Category Archives: Journal

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 »

Situs Unraveled: Evaluating Methods for Determining Whether an Injury Site Qualifies as an LHWCA § 903(a) “Other Adjoining Area”

In order for injured workers to be eligible for compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA or Act), two general requirements–“situs” and “status”–must be satisfied. Fulfilling the elements of these requirements, however, is not always an easy task. In the four decades following the United States Congress’s passage of the 1972 Amendments to the LHWCA, confusion among the circuit courts of appeals ... Read More »

Wrongful Arrest of Ships: Rejoinder by the Honourable Mr. Justice Eder

Having campaigned for almost thirty years for a change in the law concerning “wrongful arrest,” I have read Professor Martin Davies’s response to my Article with great interest–and I frankly acknowledge that it is the best attempt at a “demolition job” that I have ever come across. He is to be congratulated! But I remain unpersuaded by his counterarguments and unrepentant about my own views ... Read More »

“Wrongful Arrest of Ships: A Time for Change” — A Reply to Sir Bernard Eder

I thank the Honourable Mr. Justice Bernard Eder for agreeing to deliver the 2013 William Tetley Lecture in Maritime Law, and also for having the good grace to allow me a short reply to his Article, in which I intend to restate some of the arguments in support of the orthodox position in relation to damages for wrongful arrest of ships. Read More »

The Changing Contours of Maintenance and Cure

Litigation concerning the seafarer’s right to maintenance and cure was initially robust in the early to middle part of the twentieth century, but declined considerably for some time as more lucrative remedies under the Jones Act and for breach of the warranty of seaworthiness developed. Between 1975 and 2010, a span of thirty-five years, the United States Supreme Court did not grant a petition for ... Read More »

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