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

costonis

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

[custom_field field="author" this_post="1" limit="1" after=" | " none="no author found" between=", " /][custom_field field="type" this_post="1" limit="1" none="no type found" between=", " /] 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. ... Read More »

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

[custom_field field="author" this_post="1" limit="1" after=" | " none="no author found" between=", " /][custom_field field="type" this_post="1" limit="1" none="no type found" between=", " /] 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 ... Read More »

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

[custom_field field="author" this_post="1" limit="1" after=" | " none="no author found" between=", " /][custom_field field="type" this_post="1" limit="1" none="no type found" between=", " /] 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, ... Read More »

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

[custom_field field="author" this_post="1" limit="1" after=" | " none="no author found" between=", " /][custom_field field="type" this_post="1" limit="1" none="no type found" between=", " /] 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 ... Read More »

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

[custom_field field="author" this_post="1" limit="1" after=" | " none="no author found" between=", " /][custom_field field="type" this_post="1" limit="1" none="no type found" between=", " /] 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 ... Read More »

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

[custom_field field="author" this_post="1" limit="1" after=" | " none="no author found" between=", " /][custom_field field="type" this_post="1" limit="1" none="no type found" between=", " /] 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 ... Read More »

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