Admiralty Commons^™

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

The Bp Mdl And Its Aftermath: Whither Opa's Displacement Jurisprudence?, John Costonis

Journal Articles

No abstract provided.

Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, Adam S. Bohanan

Ocean and Coastal Law Journal

In maritime personal injury cases, courts have traditionally seen prejudgment interest as part of the compensation due to a prevailing plaintiff. The goal of ensuring the fullest compensation possible has long been recognized as a basic principle of admiralty law. However, federal appellate courts are split over whether to award prejudgment interest on a mixed claim under general maritime law and the Jones Act. This Note explores this issue in Nevor v. Moneypenny Holdings, LLC, which was the first time the question had been raised in the First Circuit. The Fifth and Sixth Circuits have held that because prejudgment interest …

Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto

Ocean and Coastal Law Journal

Transshipment, the process of transferring catch from a small fishing vessel onto a larger fishing vessel far off shore, has been used to commit a variety of human rights abuses on the sea. Companies can get away with this because there is little to no oversight over the activities. Yet, there has been little to no incentive to change these practices, because companies are generally not penalized for these actions. The author proposes a variety of tactics be implemented in addressing these concerns. These include imposition of sanctions upon countries who allow for nefarious activities, increased video surveillance on board …

Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo

Ocean and Coastal Law Journal

Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious, …

Selling A Vessel Free And Clear Of A Maritime Lien Pursuant To Section 363 Of The Bankruptcy Code, Aram Movaseghi

Bankruptcy Research Library

(Excerpt)

Under title 11 of the United States Code (the “Bankruptcy Code”), a debtor in possession or trustee may sell property of the debtor’s estate. However, a lien on a maritime vessel may make such a sale challenging, in particular because of jurisdictional issues. When a debtor’s assets become subject to the jurisdiction of both admiralty and bankruptcy cases, a complex conundrum arises. Maritime bankruptcies have generated complex legal issues and jurisdictional conflicts that have perplexed practitioners and implicated significant constitutional issues.

Under section 363 of the Bankruptcy Code, a debtor or trustee may seek authority from the court to …

Us Supreme Court Bars Punitive Damages In Unseaworthiness Claims, Craig H. Allen

Articles

To appreciate the reach of the Court's decision on punitive damages for unseaworthiness claims, it is important to understand the federal courts' steady expansion of the class of workers who now qualify as "seamen," the class of floating vessels and structures that now qualify as "vessels," and the strict liability standard for determining whether a vessel is seaworthy.

An Analysis Of The Need For A Pilot Civil Liability Restriction System In South Korea For Marine Safety, Jae Kun Lim

World Maritime University Dissertations

No abstract provided.

Maritime Cargo Claims In Vietnam : Practical Issues And The Design Of A Virtual Consultancy Expert System Based On Artificial Intelligience To Assist Non-Lawyer Users, Thi Mai Phuong Pham, Thi Minh Hang Hoang

World Maritime University Dissertations

No abstract provided.

Foreward, Kristen Van De Biezenbos

Journal of Maritime Law and Commerce

No abstract provided.

The Case For Using The Law Of Salvage To Preserve Underwater Cultural Heritage: The Integrated Marriage Of The Law Of Salvage And Historic Preservation, Ole Varmer, Caroline M. Blanco

Journal of Maritime Law and Commerce

No abstract provided.

Admiralty, John P. Kavanagh Jr.

Mercer Law Review

The cases discussed herein represent decisions the United States Court of Appeals for the Eleventh Circuit issued in 2016 and 2017. While not an all-inclusive list of maritime decisions from the court during that timeframe, the Author identified and provided summaries of key rulings of interest to the maritime practitioner.

Ownership Of Underwater Cultural Heritage, William V. Dunlap

Journal of Maritime Law and Commerce

No abstract provided.

The Unesco Convention On The Protection Of The Underwater Cultural Heritage: Its Growing Influence, James A.R. Nafziger

Journal of Maritime Law and Commerce

No abstract provided.

Table Of Contents

Journal of Maritime Law and Commerce

No abstract provided.

Boats And Divorce, Robert M. Jarvis, Phyllis Coleman

Journal of Maritime Law and Commerce

No abstract provided.

Copyright And Underwater Cultural Heritage, Tyler T. Ochoa

Journal of Maritime Law and Commerce

No abstract provided.

Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned

Environmental and Earth Law Journal (EELJ)

No abstract provided.

From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall

Environmental and Earth Law Journal (EELJ)

No abstract provided.