A Trying Balance: Determining the Trier of Fact in Hybrid Admiralty-Civil Cases
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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. -
Brief Amicus Curiae of the District Attorneys Association of the State of New York and the National District Attorneys Association in Support of Respondent
No. 20-637 IN THE Supreme Court of the United States DARRELL HEMPHILL, Petitioner, v. NEW YORK, Respondent. ON WRIT OF CERTIORARI TO THE COURT OF APPEALS OF NEW YORK BRIEF AMICUS CURIAE OF THE DISTRICT ATTORNEYS ASSOCIATION OF THE STATE OF NEW YORK AND THE NATIONAL DISTRICT ATTORNEYS ASSOCIATION IN SUPPORT OF RESPONDENT J. ANTHONY JORDAN CYRUS R. VANCE, JR. President District Attorney DISTRicT ATTORNEYS ASSOciATION New York County OF THE STATE OF NEW YORK HILARY HASSLER Three Columbia Place Chief of Appeals Albany, New York 12210 DAvid M. COHN* (518) 598-8968 DIANA WANG Counsel for Amicus Curiae Assistant District Attorneys District Attorneys One Hogan Place Association of the State New York, NY 10013 of New York (212) 335-4098 [email protected] Counsel for Amici Curiae (For Continuation of Appearances See Inside Cover) * Counsel of Record 306644 BILLY WEST President NATIONAL DISTRicT ATTORNEYS ASSOciATION 1400 Crystal Drive, Suite 330 Arlington, VA 22202 (703) 549-9222 Counsel for Amicus Curiae National District Attorneys Association TABLE OF CONTENTS Page TABLE OF CITED AUTHORITIES .......................... ii Interest of the Amici Curiae .......................................1 Summary of Argument ...............................................2 Argument .....................................................................3 A. As courts have long recognized, a party may, through its litigation strategy, lose the right to assert a legal claim .......................................3 B. New York’s “opening the door” rule promotes fair -
The Analysis and Decision of Summary Judgment Motions· a Monograph on Rule 56 of the Federal Rules of Civil Procedure
If you have issues viewing or accessing this file contact us at NCJRS.gov. The Analysis and Decision of Summary Judgment Motions· A Monograph on Rule 56 of the Federal Rules of Civil Procedure \f1 (»" It Judicial Center ~ ~ The Federal Judicial Center Board The Chief Justice of the United States, Chairman Judge Edward R. Becker U.S. Court of Appeals for the Third Circuit Judge J. Harvie Wilkinson III U.S. Court of Appeals for the Fourth Circuit Judge Martin L. C. Feldman U.S. District Court for the Eastern District of Louisiana Judge Diana E. Murphy U.S. District Court for the District of Minnesota Judge David D. Dowd, Jr. U.S. District Court for the Northern District of Ohio Judge Sidney B. Brooks U.S. Bankruptcy Court for the District of Colorado Honorable 1. Ralph Mecham Director of the Administrative Office of the U.S. Courts Director Judge William W Schwarzer Deputy Director Russell R. Wheeler Division Directors Steven A. Wolvek, Court Education Division Denis J. Hauptly, Judicial Education Division Sylvan A. Sobel, Publications & Media Division William B. Eldridge, Research Division Federal Judicial Center, 1520 H Street, N.W., Washington, DC 20005 1 ~•. ~ .. ~:' i ' NCJRS· MAR 4 199? ACQUISITIONS The Analysis and Decision of Summary Judgment Motions A Monograph on Rule 56 of the Federal Rules of Civil Procedure William W Schwarzer Alan Hirsch David J. Barrans Federal Judicial Center 1991 This publication was produced in furtherance of the Center's statutory mis sion to conduct and stimulate research and development on matters of judi cial administration. The statements, conclusions, and points of view are those of the authors. -
Glossary of Legal Terms
GLOSSARY OF LEGAL TERMS This glossary defines a number of terms in common legal use. Many books on the law for non-lawyers contain glossaries. Check your library or bookstore. See especially, Lile Denniston’s The Reporter and the Law (New York: Hastings House, 1980), Barron’s Dictionary of Legal Terms (New York: Barron’s Educational Series, 1998) and Black’s Law Dictionary (West Publishing Company, Minneapolis). acquittal A finding of “not guilty,” certifying the innocence of a person charged with a crime. adversary system The trial methods used in the U.S. and some other countries, based on the belief that the trust can best be determined by giving opposing parties full opportunity to present and establish their evidence, and to test by cross-examination the evidence presented by their adversaries, under established rules of procedure before an impartial judge and/or jury. alternative dispute resolution Processes that people can use to help resolve conflicts rather than going to court. Common ADR methods include mediation, arbitration and negotiation. Amicus curiae A friend of the court; one not a party to the case who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it. appeal A request by the losing party in a lawsuit that the judgment be reviewed by a higher court. appellant The party who initiates an appeal. Sometimes called a petitioner. appellate court A court having jurisdiction to hear appeals and review a trial court’s decision. appellee The party against whom an appeal is taken, sometimes called a respondent. -
All Mixed up About Mixed Questions
The Journal of Appellate Practice and Process Volume 7 Issue 1 Article 7 2005 All Mixed Up about Mixed Questions Randall H. Warner Follow this and additional works at: https://lawrepository.ualr.edu/appellatepracticeprocess Part of the Jurisprudence Commons, and the Rule of Law Commons Recommended Citation Randall H. Warner, All Mixed Up about Mixed Questions, 7 J. APP. PRAC. & PROCESS 101 (2005). Available at: https://lawrepository.ualr.edu/appellatepracticeprocess/vol7/iss1/7 This document is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in The Journal of Appellate Practice and Process by an authorized administrator of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. THE JOURNAL OF APPELLATE PRACTICE AND PROCESS ARTICLES ALL MIXED UP ABOUT MIXED QUESTIONS* Randall H. Warner** I. INTRODUCTION "Elusive abominations."' Among the countless opinions that wrestle with so-called "mixed questions of law and fact," one from the Court of Claims best summed up the problem with these two words. The Ninth Circuit was more direct, if less poetic, when it said that mixed question jurisprudence "lacks clarity and coherence."2 And as if to punctuate the point, Black's Law Dictionary offers a definition that is perfectly clear and perfectly circular: "A question depending for solution on questions of both law and fact, but is really a question3 of either law or fact to be decided by either judge or jury." * © 2005 Randall H. Warner. All rights reserved. ** The author is an appellate lawyer with the Phoenix firm of Jones, Skelton & Hochuli, PLC. -
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. -
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. -
1 in the UNITED STATES DISTRICT COURT for the DISTRICT of MARYLAND : : American Steamship Owners' Mutual : Protection and Inde
Case 1:08-cv-02195-CCB Document 111 Filed 05/01/12 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : : American Steamship Owners’ Mutual : Protection and Indemnity Association, Inc. : : Civil No. CCB-08-2195 v. : IN ADMIRALTY : Dann Ocean Towing, Inc., et al. : : : MEMORANDUM This case arises out of a marine insurance contract between American Steamship Owners Mutual Protection and Indemnity Association, Inc. (“American Club” or the “Club) and Dann Ocean Towing, Inc. and its subsidiary Dann Towing Company (collectively “DOT”). American Club has sued the defendants for breach of marine contract, and the defendants have counterclaimed for breach of the same contract. At issue is the timeliness of the parties’ claims and counterclaims and, specifically, whether the claims arising from the contract are governed by laches or the New York state statute of limitations. For the reasons set forth below, the court finds that by virtue of the choice-of-law provision in the marine contract, the claims and counterclaims at issue are governed by New York’s six-year statute of limitations for contract actions. BACKGROUND The facts of this case have been recited in detail in the court’s previous rulings. See Steamship I, 2010 WL 3447651 (D. Md. Aug. 30, 2010), and Steamship II, 2011 WL 3471524 (D. Md. Aug. 8, 2011). In brief, American Club is a non-profit mutual protection and indemnity 1 Case 1:08-cv-02195-CCB Document 111 Filed 05/01/12 Page 2 of 9 association that provides marine insurance to ship owners, their managers, and charterers against third-party liabilities encountered in their commercial operation of vessels. -
1Judge John Holland and the Vice- Admiralty Court of the Cape of Good Hope, 1797-1803: Some Introductory and Biographical Notes (Part 1)
1JUDGE JOHN HOLLAND AND THE VICE- ADMIRALTY COURT OF THE CAPE OF GOOD HOPE, 1797-1803: SOME INTRODUCTORY AND BIOGRAPHICAL NOTES (PART 1) JP van Niekerk* ABSTRACT A British Vice-Admiralty Court operated at the Cape of Good Hope from 1797 until 1803. It determined both Prize causes and (a few) Instance causes. This Court, headed by a single judge, should be distinguished from the ad hoc Piracy Court, comprised of seven members of which the Admiralty judge was one, which sat twice during this period, and also from the occasional naval courts martial which were called at the Cape. The Vice-Admiralty Court’s judge, John Holland, and its main officials and practitioners were sent out from Britain. Key words: Vice-Admiralty Court; Cape of Good Hope; First British Occupation of the Cape; jurisdiction; Piracy Court; naval courts martial; Judge John Holland; other officials, practitioners and support staff of the Vice-Admiralty Court * Professor, Department of Mercantile Law, School of Law, University of South Africa. Fundamina DOI: 10.17159/2411-7870/2017/v23n2a8 Volume 23 | Number 2 | 2017 Print ISSN 1021-545X/ Online ISSN 2411-7870 pp 176-210 176 JUDGE JOHN HOLLAND AND THE VICE-ADMIRALTY COURT OF THE CAPE OF GOOD HOPE 1 Introduction When the 988 ton, triple-decker HCS Belvedere, under the command of Captain Charles Christie,1 arrived at the Cape on Saturday 3 February 1798 on her fifth voyage to the East, she had on board a man whose arrival was eagerly anticipated locally in both naval and legal circles. He was the first British judicial appointment to the recently acquired settlement and was to serve as judge of the newly created Vice-Admiralty Court of the Cape of Good Hope. -
Indicators of Sovereign Ideology
Law Enforcement Sensitive Version 1 Indicators of Sovereign Ideology A Basic Guide for Law Enforcement This document serves as an aide for law enforcement and is intended to be used as a reference tool only. Law enforcement officials should develop independent probable cause when conducting investigations. Information presented is for situational awareness and is NOT indicative of criminal activity or threat of violence. Translation: Force of the County Bumper Stickers US Statute used to illustrate an individual is not a “corporate” citizen but an “American National” Uniform Commercial Code Flags and Insignias Republic of Alabama Flag RuSA present in Tennessee Distress Flag “Civil Flag” Moorish Sovereign Citizens Flags and Specific to Insignias Washitaw Prominent, but not limited to, the western region of Tennessee. This is a legitimate Common: Moorish Washitaw organizational “Moorish American flag. This has been National Government” used by individuals Mu’ur adhering to sovereign citizen ideology. Cherokee Country/Nation Cherokee Country Turtle Island Prominent in the eastern region of Tennessee. Logos on documentation to include driver license, vehicle registration or license plates. Common Turtle Island Cherokee Nation of Indians Cherokee Country Little Shell Law Enforcement Sensitive Law Enforcement Sensitive Posters and License Plates Version 1 Posters have been found taped to vehicle windows and at the entrance of property. Tags may infer diplomatic status Republic of Alabama License Plate Religious Symbols Religious symbols, specifically those of the Pope or Vatican, have been used due to their established sovereignty. This concept appeals to some sovereign ideologies in the United States, and formulates one of the foundations of their belief system. -
Stevedoring Level 1
LEARNERS GUIDE Transport and Logistics - Stevedoring Level 1 Commonwealth of Learning (COL) Virtual University for Small States of the Commonwealth (VUSSC) Copyright The content contained in this course’s guide is available under the Creative Commons Attribution Share-Alike License. You are free to: Share – copy, distribute and transmit the work Remix – adapt the work. Under the following conditions: Attribution – You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work). Share Alike – If you alter, transform, or build upon this work, you may distribute the resulting work only under the same, similar or a compatible license. For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do this is with a link to this web page. Any of the above conditions can be waived if you get permission from the copyright holder. Nothing in this license impairs or restricts the author’s moral rights. http://creativecommons.org/licenses/by-sa/3.0/ Commonwealth of Learning (COL) December 2009 The Commonwealth of Learning 1055 West Hastings St., Suite 1200 Vancouver BC, V6E 2E9 Canada Fax: +1 604 775-8210 E-mail: [email protected] Website: www. www.col.org/vussc Acknowledgements The VUSSC Team wishes to thank those below for their contribution to this Transport and Logistics / Stevedoring - Level 1 learners’ guide. Alexandre Alix Bastienne Seychelles, Africa Fritz H. Pinnock Jamaica, Caribbean Mohamed Liraar Maldives, Asia Ibrahim Ajugunna Jamaica, Caribbean Maxime James Antigua and Barbuda, Caribbean Griffin Royston St Kitts and Nevis, Caribbean Vilimi Vakautapola Vi Tonga, Pacific Neville Asser Mbai Namibia, Africa Kennedy Glenn Lightbourne Bahamas, Caribbean Glenward A. -
Officer Safety- Sovereign Citizens- Supplemental Information
Officer Safety- Sovereign Citizens- Supplemental Information Domestic Terrorism The Sovereign Citizen Movement 04/13/10- FBI Domestic terrorism—Americans attacking Americans because of U.S.-based extremist ideologies—comes in many forms in our post 9/11 world. To help educate the public, we’ve previously outlined two separate domestic terror threats—eco- terrorists/animal rights extremists and lone offenders. Today, we look at a third threat—the “sovereign Some examples of illegal license plates citizen” extremist movement. Sovereign citizens used by so-called sovereign citizens. are anti-government extremists who believe that even though they physically reside in this country, they are separate or “sovereign” from the United States. As a result, they believe they don’t have to answer to any government authority, including courts, taxing entities, motor vehicle departments, or law enforcement. This causes all kinds of problems—and crimes. For example, many sovereign citizens don’t pay their taxes. They hold illegal courts that issue warrants for judges and police officers. They clog up the court system with frivolous lawsuits and liens against public officials to harass them. And they use fake money orders, personal checks, and the like at government agencies, banks, and businesses. That’s just the beginning. Not every action taken in the name of the sovereign citizen ideology is a crime, but the list of illegal actions committed by these groups, cells, and individuals is extensive (and puts them squarely on our radar). In addition to the above, sovereign citizens: Commit murder and physical assault; Threaten judges, law enforcement professionals, and government personnel; Impersonate police officers and diplomats; Use fake currency, passports, license plates, and driver’s licenses; and Engineer various white-collar scams, including mortgage fraud and so-called “redemption” schemes.