Admiralty Commons^™

The United States And The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

Journal of Maritime Law and Commerce

No abstract provided.

Re-Thinking The “Reasonableness Test” In Policing Forum Selection Clauses In U.S. Courts In Light Of The Hague Convention On Choice Of Court Agreements, Youseph Farah

Journal of Maritime Law and Commerce

No abstract provided.

Maritime Liens: An Endless Torpedo For Foreign Flagged Vessels In Turkish Seas, Cuneyt Suzel

Journal of Maritime Law and Commerce

No abstract provided.

Maritime Collision Regulations As A Structure For Space Travel, Swathi Paruchuru

Brooklyn Journal of International Law

The exploration of space via manned and unmanned missions has been almost constant since the mid-20th century. With developing technology and the advent of private actors in space travel, the emerging problem of space traffic requires some form of guidelines in order to prevent collisions and continue the peaceful use of space. Space Traffic Management is an emerging field with new theories still being posited. This Note examines the ways in which maritime Collision Regulations (COLREGs) can be used as a guideline to create infrastructure for the control of traffic in space, regarding both satellites and general space debris. This …

A Fraying Patchwork Quilt: International Law And Plastic Pollution, Dr. Gerry Nagtzaam

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Admiralty, John P. Kavanagh Jr.

Mercer Law Review

The cases discussed herein represent decisions from the United States Court of Appeals for the Eleventh Circuit, as well as district courts within the Eleventh Circuit, issued in 2022. While not an all-inclusive list of maritime decisions during that timeframe, the Author identifies and provides summaries of key rulings of interest to the maritime practitioner.

Waiving Goodbye To Oil Spill Claims Against The United States: The Eleventh Circuit Creates A Narrow Exception To The Sovereign Immunity Waiver In The Suits In Admiralty Act Of 1920, Anika Akbar

Mercer Law Review

Costs related to oil spills can be extraordinary. Excluding the damage to the environment and to the vessel alone, a responsible party may incur containment costs, clean-up costs, cost of repairing public infrastructures, and fines and fees for causing the spill. Additionally, the owner of the spilling vessel also risks liability for lost profits to other businesses in the surrounding areas, including those that can no longer fish in the affected area. ...

On September 8, 2019, the M/V Savage Voyager (the Vessel) was pushing two tank barges laden with oil along the Tennessee-Tombigbee Waterway (the Waterway) when it approached …

The Eleventh Circuit Is The Captain Now: The Discovery Of A Lost Sixteenth-Century French Royal Navy Shipwreck Sails France Into Litigation, Kirsten Ehlers

Mercer Law Review

X marks the spot! The quest of uncovering historic shipwrecks that were lost at sea and recovering their treasures seemed like an exciting movie script until a sixteenth-century shipwreck was discovered off the coast of Cape Canaveral, Florida, in 2016. That finding later caught the attention of the Republic of France (France) when Global Marine Exploration, Inc. (GME) attempted to salvage the shipwreck France believed to be its sovereign property. That ship was the flagship of the 1565 Royal Navy of France Fleet, la Trinité.

Untethering Umvs From Vessels: Why The United States Should Construct A New Environmental Legal Scheme For Unmanned Maritime Vehicles, Lindsay I. Mccarl

Dickinson Law Review (2017-Present)

International and domestic laws and regulations, and in particular those addressing environmental protections related to the world’s oceans, have no clear application to unmanned maritime vehicles (UMVs). Instead, legal scholars have attempted to fit UMVs into current legal schemes in a piecemeal manner that UMVs practically and realistically cannot comply with. UMVs are inherently different than their manned counterparts and therefore require a unique legal framework separate and apart from manned vessels. Without its own legal scheme, the United States Navy and other organizations will not be able to realize the full potential of UMVs—not only for their military operational …

Epa And Army’S New Wotus Definition And Another Finalized Rule This Spring, Joe Retzer

SLU Law Journal Online

On December 30, 2022, the EPA finalized its rule interpreting "waters of the United States," which redefined the boundaries of the Clean Water Act's jurisdiction. In this article, Joe Retzer discusses the new rule that attempts to implement public input by providing a definition that is clear and consistent for stakeholders and discusses future rules that may be on the horizon.

Woke Capital Revisited, Jennifer S. Fan

Seattle University Law Review

Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …

When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar

Seattle University Law Review

The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …

Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law, Schuyler M. Peters

Seattle University Law Review

In Part I, this Comment will explain the Helmet Law itself and the timeline that ultimately led to its repeal. Part II will focus on the positive impact of the Helmet Law, the dangers associated with the repeal, why the repeal should not have occurred in the manner it did, and what societal costs stem from the BOH’s decision. Part III will address the actions that must be taken to revoke this repeal and the reasons behind these alternative pathways, including an Equity Impact Review study specifically on the consequences of repeal, a collaborative outreach program to bring helmets to …

Towards Critical Environmental Justice Approach In Multicultural Divided States: Lessons From The Israeli Regulative System, Manal Totry-Jubran

Fordham Environmental Law Review

This article draws upon the evolving framework of the Critical Environmental Approach in examining the conceptualization and manifestation of the Environmental Justice approach and its pillars within the regulatory system of multicultural and divided societies. These are states comprised of marginalized ethnic and minority groups that frequently face instances of social and environmental injustice. Employing this perspective through a case study show that gradual and anecdotic but unorganized and incoherent incorporation of Environmental Justice pillars lacks the capacity to effectively address long-standing historical environmental injustices and fails to challenge the prevailing social framework. In fact, it runs the risk of …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Women In Shareholder Activism, Sarah C. Haan

Seattle University Law Review

Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …

Beyond The Business Case: Moving From Transactional To Transformational Inclusion, Jamillah Bowman Williams

Seattle University Law Review

While workplace diversity is a hot topic, the extent to which the diversity management movement has effectively improved intergroup relations and reduced racial inequality remains unclear.1 Despite large investments in diversity and inclusion training and other company wide initiatives, historically excluded groups remain vastly underrepresented in leadership and the most lucrative careers, such as finance, law, and technology. This calls the efficacy of diversity, equity, and inclusion (DEI) efforts into question, particularly with respect to reducing racial inequality in the workplace.

This Article explains why it is time for organizational leaders to move beyond the transactional case for diversity and …

Reframing The Dei Case, Veronica Root Martinez

Seattle University Law Review

Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of their organizations. The status quo seemed unlikely to move, but expectations for corporate firms were upended after the #MeToo Movement of 2017 and 2018, which was followed by corporate support of the #BlackLivesMatter Movement in 2020. These two social movements, while distinct in many ways, forced firms to rethink …

How Firms Turn Middle Managers Into Diversity Leaders, Alexandra Kalev, Frank Dobbin

Seattle University Law Review

In 2007, the Conference Board published a piece calling middle managers “the biggest roadblock to diversity and inclusion” for standing in the way of change efforts. Today, many chief diversity officers report that they have failed both to diversify middle management and to get middle managers involved in promoting inclusion. We explore popular diversity programs that create “paper” or “symbolic” principles for achieving diversity (diversity policy statements and guidelines for hiring, promotion, and discharge), as well as programs that engage middle managers in promoting diversity (special recruitment and mentoring programs, and diversity task forces). “Paper” policies often fall flat, but …

Gender And The Constitutional Theory Of The Firm, Jamee K. Moudud

Seattle University Law Review

This Article adds to the literature that has linked feminist economics to foreign trade and development. It argues that two key factors need to be in place jointly if efforts to promote gender equity are to succeed. On the one hand it argues that foreign debt is an important constraint to domestic progressive social policies of all kinds as it increases the power of international creditors who generally tend to support austerity policies. On the other hand, while alleviating the burden of foreign debt via exportpromotion policies is necessary, it is by no means a sufficient condition to promote domestic …