Monthly Archives: January 2014

The Practical Effects of Lozman

lozman

Read Mr. Brock’s article addressing the effects of Lozman on the towing, finance, and insurance industries here. Read More »

The Changing Contours of Maintenance and Cure

maintenance

Read Mr. Walsh’s article that explores recent changes to maintenance and cure law here. Read More »

The BP B1 Bundle Ruling

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Read Professor Constonis’s article on federal statutory displacement of general maritime law here. Read More »

Volume 38, Issue 1, of the TMLJ is Now Available!

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The first issue of Volume 38 of the Tulane Maritime Law Journal is now available in both print and digital format. A big thank you to all of our authors and editors! Read More »

Salvaging Federal Admiralty Jurisdiction: The Eleventh Circuit Advances a Modern Test for Waterway Navigability in Aqua Log, Inc. v. Lost & Abandoned Pre-Cut Logs & Rafts of Logs

A market for submerged logs has surfaced as a result of sunken timber’s suitability for specialized purposes. Aqua Log, Inc., a company that finds and sells such timber, discovered sunken logs in two Georgia waterways: the Flint River and its tributary Spring Creek. Aqua Log used the waterways to transport three logs that it initially retrieved, but many more remained. Portions of the Flint River ... Read More »

Strong Headwinds: Statutes, Responsibility-Shifting, and Public Policy Continue to Frustrate Indemnity Agreements in the Offshore Oil and Gas Industry

Indemnity clauses are a routine feature of modern contracts. Yet, they represent one of the foremost challenges facing maritime practitioners. In particular, practitioners drafting and litigating contracts for clients in the offshore oil and gas industry must navigate unique statutory, financial responsibility, and public policy hurdles to enforce indemnity provisions. Despite considerable literature discussing the subject, the validity of indemnity clauses remains unclear. Recent case ... Read More »

Cross-Border Insolvency in the Maritime Context: The United States’ Territorialism vs. Singapore’s Territorialism

Cross-border insolvencies may not have been familiar to the maritime industry a decade ago, but unfortunately for many international shipping companies, they have become increasingly commonplace in recent years. As a result of the worldwide decline in demand for goods, rising oil prices, and an oversupply of oceangoing vessels, marine transportation companies, such as Overseas Shipholding Group and Korea Line Corporation, have been forced to ... Read More »

Crisis Averted: The Supreme Court Rejects a Subjective Vessel Status Test in Lozman v. City of Riviera Beach

Envision Tom, Huck, and Jim in a bathtub paddling down the Mississippi River– is the bathtub a vessel? Common sense would tell us that the bathtub could not possibly be classified as a “vessel.” In recent years, however, many courts have interpreted precedent in such a broad manner as to allow these three famed fictitious adventurers travelling down the Mississippi in a tub to fit ... Read More »

Harbor Depth and Taxes: A Critical Examination of the Future of the Harbor Maintenance Taxes

The United States is blessed with remarkable maritime resources. With over 88,000 miles of tidal shoreline throughout the country, it is no wonder that the United States has always relied heavily on maritime commerce to fuel its economy. However, a troubling lack of meaningful investment in the ports and harbors of the United States has left much of the nation’s maritime infrastructure in an alarming ... Read More »

Novel Charters: Considering a New Approach to Protect Injured Third Parties Against Insolvent Charterers

Parties in the shipping industry have engaged in charter arrangements for centuries. Charter arrangements allow the parties to allocate the risks and costs of engaging in business by creating agreements that fit their particular needs. While parties’ liability to each other in traditional maritime charters is well established, parties may enter into nontraditional charter agreements in which liability to injured third parties is unclear. Thus, ... Read More »

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