Admiralty Commons^™

The Manner In Which State Law Affects Federal Maritime Law, John B. Cervone

Journal of Maritime Law and Commerce

No abstract provided.

The Salvage Of Sunken Military Vessels - Project Jennifer: A Dangerous Precedent, Michael G. Collins

Journal of Maritime Law and Commerce

No abstract provided.

Book Reviews

Journal of Maritime Law and Commerce

No abstract provided.

The Homer Of The Pacific: Melville's Art And The Ambiguities Of Judging Evil, Lee C. Bollinger

Michigan Law Review

Writing in 1952 of Herman Melville's work and its significance, Albert Camus praised Melville as the "Homer of the Pacific." Such Olympian fame was deserved, Camus wrote, because "[i]f it is true that talent recreates life, while genius has the additional gift of crowning it with myths, Melville is first and foremost a creator of myths." This essay concerns one aspect of those myths, Melville's exploration of man's struggle with the injustice and evil that originates from both within and without himself, and asserts its relevance to an understanding of the judicial process.

The Liability Of A Salvor Responsible For Oil Pollution Damage, Bernard A. Dubais

Journal of Maritime Law and Commerce

No abstract provided.

Book Reviews

Journal of Maritime Law and Commerce

No abstract provided.

Packaging Of Dangerous Goods, James K. K. Wong

Journal of Maritime Law and Commerce

No abstract provided.

Sovereign Immunity In America: A Bicentennial Accomplishment, Georges P. Delaume

Journal of Maritime Law and Commerce

No abstract provided.

Law Of The Sea Conference - Why Paralysis, G. W. Haight

Journal of Maritime Law and Commerce

No abstract provided.

The Deep Draught Vessel And The Proposed International Regulations For Preventing Collisions At Sea 1972, Frank E. Couper

Journal of Maritime Law and Commerce

No abstract provided.

Effective United States Control, John G. Kilgour

Journal of Maritime Law and Commerce

No abstract provided.

Jurisdiction, Shipowner Negligence And Stevedore Immunities Under The 1972 Amendments To The Longshoremen's Act, David W. Robertson

Mercer Law Review

Prior to major changes effective November 27, 1972,' the jurisprudence under the 1927 Longshoremen's and Harbor Workers' Compensation Act 2 had developed a well-defined system for dealing with injuries to employees covered by that statute. Three entities are routinely involved in such injuries: the vessel in connection with which the victim was working at the time of his injury; the independent contractor hired by the vessel to load, unload, repair, or perform some other service to the vessel; and the injury victim himself, who is an employee of the independent contractor. It is customary to refer to these three entities …

I. Admiralty

Washington and Lee Law Review

No abstract provided.

Loss Of Consortium In Admiralty: A Yet Unsettled Question

BYU Law Review

No abstract provided.

The Public Order Of Ocean Resources: A Critique Of The Contemporary Law Of The Sea By P. Sreenivasa Rao, Frederick S. Tipson

Maryland Journal of International Law

No abstract provided.

Dispute Settlement In The Law Of The Sea Convention: The Military Activities Exception, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

Insurable Interest In Maritime Law, Joseph T. Bockrath

All Scholarship

No abstract provided.

Pleasure Boat Torts In Admiralty Jurisdiction: Satisfying The Maritime Nexus Standard

Washington and Lee Law Review

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Offshore Sandblaster not Permanently Assigned to his Vessel is not a Seaman Under the Jones Act

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Freight for a Partial Shipment of Cargo which has been Loaded Aboard a Vessel is Subject to Maritime Garnishment

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Compensation Awarded to Shipbuilding Employee Injured at Shipyard during Maintenance Work on Previously Unused Crane

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

ILA Collective Bargaining Agreements Affecting Containerized Cargo Held Invalid as "Work Acquisition" Measures

Damages from Successive, Independent Injuries may not be Cumulated to Determine "Constructive Total Loss" where Vessel has been restored to Seaworthy Condition between Injuries

Shipowner is Entitled to Lost Profits Measured by the Prevailing Market Rate During Off-Hire Extension Period

2. CUSTOMS

Trading with the Enemy Act Authorizes Treasury Regulations Prohibiting Import of Cuban Assets when the United States Interest Arises after the Effective Date of the Regulations

Standing to Protest Imposition of Dumping Duties Denied where Plaintiff unable to prove by Substantial and Convincing …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

"CONTACTS" TEST BASED ON 99 PERCENT AMERICAN OWNERSHIP OF A FOREIGN CORPORATION WILL NOT BE APPLIED TO CIRCUMVENT THE RECIPROCITY PROVISION OF THE PUBLIC VESSELS ACT

SEARCH OF A U.S. VESSEL ON THE HIGH SEAS PURSUANT TO STATUTE AUTHORIZING SAFETY INSPECTIONS BY THE U.S. COAST GUARD MAY NOT BE ASSISTED BY AGENTS OF OTHER FEDERAL AGENCIES

LAND-BASED TORT PRINCIPLES OF NEGLIGENCE APPLY TO LIABILITY OF VESSELS FOR INJURIES TO LONGSHOREMEN RATHER THAN PRINCIPLES OF UNSEAWORTHINESS OR VIOLATION OF NONDELEGABLE DUTY

2. ALIEN'S RIGHTS

INTERRUPTION OF AN ALIEN'S PRESENCE IN THE UNITED STATES AND INVESTOR STATUS OF AN ALIEN …

Recent Decisions, Steven A. O'Rourke, Henry C. Wood, Jr., Christopher Ryan, Phyllis K. Fong, Clifford D. Harmon

Vanderbilt Journal of Transnational Law

Admiralty--Workmen's Compensation--Longshoremen's and Harbor Workers' Compensation Act covers Waterfront Injuries to Cargo Handlers Who sometimes work Offshore or Who unpack Containers

Steven A. O'Rourke

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European Communities--Restrictive Practices--Abuse of Dominant Position--Discriminatory or Unfair Pricing Policies among EEC Customers by a Corporation in a Dominant Market Position Infringes Article 86 of the EEC Treaty

Henry Clay Wood, Jr.

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Federal Jurisdiction--State Regulation of Interstate Commerce--Federal Courts have Jurisdiction to Enjoin State Officials from Enforcing State Laws Regulating Interstate Tanker Trade where Congress intended that Federal Regulations Pre-empt the Area

Christopher Ryan

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Securities Regulation--Jurisdiction--Allegations that an International Securities Transaction involving Stock …

Admiralty Law - 1972 Amendments To The Longshoremen's And Harbor Workers' Compensation Act - Shipowner's Duty Toward Longshoreman Is Same As Land-Based Employer's Duty Toward Employees Of Independent Contractor, Henry Scott Wallace

Villanova Law Review (1956 - )

No abstract provided.

The Concept Of Free Seas: Shaping Modern Maritime Policy Within A Vector Of Historical Influence, George P. Smith Ii

Scholarly Articles

No abstract provided.

The Homer Of The Pacific: Melville's Art And The Ambiguities Of Judging Evil, Lee C. Bollinger

Faculty Scholarship

It should not be surprising that Herman. Melville has an important message for students of the legal system, when one reflects for a moment on his biography and the subject matter of his writings. Melville had an intimate exposure to various legal systems ranging from the very crude to the more sophisticated, due in part at least to close personal ties with people who. were themselves connected with the law in one way or another. When Melville was thirteen years old his father declared himself bankrupt, then went mad and died. Melville's cousin had presided over a widely publicized and …

Treasure Salvors, Inc. V. Abandoned Sailing Vessel Believed To Be The Nuestra Sehora De Atocha, 408 F. Supp. 907 (S.D. Fla. 1976), Bruce Mcdonald

Florida State University Law Review

Admiralty- SALVAGE- THE UNITED STATES HAS NOT ASSERTED SOVEREIGN PREROGATIVE OVER ABANDONED PROPERTY ON OUTER CONTINENTAL SHELF.

Admiralty Procedure And Jurisdiction After The 1966 Unification, David W. Robertson

Michigan Law Review

From the nation's beginning, the federal district courts have been vested with jurisdiction in cases "of admiralty or maritime jurisdiction." Like its predecessor statute, section 1333 of the present Judicial Code asserts that the jurisdiction is "exclusive of the courts of the states," but the infamous "saving clause" goes on to negate that exclusivity in the bulk of maritime cases by giving the plaintiff the option of maintaining his action in any other court having jurisdiction over it. In "saving clause" cases--that is, cases that could have been brought in federal court under the admiralty jurisdiction, but which were maintained, …

Admiralty, George H. Chamlee

Mercer Law Review

Cases decided by the Fifth Circuit Court of Appeals during calendar year 1975 which involved admiralty and maritime claims embrace a colorful variety of fact situations but establish few benchmark principles of marine law. One very important case was decided by the U.S. Supreme Court during the survey period, United States v. Reliable Transfer Co., in which was laid to rest one of the unique doctrines of American admiralty law, the rule of dividend damages. Surprisingly, the Fifth Circuit handed down no decisions which provided any meaningful guidance to the proper interpretation of the 1972 amendments to the Longshoremen's …

Admiralty--Divided Damages Rules Replaced By Proportionate Fault In Maritime Collision Or Standing Cases, Margaret Leslie Cooper

Mercer Law Review

In United States v. Reliable Transfer Co., the Supreme Court of the United States was presented with the issue of the continued validity of the rule of equally divided damages in admiralty. The Court rejected the rule and adopted a proportional fault rule for property damage in maritime collision or stranding cases.3 It was held that when two or more parties have contributed by their fault to cause a maritime collision or stranding, liability for damage resulting therefrom shall be allocated proportionately to the comparative degree of fault of each party, except in cases where it is not possible …

I. Admiralty

Washington and Lee Law Review

No abstract provided.