U.S. Naval War College
Universitas Padjadjaran; Universitas Indonesia
Duke Law
Citizenship At Sea: A Comparative Perspective On Blue Justice In The Andaman Sea And The Mediterranean In The Context Of Climate Change,
2026
University of Teramo
Citizenship At Sea: A Comparative Perspective On Blue Justice In The Andaman Sea And The Mediterranean In The Context Of Climate Change, Emilio Cocco
Pace Environmental Law Review
Discourses of the ocean in the sociological and socio-legal world have, until recently, been approached from majoritarian, terrestrial, profane and nation-centric perspectives. These perspectives are embedded in legal and regulatory regimes to the detriment of Indigenous and marginalized maritime communities. Drawing on the blue turn in sociology and socio-legal scholarship, this Article, in comparing the experiences of the Moken people of the Andaman Sea with those of migrants, fishers, and island communities in the Mediterranean, exposes the violence of such narratives. Through a comparative analysis of maritime borders, marine protected areas, tourism, and fisheries regulation, the Article explores how governance …
The Law Of General Average,
2026
Georgetown University
The Law Of General Average, Luca Anderlini, Joshua C. Teitelbaum
Georgetown Law Faculty Publications and Other Works
Part of a ship’s cargo is jettisoned in order to save the vessel and the remaining cargo from imminent peril. How should the loss be shared among the cargo owners? The law of general average, an ancient principle of maritime law, prescribes that the owners share the loss proportionally according to the respective values of their cargo. We analyze whether the law of general average is a truthful and efficient mechanism. That is, we investigate whether it induces truthful reporting of cargo values and yields a Pareto efficient allocation in equilibrium. We show that the law of general average is …
An Integrated Review Of Maritime Emission Reduction Through Regulatory Operational Fuel And Technological Approaches,
2026
Maritime Upgrading Studies Institute, Arab Academy for Science, Technology and Maritime Transport (AASTMT), Alexandria, PO Box 1029, Egypt
An Integrated Review Of Maritime Emission Reduction Through Regulatory Operational Fuel And Technological Approaches, Ehab S. Elabd, Ahmed M. Shama
Blue Economy
The research endeavor at hand is basically meant to trace the most prominent regulatory, operational, fuel-related, and technological approaches employed for maritime emission reduction. From a quantitative perspective, the conducted review comprises four major categories and 80 research contributions. Operational optimization and efficiency strategies and alternative-fuel solutions take the largest shares of the investigations reviewed. Operational optimization and efficiency strategies comprise 29 studies (36.3%), while alternative-fuel solutions comprise 28 studies (35.0%). Comparably, port-related emissions and mitigation strategies include 15 studies (18.8%), whereas design optimization and technological innovations incorporate 8 studies (10.0%). Considering the fact that maritime transport is responsible for …
Introduction: A Roadmap To The Naval War With Iran,
2026
U.S. Naval War College
Introduction: A Roadmap To The Naval War With Iran, James Kraska
International Law Studies
No abstract provided.
Chapter 4: Untangling The “Legal Vortex”: Transit, Tolls, And Truce In The Strait Of Hormuz,
2026
U.S. Naval War College
Chapter 4: Untangling The “Legal Vortex”: Transit, Tolls, And Truce In The Strait Of Hormuz, James Kraska
International Law Studies
No abstract provided.
The Alien Enemies Act Of
1798,
2026
Fordham University School of Law
The Alien Enemies Act Of 1798, Andrew Kent
Fordham Law Review
For the first time since World War II—and for the first time ever outside a formally declared war—an American president has invoked the Alien Enemies Act of 1798 to detain and deport noncitizens. Enacted during the Quasi-War with France, the Act’s operative language remains largely unchanged today. In March 2025, President Donald J. Trump proclaimed that members of the Venezuelan gang Tren de Aragua present in the United States are “alien enemies,” asserting that their activities, allegedly coordinated with President Nicolás Maduro’s government, constitute an “invasion” or “predatory incursion” within the meaning of the statute. Litigation challenging the invocation of …
Chapter 3: Blockade, Prize, And Targeting: The Revival Of Economic Warfare In Operation Epic Fury,
2026
U.S. Naval War College
Chapter 3: Blockade, Prize, And Targeting: The Revival Of Economic Warfare In Operation Epic Fury, James Kraska
International Law Studies
No abstract provided.
Chapter 2: Boarding The Shadow Fleet: Stateless Vessels In The Law Of The Sea,
2026
U.S. Naval War College
Chapter 2: Boarding The Shadow Fleet: Stateless Vessels In The Law Of The Sea, James Kraska
International Law Studies
No abstract provided.
Chapter 1: Sanctions And The Shadow Fleet: Terrorism Forfeiture And Operation Economic Fury,
2026
U.S. Naval War College
Chapter 1: Sanctions And The Shadow Fleet: Terrorism Forfeiture And Operation Economic Fury, James Kraska
International Law Studies
No abstract provided.
Masthead,
2026
Seattle University School of Law
Table Of Contents,
2026
Seattle University School of Law
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program,
2026
Seattle University School of Law
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell
Seattle University Law Review
Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct,
2026
Seattle University School of Law
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Seattle University Law Review
Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions,
2026
Seattle University School of Law
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King
Seattle University Law Review
The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute,
2026
Seattle University School of Law
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young
Seattle University Law Review
Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …
United States V. Alfonso: The Eleventh Circuit's Choice To Follow The Tide Of Other Circuits In Deciding What Constitutes The High Seas,
2026
University of Maine School of Law
United States V. Alfonso: The Eleventh Circuit's Choice To Follow The Tide Of Other Circuits In Deciding What Constitutes The High Seas, Jaidin Winsor
Ocean and Coastal Law Journal
In United States v. Alfonso, three appellants challenged the constitutionality of the assertion of subject matter jurisdiction by the United States over a vessel involved in illicit drug smuggling activity within the Exclusive Economic Zone (EEZ) of the Dominican Republic. On appeal the United States Court of Appeals for the Eleventh Circuit rejected this challenge. The decision made by the Eleventh Circuit Court of Appeals followed the approach taken explicitly by the Fourth Circuit and indirectly by the First and Second Circuits. This decision affirmed the expansive reach of United States territorial jurisdiction and is likely to encourage other cCircuits …
High Stakes On The High Seas: Sailing Through Mdlea Jursidictional Waters,
2026
University of Maine School of Law
High Stakes On The High Seas: Sailing Through Mdlea Jursidictional Waters, Sean Kim
Ocean and Coastal Law Journal
This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …
Alaska's Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond,
2026
University of Maine School of Law
Alaska's Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond, Lauren Beizer
Ocean and Coastal Law Journal
Coral reefs are ecologically, financially, and aesthetically one of the world’s greatest resources. Off the coast of Alaska, many unique species of deep-sea cold-water corals exist and provide various public health benefits, contribute vital ecosystem functions to their surrounding environment, and serve as economic tourist attractions. Alaska’s corals reefs are exceedingly valuable to the earth due to their overall ecological value. However, these unique coral species significantly lack state and federal protections–which have recently been under consideration in several lawsuits at the federal level. American Oceans Campaign v. Daley and Oceana, Inc. v. National Marine Fisheries Service et al., are …
A Response To China'a "Legal Assessment Of U.S. Views On "Freedom Of Navigation",
2026
University of Maine School of Law
A Response To China'a "Legal Assessment Of U.S. Views On "Freedom Of Navigation", Raul Pete Pedrozo
Ocean and Coastal Law Journal
In August 2025, the China Institute for Marine Affairs (CIMA) conducted a legal assessment of U.S. views on freedom of navigation. CIMA concluded that U.S. views on freedom of navigation lack “a basis in international law,” “seriously distort[] the interpretation and development of international law,” and embody “distinct illegality, unreasonableness, and double standards.” Part 1 of the assessment provides an overview of U.S. views on freedom of navigation. Part 2 “analyzes the gaps between U.S. perceptions of navigational rights and related practices and the rules of international law.” Part 3 “analyzes the legality of U.S. restrictions on the rights of …
Rape And Sexual Assault On The High Seas: A Case Of Murky Jurisdiction,
2026
University of Maine School of Law
Rape And Sexual Assault On The High Seas: A Case Of Murky Jurisdiction, Linny Kit Tong Ng
Ocean and Coastal Law Journal
Rape and sexual assault on the high seas present a complex, dual-faceted challenge encompassing both legal and socio-cultural dimensions. The high seas are marked by jurisdictional ambiguity. International law assigns jurisdiction to the flag State of the vessel. However, many vessels are registered to States lacking adequate legal frameworks or the capacity to address such crimes effectively. While international law does allow for intervention by other States under certain principles of jurisdiction, the lack of legal clarity and political will often results in hesitation from non-flag States, except for the United States. This hesitance leaves victims without recourse. This Article …
