An Overview of Maritime Law Stephen M
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Supreme Court of the Fnited States
STEA2.IBOA' AD. HINE v. TREVOR. RECENT AMERICAN DECISIONS Supreme Court of the fnited States. THE STEAMBOAT AD. HINE v. MATTHEW R. TREVOR. The Federal courts have jurisdiction in admiralty in cases of collision between steamboats on the navigable rivers of the United States, even though the collision occurs above tide-water. Such collisions, where the remedy is by a direct proceeding against the vessel and not against the owners, constitute causes of admiralty cognisauce. By the 9th section of the Act of Congress of September 24th 1789, the jurisdic- tion of the District Courts of the United States is exclusive, except where the com- mon law is competent to give a remedy. A state statute authorizing in cases of collision between steamboats on naviga- ble rivers, a proceeding in the state courts against the vessel by name, its seizure and sale to satisfy any liability that may be established, is in conflict with the con- stitutional legislation of Congress conferring admiralty on the District Courts of the United States. In such cases the state courts cannot exercise a concurrent jurisdic- tion ; and the common law is not competent to give such a remedy. The history of the adjudications of the Supreme Court of the United States on the subject of admiralty jurisdiction reviewed, and the principles established by that tribunal, stated by MimLLn, J. IN error .to the Supreme Court of the State of Iowa. Grant & Smith, for plaintiff in error. Cook Drury, for defendant in error. The opinion of the court was delivered by MILLER, J.-The substance of the record, so far as it is neces- sary to consider it here, is shortly this: A collision occurred between the steamboats Ad. -
The Abandoned Shipwrecks Act in Florida Tyler Wolanin
University of Massachusetts Amherst ScholarWorks@UMass Amherst School of Public Policy Capstones School of Public Policy 2018 The Abandoned Shipwrecks Act in Florida Tyler Wolanin Follow this and additional works at: https://scholarworks.umass.edu/cppa_capstones Part of the Law Commons, Other Legal Studies Commons, Other Public Affairs, Public Policy and Public Administration Commons, Policy Design, Analysis, and Evaluation Commons, and the Public Policy Commons Wolanin, Tyler, "The Abandoned Shipwrecks Act in Florida" (2018). School of Public Policy Capstones. 47. Retrieved from https://scholarworks.umass.edu/cppa_capstones/47 This Article is brought to you for free and open access by the School of Public Policy at ScholarWorks@UMass Amherst. It has been accepted for inclusion in School of Public Policy Capstones by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. 1 The Abandoned Shipwrecks Act in Florida Tyler Wolanin Master of Public Policy and Administration Capstone May 1st, 2018 2 EXECUTIVE SUMMARY The Abandoned Shipwrecks Act is a 1988 federal law that grants states jurisdiction over abandoned shipwrecks in their territorial waters. The intention of the law is to allow states to form historic preservation regimes to protect historic shipwrecks from looters and salvagers. One of the most important beneficiaries of this law is the state of Florida, with the longest coastline in the continental United States and a history of attempts to protect historic shipwrecks. This law has been criticized since inception for removing the profit incentive for salvors to discover new shipwrecks. The Act has been subjected to a considerable amount of legal criticism for the removal of jurisdiction over shipwrecks from federal admiralty courts, but it has not received attention from policy scholars. -
China's Merchant Marine
“China’s Merchant Marine” A paper for the China as “Maritime Power” Conference July 28-29, 2015 CNA Conference Facility Arlington, Virginia by Dennis J. Blasko1 Introductory Note: The Central Intelligence Agency’s World Factbook defines “merchant marine” as “all ships engaged in the carriage of goods; or all commercial vessels (as opposed to all nonmilitary ships), which excludes tugs, fishing vessels, offshore oil rigs, etc.”2 At the end of 2014, the world’s merchant ship fleet consisted of over 89,000 ships.3 According to the BBC: Under international law, every merchant ship must be registered with a country, known as its flag state. That country has jurisdiction over the vessel and is responsible for inspecting that it is safe to sail and to check on the crew’s working conditions. Open registries, sometimes referred to pejoratively as flags of convenience, have been contentious from the start.4 1 Dennis J. Blasko, Lieutenant Colonel, U.S. Army (Retired), a Senior Research Fellow with CNA’s China Studies division, is a former U.S. army attaché to Beijing and Hong Kong and author of The Chinese Army Today (Routledge, 2006).The author wishes to express his sincere thanks and appreciation to Rear Admiral Michael McDevitt, U.S. Navy (Ret), for his guidance and patience in the preparation and presentation of this paper. 2 Central Intelligence Agency, “Country Comparison: Merchant Marine,” The World Factbook, https://www.cia.gov/library/publications/the-world-factbook/fields/2108.html. According to the Factbook, “DWT or dead weight tonnage is the total weight of cargo, plus bunkers, stores, etc., that a ship can carry when immersed to the appropriate load line. -
Laws Adrift: Anchoring Choice of Law Provisions in Admiralty Torts
University of Miami International and Comparative Law Review Volume 17 Issue 1 Volume 17 Issue 1 (Fall 2009) Article 4 10-1-2009 Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts Marcus R. Bach-Armas Jordan A. Dresnick Follow this and additional works at: https://repository.law.miami.edu/umiclr Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Marcus R. Bach-Armas and Jordan A. Dresnick, Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts, 17 U. Miami Int’l & Comp. L. Rev. 43 (2009) Available at: https://repository.law.miami.edu/umiclr/vol17/iss1/4 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami International and Comparative Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. LAWS ADRIFT: ANCHORING CHOICE OF LAW PROVISIONS IN ADMIRALTY TORTS - Marcus R. Bach-Armas*& JordanA. Dresnick I. Introductory Remarks ........................ 44 II. The View from the Crow's Nest: Unwrapping Choice of Law Provisions ........................................... 46 III. The History of Maritime Tort Choice of Law Analysis .................................. 51 IV. Current Maritime Choice of Law Jurisprudence .................................... 55 V. Drafting for Naught: The (In)Significance of Choice of Law Clauses in Maritime Torts .................. 58 VI. The Role of Choice of Law Provisions in Maritime Torts Post-Bremen ............. 60 VII. Concluding Remarks .......................... 64 At the time of submission, Marcus R. -
In Chambers: Effective Writing Tips for the Judicial Interns and Law Clerks
IN CHAMBERS: EFFECTIVE WRITING TIPS FOR THE JUDICIAL INTERNS AND LAW CLERKS © 2017 The Writing Center at GULC. All Rights Reserved.1 Working for and with a judge can be an exciting but intimidating challenge. In many respects, law school is great preparation, and many of the skills you have learned will be invaluable. However, many challenges you will face in chambers can seem quite foreign at first, and there is surprisingly little guidance out there on how to address them. This handout is intended to fill some of those gaps. A lot of the guidance contained in this handout will, like so many things in law, vary depending on facts and circumstances. For example, this handout is intended to be useful both for full-time clerks as well as summer interns and school-term externs. Of course, the roles of each of these positions differs in some respect, so keep that in mind as you read. In addition, as is elaborated further later on, every judge is different. No matter what, respect his or her wishes at all times and never take anything contained herein or elsewhere as advice to the contrary. This handout assumes you have received an assignment from your supervisor in chambers and that you are having a hard time with next steps. The goal is not so much to tell you how to write it (there is simply too much variation out there for that), but, instead, to provide some guidance as to what types of questions you can ask and what next steps might look like. -
The Supreme Court and the New Equity
Vanderbilt Law Review Volume 68 | Issue 4 Article 1 5-2015 The uprS eme Court and the New Equity Samuel L. Bray Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Supreme Court of the United States Commons Recommended Citation Samuel L. Bray, The uS preme Court and the New Equity, 68 Vanderbilt Law Review 997 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol68/iss4/1 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. VANDERBILT LAW REVIEW VOLUME 68 MAY 2015 NUMBER 4 ARTICLES The Supreme Court and the New Equity Samuel L. Bray* The line between law and equity has largely faded away. Even in remedies, where the line persists, the conventional scholarly wisdom favors erasing it. Yet something surprisinghas happened. In a series of cases over the last decade and a half, the U.S. Supreme Court has acted directly contrary to this conventional wisdom. These cases range across many areas of substantive law-from commercial contracts and employee benefits to habeas and immigration, from patents and copyright to environmental law and national security. Throughout these disparate areas, the Court has consistently reinforced the line between legal and equitable remedies, and it has treated equitable remedies as having distinctive powers and limitations. This Article describes and begins to evaluate the Court's new equity cases. -
Indemnity Provisions in Maritime Contracts
University of Miami Law Review Volume 14 Number 1 Article 10 10-1-1959 Admiralty -- Indemnity Provisions in Maritime Contracts Michael C. Slotnick Follow this and additional works at: https://repository.law.miami.edu/umlr Part of the Law Commons Recommended Citation Michael C. Slotnick, Admiralty -- Indemnity Provisions in Maritime Contracts, 14 U. Miami L. Rev. 115 (1959) Available at: https://repository.law.miami.edu/umlr/vol14/iss1/10 This Case Noted is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. CASES NOTED ADMIRALTY-INDEMNITY PROVISIONS IN MARITIME CONTRACTS An employee of a stevedoring company was injured in the performance of a stevedoring contract between the stevedoring company and a ship- owner. The employee brought a libel against the shipowner, who impleaded the stevedoring company pursuant to an indemnity provision in the con- tract. The federal district court, having dismissed the libel on the merits, found the claim for indemnification to be moot. The court of appeals reversed and remanded the case for an adjudication of the shipowner's petition for indemnification, as well as a determination of the employee's damages. The district court, after determining the amount of damages, construed the indemnity provision to be governed by the law of the State of New York and denied recovery. Held, reversed: the shipowner was entitled to full indemnification; an indemnity provision in a stevedoring contract is governed by federal admiralty principles. -
Free Printable Last Will and Testament Georgia
Free Printable Last Will And Testament Georgia Stagey and follicular Bruce acclimates her Julius agree while Carlos silt some Bahai reposefully. When Cain transects his volutions slopes not rhapsodically enough, is Linoel improvisatory? Claude never enthralled any regiment scrounges unmurmuringly, is Thorny unrepealed and winded enough? Will usually conform to you to notarization information immediately increase your computer. Made me on a testament form an unlimited number, will and free printable testament is. It out of the patient authorization letter for and should jointly execute the section of hawkinsville, for the virus continues to all! Letter regarding your georgia for those closest to launch a testament and free printable georgia last will and testament in person who should i want to four days of. Trust fund should do your attorney who also signatories of the will as virginia. Wade and will and other documents you the forms depending on pulaski county will. It will and free printable georgia last will, or set it. Instead of missouri, last will and free printable testament: sample severance agreement contract is an affidavit can manually fill out and have a disabled in to download for? Its speed up your account all! Present it take care team was an overview if you may notarize the. Immigration and testament template to stop home and power of all powers generally means, this out properly and feed reader or dispute an application and free last will. Christians regularly read more, georgia last will is legal description of printable quitclaim form a testament form probate court read more. You were more about payment information of my ga firearms clerk, file type and testament and free printable georgia last will and testament form a trust to. -
The Cruise Passengers' Rights & Remedies 2016
PANEL SIX ADMIRALTY LAW: THE CRUISE PASSENGERS’ RIGHTS & REMEDIES 2016 245 246 ADMIRALTY LAW THE CRUISE PASSENGERS’ RIGHTS & REMEDIES 2016 Submitted By: HON. THOMAS A. DICKERSON Appellate Division, Second Department Brooklyn, NY 247 248 ADMIRALTY LAW THE CRUISE PASSENGERS’ RIGHTS & REMEDIES 2016 By Thomas A. Dickerson1 Introduction Thank you for inviting me to present on the Cruise Passengers’ Rights And Remedies 2016. For the last 40 years I have been writing about the travel consumer’s rights and remedies against airlines, cruise lines, rental car companies, taxis and ride sharing companies, hotels and resorts, tour operators, travel agents, informal travel promoters, and destination ground operators providing tours and excursions. My treatise, Travel Law, now 2,000 pages and first published in 1981, has been revised and updated 65 times, now at the rate of every 6 months. I have written over 400 legal articles and my weekly article on Travel Law is available worldwide on www.eturbonews.com Litigator During this 40 years, I spent 18 years as a consumer advocate specializing in prosecuting individual and class action cases on behalf of injured and victimized 1 Thomas A. Dickerson is an Associate Justice of the Appellate Division, Second Department of the New York State Supreme Court. Justice Dickerson is the author of Travel Law, Law Journal Press, 2016; Class Actions: The Law of 50 States, Law Journal Press, 2016; Article 9 [New York State Class Actions] of Weinstein, Korn & Miller, New York Civil Practice CPLR, Lexis-Nexis (MB), 2016; Consumer Protection Chapter 111 in Commercial Litigation In New York State Courts: Fourth Edition (Robert L. -
Last Will and Testament of Joshua Babcock
Transcribed May, 2012 by Teri Babcock. The terminology, spelling, punctuation, and capitalization are as they appear in the original. The long “s” was transcribed as a regular “s”. Last Will and Testament of Joshua Babcock I Joshua Babcock of Westerly in Kings County in the State of Rhode Island be[?] Physician being in good Health of Body & Soundness of Mind & Memory Gods Name be praised do make this my last Will & Testament to wit [MS. illegible] I give to my Son Henry Babcock the Use and improvement of the Farm he Now lives on [MS. illegible] in Stonington in Connecticut together with the House & Buildings thereon in the Manner following, that is to say, He shall not lease let or by any Means convey part with, or suffer to be let or hired out any part or whole of s’d Buildings or Farm to any person or persons whatever during his Life & whenever my Executors shall think fit to turn him & his off from s’d Farm & out of s’d House they are fully authorized & impowered hereby so to do and to let and improve it and to let and improve it as they shall think best, and the Net Profits to be appropriated to the benefit of s’d Henry and his Family according to my Executors Discretion and after the Death of s’d Henry or after my Grand Son Paul Son of s’d Henry shall arrive to the Age of Twenty five years he (by the Judgment of my Executors) shall have Liberty to Enter on s’d Farm & Buildings and improve the same during the Life of his Father & Mother (She continuing a Widow to my Son Henry and No longer) or either which shall live the longest and -
Ship Arrests in Practice 1 FOREWORD
SHIP ARRESTS IN PRACTICE ELEVENTH EDITION 2018 A COMPREHENSIVE GUIDE TO SHIP ARREST & RELEASE PROCEDURES IN 93 JURISDICTIONS WRITTEN BY MEMBERS OF THE SHIPARRESTED.COM NETWORK Ship Arrests in Practice 1 FOREWORD Welcome to the eleventh edition of Ship Arrests in Practice. When first designing this publication, I never imagined it would come this far. It is a pleasure to announce that we now have 93 jurisdictions (six more than in the previous edition) examined under the questionnaire I drafted years ago. For more than a decade now, this publication has been circulated to many industry players. It is a very welcome guide for parties willing to arrest or release a ship worldwide: suppliers, owners, insurers, P&I Clubs, law firms, and banks are some of our day to day readers. Thanks are due to all of the members contributing to this year’s publication and my special thanks goes to the members of the Editorial Committee who, as busy as we all are, have taken the time to review the publication to make it the first-rate source that it is. The law is stated as of 15th of January 2018. Felipe Arizon Editorial Committee of the Shiparrested.com network: Richard Faint, Kelly Yap, Francisco Venetucci, George Chalos, Marc de Man, Abraham Stern, and Dr. Felipe Arizon N.B.: The information contained in this book is for general purposes, providing a brief overview of the requirements to arrest or release ships in the said jurisdictions. It does not contain any legal or professional advice. For a detailed synopsis, please contact the members’ law firm. -
Volume Contracts of Affreightment – Some Features and Principles
Volume Contracts of Affreightment – Some Features and Principles Lars Gorton 1 Introduction ………………………………………………………………….…. 62 1.1 General Background ……………………………………………………… 62 1.2 Some Contractual Points …………..……………………………………... 62 1.3 Frame Agreements ………………………………………………………... 64 1.4 Some General Points Related to Distributorship Agreements and Volume Contracts ………………………………………. 66 1.5 Some Further Overriding Points ……………………………………….…. 67 2 Contract Forms ………………………………………………………………… 68 3 Law, Contract and Terminology ……………………………………………… 69 4 The SMC Rules on Volume Contracts ……………………………………..…. 70 5 Characteristics of COA’s ……………………………………………………… 71 6 The Generic Nature of the COA ………………………………………………. 72 7 Some of the Parameters of the COA ………………………...……………….. 76 7.1 The Ships Involved Under the Volume Contract ………………………… 76 7.2 Time Elements in Connection with COA’s ………………………………. 76 7.3 Cargo and Cargo Quantity and Planning of Voyages ………………….… 77 8 Breach and Consequences of Breach …………………………………………. 78 8.1 Generally, Best Efforts and Cooperation …………………………………. 78 8.2 Consequences of the Owners’s Breach …………………………………... 78 8.3 Consequences of the Charterer’s Breach …………………………………. 78 9 Some Comparisons with Distributorship Agreements in English Law ….…. 78 10 Some COA Cases Involving “Evenly spread” ……………………………….. 82 10.1 “Evenly spread” …………………………………………………………... 82 10.2 Mitigation of Damages …………………………………………………… 85 11 Freight, Demurrage and Similar ……………………………………………… 88 11.1 General Points ………..…………………………………………………... 88 11.2 Freight Level ……………………………………………………………..