Jason P. Minkin and Jonathan A. Cipriani (BatesCarey LLP) In Atlantic Marine Construction Co. v. United States District Court for Western District of Texas,[1] a unanimous Supreme Court of the United States ruled that a valid forum selection clause should be “given controlling weight in all but the most exceptional cases.”[2] Thus, the Court announced […]
Over the last few decades, computer software and web-based operations have sparked the rise of paperless transactions, shaping how people communicate, organize information, and do business. However, the shipping industry has failed to catch on. For years now, legal maritime commentators have urged the shipping industry to embrace electronic technology expeditiously. 2 Regardless, paper documents […]
Prior to the mid-twentieth century, the seas were virtually calm in the field of marine insurance, with uniformity of law existing in both Britain and the United States. Marine insurance laws between these countries developed from English jurisprudence originating between the seventeenth and nineteenth century. However, a distinct divergence emerged after the United States Supreme […]
*By James L. Pound. James is a member of the Tulane University Law School Class of 2017 and Graduate of the University of Georgia Class of 2014. James is a Notes and Comments Editor for the Tulane Maritime Law Journal and a member of the Maritime Law Association of the United States. He has a […]
*By Gordon Lamphere. Gordon is a Notes & Comments Editor for the Tulane Maritime Law Journal. Gordon is a member of the Tulane University Law School Class of 2017 and Graduate of St. Mary’s College of Maryland. He is a former professional sailor with a passion for maritime law, business, and policy. Possibly no executive transition […]
This Article focuses on the significant decisions that have emanated from Australian courts between November 2014 and November 2015, aside from one decision that is hot off the press at the time of writing. It aims to provide readers with an insight into Australian admiralty and maritime law and its development over this period. PURCHASE […]
This is the fifteenth Article in a series of annual reports on U.S. admiralty and maritime law and practice. In these articles we try to call attention to the principal national-level developments that bear on the work of admiralty judges, lawyers, and scholars, and we look more closely at the relevant work of the United […]
Technological advances in the maritime industry challenge governments’ abilities to regulate marine safety in protection of those who make a living exposed to the perils of the sea. Mobile Offshore Drilling Units exploit natural resources farther and farther from shore. Liquefied natural gas-propelled vessels under construction upend traditional safety inspector training programs. Meanwhile, Arctic drilling […]
Dear Tulane Maritime Law Journal Community, The Tulane Maritime Law Journal is saddened to learn of the loss of one of our founding members, Mr. Robert B. Fisher, Jr., who passed away on Monday, April 25. On behalf of the current Journal membership and the greater Journal community, we wish to extend our condolences […]