO BAR TO WARRANTLESS SEARCH OF FOREIGN FISHING VESSEL AUTHORIZED BY FISHERY CONSERVATION AND MANAGEMENT ACT OF 1976

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SCOPE OF LACEY ACT IS LIMITED TO FOREIGN LAWS DESIGNED TO PROTECT …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY-- An Owner Must Arbitrate a Claim that a Parent Company Assigned to its Subsidiary when the Owner Contemplated such Arbitration in a Contract with the Subsidiary

2. DIPLOMATIC IMMUNITY-- United Nations Employees not Accorded Diplomatic Immunity in Cases of Espionage; Recapture of Stolen Classified Information Diplomat does not Violate Diplomatic Immunity

3. EXTRADITION-- United States Extradition Treaty Applicable to all Enumerated Crimes regardless of the Sentence Imposed

4. INTERNATIONAL PATENT REGULATION-- Motion Requesting Benefit of Foreign Patent in Patent Interference Action is Proper without Supporting Statement of Reasons when Opponent can Fairly Respond

5. JURISDICTION AND PROCEDURE-- Dismissal …

Mobil Oil Corp. V. Higginbotham—Confusion Returns To Maritime Wrongful Death Actions, Howard Hall

Seattle University Law Review

In 1967, a helicopter carrying three passengers and a pilot returning from an offshore drilling platform crashed into the Gulf of Mexico beyond Louisiana's territorial waters, killing all aboard. The families of the decedents instituted a wrongful death suit in admiralty, seeking recovery under general maritime law, the Death on the High Seas Act (DOHSA), and the Jones Act. The federal district court found Mobil Oil Corporation, the owner and operator of the helicopter, negligent. In awarding damages the district court limited recovery to pecuniary losses, holding that a pecuniary loss limitation applied regardless of the theory of recovery. Specifically, …

Director, Office Of Workers' Compensation Programs, United States Department Of Labor V. Rasmussen, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Longshoremen's And Harbor Workers' Compensation Act And The Invitee Standard: Maritime Law Gone Aground?, Thomas W. Burt

Washington Law Review

Considers the 1972 amendments to the Longshoremen's and Harbor Workers' Compensation Act, especially circumvention of the exclusive benefits provision and "redistributing the liability for longshoring accidents so as to promote safety in the industry."

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.

I. Admiralty

Washington and Lee Law Review

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY LIABILITY LIMITATION IN SHIPPING CONTRACT SUBJECT TO CARRIAGE OF GOODS BY SEA ACT IS NULL AND VOID WHERE CONTRACT PROVIDES SHIPPER No OPPORTUNITY TO DECLARE CARGO'S HIGHER VALUE PRIOR TO SHIPMENT

2. ALIENS' RIGHTS STATE DENIAL OF RESIDENT ALIEN'S APPLICATION FOR MINISTERIAL OFFICE ON SOLE GROUND OF ALIENAGE VIOLATES FOURTEENTH AMENDMENT EQUAL PROTECTION CLAUSE

3. CUSTOMS DUTIES ACTUAL OWNER OF IMPORTED MERCHANDISE ENTERED BY A CUSTOM-HOUSE BROKER HAS STANDING UNDER 19 U.S.C. § 1514(b)(1) TO PROTEST CLASSIFICATION OF THE MERCHANDISE

4. JURISDICTION AND PROCEDURE QUASI IN REM JURISDICTION OVER FOREIGN CORPORATION CAN BE BASED ON A PRIOR ATTACHMENT …

Maritime Attachment And Arrest: Facing A Jurisdictional And Procedural Due Process Attack

Washington and Lee Law Review

No abstract provided.

Recent Decisions, Richard F. Cook, Jr., Edward C. Brewer, Iii, Daniel R. Wofsey, Sue D. Sheridan, Steven M. Morgan

Vanderbilt Journal of Transnational Law

Recent Decisions

Admiralty--Time Charter--Shipowner's Contractual Right to Withdraw Services of Vessel upon Charterer's Failure to Provide Punctual Payment is not Extinguished by Late Tender of Payment

Richard F. Cook, Jr.

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Antitrust--Treble Damages--A Foreign Sovereign is a "Person" entitled to Sue under Section 4 of the Clayton Act

Edward Cage Brewer, III

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Customs search of International Mail--A Customs Search of International Mail is Authorized by 19 C.F.R. § 145.2 and Incorporates the Reasonable Cause to Suspect Requirement of 19 U.S.C. § 482

Daniel R. Wofsey

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Jurisdiction and Procedure--Discovery--Party unable to comply with Discovery Order which Contravenes Foreign Nondisclosure …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Code and Custom in a Thai Provincial Court

By David M. Engel

Tuscon, Arizona: The University of Arizona Press, 1978. Pp. 230. $4.95.

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Human Rights and Development: Report of a Seminar on Human Rights and Their Promotion in the Caribbean

By the International Commission of Jurists and The Organization of Commonwealth Bar Associations

Bridgetown, Barbados, W.I.: The Cedar Press, 1978. Pp. 190.

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Iceburg Utilization: Proceedings of the First International Conference Held at Ames, Iowa

Edited by A.A. Husseiny

New York, New York: Pergamon Press, 1978. Pp. 760. $35.00.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty A State has Standing to Sue to Recover the Cost of Replacing Natural Resources Destroyed by Pollution

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2. Aliens' Rights Executive Order Barring Lawfully Admitted Resident Aliens from Federal Civil Service is Valid

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3. Constitutional Law Scope of Lacey Act Limited to Foreign Laws Designed to Protect Wildlife

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4. European Economic Community Restrictive Resale Provisions, Discriminating Pricing Policies, and Refusals to Deal by Corporation with a Dominant Position in a Substantial Part of EEC Violates Article 86 of the EEC Treaty

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5. International Travel Statute Suspending Social Security Income Benefits for Recipient Temporarily Out …

Recent Decisions, Aubrey W. Bogle, Iii, Edward H. Lueckenhoff, Clark C. Siewert, Joe B. Foltz, Michael P. Peck

Vanderbilt Journal of Transnational Law

Admiralty--Requirement of Minimum Contacts for Jurisdiction to Attach Property of Nonresident Defendant is not Applicable to Maritime Attachment

Aubrey W. Bogle, III

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Buy American Statutes--New Jersey--Constitutionality of Buy American Statute Upheld by State Supreme Court

Edward H. Lueckenhoff

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Citizenship--The Fourteenth Amendment requires Proof by Clear, Convincing, and Unequivocal Evidence that Relinquishment of United States Citizenship is Voluntary

Clark C. Siewert

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Extradition--Double Jeopardy Provision of Extradition Treaty Applies even Where Crime Committed before Ratification

Michael P. Peck

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Sovereign Immunity--Service of Process in the United States on a Permanent Mission to the United Nations must Conform to the …

Quiet Revolution: The Development Of Notice Requirements In Admiralty In Rem Actions, Ronald M. Morris

Vanderbilt Journal of Transnational Law

The personification theory has declined in acceptance in the United States since the turn of the century. It is now largely discredited, and has been labeled a mere "literary theme" whose disappearance is "to be welcomed. The personification theory maintains vitality, however, because it provides a rationale for concluding that a ship, and not her owner, may be liable--a result many courts find difficult to justify without the theory.

If the personification theory is taken to its logical extreme, the constitutional due process requirement of notice and opportunity to defend is satisfied by pasting a summons to the vessel's bridge. …

Mobil Oil Corporation V. Higginbotham, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Apportioning Maritime Collision Damages: Applying The Rule Of Reliable Transfer

Washington and Lee Law Review

No abstract provided.

Remedies In Admiralty For Oil Pollution, Stephen E. Roady

Florida State University Law Review

No abstract provided.

Osha's Impact On The Maritime Industry: A Case Of Administrative Confusion, Charles A. Edwards

Journal of Maritime Law and Commerce

No abstract provided.

Admiralty, George H. Chamlee

Mercer Law Review

A commentator recently had the temerity to suggest that the reasons for the existence of admiralty law and the admiralty jurisdiction as a separate system of jurisprudence "are not immediately apparent." Certainly the survival of admiralty as a largely unique body of law serving the needs of a single industry must be considered remarkable in this era of judicial reform and modernization. Admiralty is one of the few areas of legal specialization still left where law can frequently be justified on the basis of history rather than reason.

If the work of the Fifth Circuit Court of Appeals is any …

Convention On Limitation Of Liability For Maritime Claims, 1976

Journal of Maritime Law and Commerce

No abstract provided.

Container Law: A Recent Reappraisal, Seymour Simon

Journal of Maritime Law and Commerce

No abstract provided.

The Allocation Of Risk Of Delay In Voyage Charter Parties, Francesco Berlingieri

Journal of Maritime Law and Commerce

No abstract provided.

Substitution Clauses In Charterparties, L. J. Kovats

Journal of Maritime Law and Commerce

No abstract provided.