The Law Of American Admiralty

Author : David W. Robertson,Steven F. Friedell,Michael F. Sturley
Publisher : Unknown
Page : 608 pages
File Size : 43,6 Mb
Release : 2008
Category : Admiralty
ISBN : UCSD:31822035353747

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Admiralty and Maritime Law in the United States by David W. Robertson,Steven F. Friedell,Michael F. Sturley Pdf

The maritime law of the United States is harmonious in broad outline with the laws of other maritime nations, but it has a unique structure--tied to the U.S. Constitution and the Judiciary Act of 1789--entailing a special set of intellectual challenges. Admiralty and Maritime Law in the United States is a leading casebook that reveals the areas of international harmony and explores U.S. law's special features. Each of the authors is an admiralty expert, but the book strives for a generalist's perspective. It aims to tie the admiralty field into the students' other studies while providing the fundamental professional tools necessary to the advanced study or practice of U.S. maritime law. Instructors new to admiralty found the first edition of Admiralty and Maritime Law to be an orderly and user-friendly introduction to the field. Experienced admiralty professors found the book to be well organized and thorough. In the second edition, the authors have drawn on these reports and their own teaching experiences. The book's basic organization and approach have been retained, but much of the second edition is brand-new. Older cases have yielded to leading new ones, new textual material has been added, and older textual material has been deleted or streamlined. Many of the cases that carried over from the first edition have been edited into shorter versions. The second edition incorporates the body of admiralty statutes that came into effect in October 2006 and the reformulated ("plain English") Federal Rules of Civil Procedure that took effect in December 2007. It includes the Supreme Court's dramatic new decisions in Stewart v. Dutra Construction Co., Norfolk Southern Railway v. Kirby, Norfolk Southern Railway v. Sorrell, and even--in a stop-the-press one-page summary--the June 2008 Exxon Valdez punitive damages case. When asked to identify the best new feature of the second edition, the authors respond: "There are 70 fewer pages of text." In three semester hours, one can teach all of it. For shorter or more ruminatively paced courses, the Teacher's Manual provides suggestions on what to omit. A 2012 Teacher's Manual is available as of July 2012; there is also a 2013-14 Supplement.

Author : Steven L. Snell
Publisher : Unknown
Page : 502 pages
File Size : 55,5 Mb
Release : 2007
Category : Admiralty
ISBN : UCSC:32106018867652

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Courts of Admiralty and the Common Law by Steven L. Snell Pdf

Courts of Admiralty and the Common Law examines the origins of American admiralty jurisdiction. Drawing from a vast array of primary sources, ranging from Roman law to English records of the medieval and early modern periods, the author traces the development of English admiralty practice that provided the legal heritage of the new American nation. The book provides details of how the English High Court of Admiralty and its civil-law practitioners became embroiled in the struggle between Crown and Parliament in the seventeenth century, losing much of their traditional jurisdiction to the courts of common law at a time when the American colonies were just beginning to establish specialized tribunals for hearing maritime cases. With maritime jurisdiction in flux in the mother country, the Americans were free to adopt ad hoc solutions to the problem of jurisdiction, creating a system in which both the colonial common-law courts and the newly established colonial vice admiralty courts had concurrent power to adjudicate a wide range of maritime claims. Courts of Admiralty and the Common Law also sheds fresh light on the origins of the federal judiciary, showing how the debate over maritime jurisdiction was instrumental both in shaping the language of Article III of the Constitution and later in determining the structure of the federal courts in the Judiciary Act of 1789. Building upon an assortment of materials from the Constitutional Convention, the states' ratifying conventions, and other contemporary sources, the author explores the pivotal role that the debate over maritime jurisdiction played in determining the structure of the federal courts and explains the reasons underlying the first Congress' decision to grant concurrent jurisdiction over some maritime cases to the states' courts of common law. When the first Congress incorporated concurrent state/federal jurisdiction over several classes of maritime claims into the Judiciary Act of 1789, the author argues, it had not created a novel jurisdictional system, but merely had preserved the status quo established long ago in the colonial era. Congress had disregarded the dangers usually associated with two separate sets of courts interpreting the same body of substantive law, assuming that the lex maritima, as part of the law of nations, would be applied uniformly in both state and federal courts. Soon, however, both new technology, such as the introduction of steam power in maritime commerce, and changing views regarding the law of nations would challenge that assumption. As the original reasons for granting concurrent jurisdiction unraveled, American judges in the early nineteenth century sought to make overlapping jurisdiction work in a changing world. Courts of Admiralty and the Common Law concludes with an assessment of whether concurrent state/federal maritime jurisdiction continues to serve a practical purpose in the twenty-first century, examining how tensions between conflicting state and federal substantive rules may serve the greater interests of federalism and commerce. "Through his thorough account of the shipping industry's rise and fall and of the challenges admiralty jurisdiction posed to ideas about federalism, Professor Snell shows how commerce influenced the development of our unique governmental structure." -- Harvard Law Review "For those with an interest in the development in American courts of a distinct jurisdiction in cases sufficiently related to waterborne transport, this book should fit neatly between that of Prichard and Yale on the one hand and Robertson on the other. It is more comprehensive in research and perspective, synthetic in process, and thematic in design than the former. It offers more evidence than the latter and it addresses controversies that have ripened since 1970." -- Journal of Maritime Law and Commerce

Author : Gerard J. Mangone
Publisher : Martinus Nijhoff Publishers
Page : 340 pages
File Size : 50,9 Mb
Release : 1997-05-29
Category : Law
ISBN : 9041104178

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United States Admirality Law by Gerard J. Mangone Pdf

Knowledge about the application of law to maritime commerce not only may prove financially profitable but also provides an exciting intellectual trip through the historical and legal developments behind commercial activities that depend upon the sea. This work analyzes the growth and formation of maritime law across the centuries, including its origin as England s admiralty law and its adoption into the United States Constitution. It sets out information on the jurisdiction and law appropriate for the carriage of goods by sea, personal injuries and death collisions, salvage and wrecks, marine insurance, and marine pollution. Lawyers, professors, and students of law and anyone involved in marine transportation - carriers, shippers, port managers, freight forwarders, and others - will appreciate this book's succinct and readable style. It includes references to statutes, conventions, and cases - including some historical and social background to enliven and clarify the development of admiralty and maritime law in the United States.

Author : Grant Gilmore,Charles Lund Black,Charles Lund Black (Jr.)
Publisher : West Publishing Company
Page : 1144 pages
File Size : 49,9 Mb
Release : 1975
Category : Law
ISBN : STANFORD:36105044431935

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The Law of Admiralty by Grant Gilmore,Charles Lund Black,Charles Lund Black (Jr.) Pdf

Author : Erastus Cornelius Benedict
Publisher : Unknown
Page : 694 pages
File Size : 48,9 Mb
Release : 1850
Category : Admiralty
ISBN : HARVARD:32044051049823

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The American Admiralty, Its Jurisdiction and Practice by Erastus Cornelius Benedict Pdf

Author : E.C. Benedict
Publisher : Рипол Классик
Page : 825 pages
File Size : 46,6 Mb
Release : 1870
Category : History
ISBN : 9785873824137

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The American admiralty, its jurisdiction and practice by E.C. Benedict Pdf

Author : Mangone
Publisher : Martinus Nijhoff Publishers
Page : 326 pages
File Size : 40,5 Mb
Release : 2023-09-14
Category : Law
ISBN : 9789004638457

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United States Admiralty Law by Mangone Pdf

Knowledge about the application of law to maritime commerce not only may prove financially profitable but also provides an exciting intellectual trip through the historical and legal developments behind commercial activities that depend upon the sea. This work analyzes the growth and formation of maritime law across the centuries, including its origin as England s admiralty law and its adoption into the United States Constitution. It sets out information on the jurisdiction and law appropriate for the carriage of goods by sea, personal injuries and death collisions, salvage and wrecks, marine insurance, and marine pollution. Lawyers, professors, and students of law and anyone involved in marine transportation - carriers, shippers, port managers, freight forwarders, and others - will appreciate this book's succinct and readable style. It includes references to statutes, conventions, and cases - including some historical and social background to enliven and clarify the development of admiralty and maritime law in the United States.

Author : Erastus Cornelius Benedict
Publisher : Unknown
Page : 804 pages
File Size : 50,6 Mb
Release : 1910
Category : Admiralty
ISBN : STANFORD:36105044787161

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The American Admiralty, Its Jurisdiction and Practice by Erastus Cornelius Benedict Pdf

Author : Erastus C. Benedict
Publisher : The Lawbook Exchange, Ltd.
Page : 667 pages
File Size : 51,6 Mb
Release : 2009-10
Category : Law
ISBN : 9781616190194

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The American Admiralty by Erastus C. Benedict Pdf

Benedict, Erastus C. The American Admiralty: Its Jurisdiction and Practice with Practical Forms and Directions. New York: Banks, Gould & Co., 1850. xiii, 651 pp. Reprinted 2010 by the Lawbook Exchange, Ltd. ISBN-13: 9781616190194. Paperback. New. $35. * Reprint of the first edition. At the time of its publication there were other popular treatises on the subject in use by American lawyers, but the particularly American viewpoint and practicality of Benedict's treatise enabled it to surpass the others. Now in its seventh edition, it is still the premier work on the subject. In addition to covering American maritime law and practice in the courts, Benedict includes comprehensive discussions of trial by jury, the ancient jurisdiction of the English admiralty, the strife between the Common Law Courts and the Admiralty in the 16th and 17th centuries, the English admiralty at the time of the American Revolution; and the admiralty jurisdiction of the state courts of admiralty, the British colonies, Scotland and Ireland, France and other portions of Continental Europe. An appendix contains rules for the United States Supreme Court, the United States District and Circuit Courts and fee schedules, statutes and forms. Benedict [1800-1880], a noted lawyer and educator, was considered "one of the foremost admiralty lawyers of his day." Dictionary of American Biography I: 177.

Author : Nicholas J. Healy,David J. Sharpe
Publisher : Unknown
Page : 956 pages
File Size : 40,8 Mb
Release : 1986
Category : Law
ISBN : UVA:35007000287049

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Cases and Materials on Admiralty by Nicholas J. Healy,David J. Sharpe Pdf

Author : John Elihu Hall
Publisher : The Lawbook Exchange, Ltd.
Page : 248 pages
File Size : 44,7 Mb
Release : 2005
Category : Admiralty
ISBN : 9781584775126

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The Practice and Jurisdiction of the Court of Admiralty by John Elihu Hall Pdf

Originally published: Baltimore: Geo. Dobbin and Murphy, 1809. xxviii, iv, 211, [5] pp. Reprint of the first significant American treatise on admiralty law. Hall's treatise includes a history of Anglo-American admiralty law.

Author : Robert Force
Publisher : Unknown
Page : 256 pages
File Size : 50,8 Mb
Release : 2004
Category : Admiralty
ISBN : PURD:32754076836927

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Admiralty and Maritime Law by Robert Force Pdf

This monograph introduces federal judges to admiralty and maritime law, including both general maritime and statutory law. The author examines the rules relating to jurisdiction and procedure that are peculiar to this field. Topics include areas relating to commercial law, such as charter parties, carriage of goods, and marine insurance. The Carriage of Goods by Sea Act, the Pomerene Act, and the Harter Act receive extensive treatment. The monograph explains the body of law dealing with maritime personal injury and death, including damages and seamen's remedies, the Jones Act, and the Longshore and Harbor Workers' Compensation Act. Collision, towage, pilotage, salvage, limitation of liability, maritime liens, and general average are also covered.

Author : F. L. Wiswall
Publisher : Cambridge University Press
Page : 270 pages
File Size : 55,5 Mb
Release : 1970
Category : History
ISBN : 0521077516

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The Development of Admiralty Jurisdiction and Practice Since 1800 by F. L. Wiswall Pdf

Dr Wiswall examines the development of jurisdiction and practice in the field of Admiralty Law in England, with American comparisons, during the nineteenth and twentieth centuries; the work is largely organized around the Court of Admiralty from 1798 onwards. The judgeships of Lord Stowell, Dr Lushington, Sir Robert Phillimore and Sir Francis Jeune, in England, are considered in some detail, and also those of Mr Justice Story, Judge Ashur Ware and Judge Addison Brown in the United States. One chapter is devoted to an examination of the dissolution of Doctors' Commons (the unique body of English civil lawyers). Development through case law, statutes and rules is the technical side of this study - an exposition not so much of the development of legal principles themselves as of their application. 'The last chapter turns to a study of the evolution of the substantive law regarding personal liability in Admiralty actions in rem, illustrating the divergence between the English and American law, and the effect upon and repercussions in international maritime law.

Author : Erastus Cornelius Benedict,Arnold Whitman Knauth
Publisher : Unknown
Page : 1672 pages
File Size : 54,9 Mb
Release : 1994
Category : Admiralty
ISBN : PSU:000006002480

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Law of American Admiralty, Its Jurisdiction and Practice by Erastus Cornelius Benedict,Arnold Whitman Knauth Pdf

Author : Erastus Cornelius Benedict
Publisher : Unknown
Page : 402 pages
File Size : 53,5 Mb
Release : 1940
Category : Admiralty
ISBN : STANFORD:36105063368695

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The Law of American Admiralty by Erastus Cornelius Benedict Pdf