The Admiralty Jurisdiction In America
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Author | : David W. Robertson |
Publisher | : |
Total Pages | : 608 |
Release | : 2008 |
Genre | : Law |
ISBN | : |
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 | : John Elihu Hall |
Publisher | : |
Total Pages | : 252 |
Release | : 1809 |
Genre | : Admiralty |
ISBN | : |
Author | : Nigel Meeson |
Publisher | : Taylor & Francis |
Total Pages | : 1022 |
Release | : 2013-06-19 |
Genre | : Law |
ISBN | : 1135118108 |
Admiralty Jurisdiction and Practice is the definitive work on litigation in the Admiralty Court, providing in depth analysis and explanation of jurisdiction, practice and procedure, forms and precedents. It deals with several issues, not covered elsewhere, including the impact of insolvency, the interplay between the jurisdiction and practice, the series of rules on jurisdiction laid down by international conventions , limitation periods and collision action rules. The fourth edition has been updated comprehensively to include new case law and changes in Commercial Court practice and procedure. Admiralty Jurisdiction and Practice is an invaluable reference source for anyone concerned with admiralty law.
Author | : David R. Owen |
Publisher | : |
Total Pages | : 472 |
Release | : 1995 |
Genre | : History |
ISBN | : |
The format of this book makes it attractive to both the general reader, interested in the bearing of the colonial period on the development of American law in the early years of the Republic, and the specialist, interested in how these courts worked, who used them and with what results. The main text describes how the unique features of the English admiralty appeared, or failed to appear, in colonial America and came to influence federal admiralty law and practice today.
Author | : |
Publisher | : |
Total Pages | : 872 |
Release | : 1924 |
Genre | : Maritime law |
ISBN | : |
Author | : Erastus Cornelius Benedict |
Publisher | : |
Total Pages | : |
Release | : 2016 |
Genre | : Admiralty |
ISBN | : 9781579113971 |
Benedict on Admiralty is the most complete research tool in the field. All the materials you need to practice maritime law are in this one set, including:concise discussion of every current issueexplanations of court opinions and their implicationsreprints of hard-to-find primary source materialcharter parties and clausestreaties; admiralty rulesmarine insurance formspractice and procedure forms on a variety of maritime issuesBenedict on Admiralty provides indices, a comprehensive index to the entire set, detailed tables of contents, charts and tables ideally suited to admiralty law practice. You'll find all text discussion, cases and documents applicable to your case in one quick glance.
Author | : Grant Gilmore |
Publisher | : |
Total Pages | : 928 |
Release | : 1957 |
Genre | : Admiralty |
ISBN | : |
Author | : John A. C. Cartner |
Publisher | : Routledge |
Total Pages | : 874 |
Release | : 2013-03-01 |
Genre | : Law |
ISBN | : 113665397X |
A comprehensive review of the laws and regulations governing the shipmaster including customary law, case law, statutory law, treaty law and regulatory law, covering: • A brief history of the shipmaster • Manning and crewing requirements in relation to vessel registration • Comparison of regimes of law of agency for shipmasters and crews across jurisdictions • Examination of shipmaster liability (civil and criminal)
Author | : Matthew Taylor Raffety |
Publisher | : University of Chicago Press |
Total Pages | : 286 |
Release | : 2013-03-04 |
Genre | : History |
ISBN | : 0226924009 |
In the years before the Civil War, many Americans saw the sea as a world apart, an often violent and insular culture governed by its own definitions of honor and ruled by its own authorities. The truth, however, is that legal cases that originated at sea had a tendency to come ashore and force the national government to address questions about personal honor, dignity, the rights of labor, and the meaning and privileges of citizenship, often for the first time. By examining how and why merchant seamen and their officers came into contact with the law, Matthew Taylor Raffety exposes the complex relationship between brutal crimes committed at sea and the development of a legal consciousness within both the judiciary and among seafarers in this period. The Republic Afloat tracks how seamen conceived of themselves as individuals and how they defined their place within the United States. Of interest to historians of labor, law, maritime culture, and national identity in the early republic, Raffety’s work reveals much about the ways that merchant seamen sought to articulate the ideals of freedom and citizenship before the courts of the land—and how they helped to shape the laws of the young republic.
Author | : Gregory J. Durston |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 291 |
Release | : 2017-06-23 |
Genre | : History |
ISBN | : 1443873616 |
The growth in England and Britain’s merchant marine from the medieval period onwards meant that an increasing number of criminal offences were committed on or against the country’s vessels while they were at sea. Between 1536 and 1834, such crimes were determined at the Admiralty Sessions if brought to trial. This was a special part of the wider Admiralty Court, which, unlike the other forums in that tribunal, used English common law procedure rather than Roman civil law to try its cases. To a modest extent, this produced a ‘hybrid’ court, dominated by the common law but influenced by aspects of Europe’s other major legal tradition. The Admiralty Sessions also had their own (highly singular) regime for executing convicts, used the Marshalsea prison to hold their suspects and displayed the Admiralty Court’s ceremonial silver oar at their hearings and hangings. During the near three centuries of its existence, the Admiralty Sessions faced enormous legal and logistical problems. The crimes they tried might occur thousands of miles and months of sailing time away from England. Assembling evidence that would ‘stand up’ in front of a jury was a constant challenge, not least because of the peripatetic lives of the seafarers who provided most of their witnesses. The forum’s relationship with terrestrial criminal courts in England was often difficult and the demarcation between their respective jurisdictions was complicated and subject to change. Despite all of these problems, the court experienced significant successes, as well as notable failures, in its battle to deal with a litany of serious maritime crimes, ranging from piracy to murder at sea. It also spawned a series of Vice-Admiralty Courts in English and British colonies around the world. This book documents the origins, development and abolition of the Admiralty Sessions. It discusses all of the major crimes that were determined by the forum, and examines some of the more arcane and unusual offences that ended up there. Some of the unusual challenges presented by the maritime environment, whether the impossibility of preserving dead bodies at sea, the extensive power given to captains to physically punish sailors, the difficulty of securing suspects in small vessels, or the often gruesome problems occasioned by the marginal legal status of slaves, are also considered in detail.