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 […]
Justice Department Sends Clear Message to Marpol Violators: Carnival’s Princess Cruise Lines to Pay $40 million in Pollution Penalties
*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 […]
Trump’s Infrastructural Promises and the U.S. Maritime Transportation Industry
*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 […]
Vol. 38, Issue 2 Comment Presentations at Liskow & Lewis [VIDEO]
Presented by the ABA TIPS Admiralty & Maritime Law Committee. Graciously hosted by Liskow & Lewis. Featuring: Bryan J. Kitz — Introductory Remarks Albert D. Farr — Taxation of Marine Shipping Income: A Critique of U.S. Tax Laws in the Energy Transport Industry Allison Fish — The Potential Application of 18 U.S.C. § 1115 to Offshore Drilling […]
Barlow v. Liberty Maritime Corp.: The Second Circuit Rejects the Maritime Rescue Doctrine
The Tulane Maritime Law Journal is proud to present another installment in a series of forthcoming posts concerning recent developments in admiralty and maritime law written by members of the Tulane Maritime Law Journal. *This post has not undergone our full editorial process. By: Judy Fustok Barlow v. Liberty Maritime Corp.: The Second Circuit Rejects the Maritime […]
Regal-Beloit Revisited in the Reverse
Yaakov U. Adler | Essay In its landmark 2010 decision in Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp., the United States Supreme Court held that the Carriage of Goods by Sea Act (COGSA or Act), and not the Carmack Amendment (Carmack or Amendment), governed the inland rail segment of an inbound (overseas import) multimodal shipment under […]
PRC Shipbuilding Disputes in London Arbitration: The Threat of Parallel Proceedings in China and the Consequences and Possible Alternatives
Peter Murray and Lin Jiang | Essay Much is written about the legal system in China and how on the one hand it is biased in favour of local parties and on the other hand it is no more than a tool of the state. Recent cases in the maritime courts in China may give […]
The CMI and the Panacea of Uniformity – An Elusive Dream?
Stuart Hetherington | Essay This Article aims to explain the history that led to the formation of the (Comité Maritime International) CMI and to describe the work of the CMI–from which you can draw your own conclusions as to whether it has achieved its founders’ objectives. It will also refer to some of the work in which the CMI is […]
Defending Arctic Drilling Operations Against Environmentalist Pirates
James C. Winton and Justin T. Scott | Article This Article addresses the rights of a vessel owner/operator and an oil company engaged in exploration activities in remote Arctic ocean regions to protect its operations against those who would interfere with the vessels being used. It first addresses the scope of duties owed to those who are […]
Flagging the Floating Turbine Unit: Navigating Towards a Registerable, First-Ranking Security Interest in Floating Wind Turbines
Alexander Severance and Martin Sandgren | Article This Article explores the possibility of applying existing traditional international and domestic admiralty law to provide an internationally recognized first-ranking security interest in Floating Turbine Units (“FTUs”). If FTUs could be documented and registered as vessels or ships under the maritime laws of a country (flag state), as a general […]