Online Exclusives

Barlow v. Liberty Maritime Corp.: The Second Circuit Rejects the Maritime Rescue Doctrine

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The Tulane Maritime Law Journal is proud to present the 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 Rescue Doctrine George Barlow, a third mate of the ... Read More »

Regal-Beloit Revisited in the Reverse

Train

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 a through bill of lading. In the opinion drafted by ... Read More »

PRC Shipbuilding Disputes in London Arbitration: The Threat of Parallel Proceedings in China and the Consequences and Possible Alternatives

Chinese Ship

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 some support to the first view. This Article will review ... Read More »

The CMI and the Panacea of Uniformity – An Elusive Dream?

Boat Towing (CMI)

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 currently engaged, as well as identify areas of possible further ... Read More »

Defending Arctic Drilling Operations Against Environmentalist Pirates

Arctic Oil Rig

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 on board a vessel with the express or implied permission ... Read More »

Flagging the Floating Turbine Unit: Navigating Towards a Registerable, First-Ranking Security Interest in Floating Wind Turbines

Floating Wind Turbine

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 rule, it also should be possible to obtain a ship ... Read More »

Recent Developments: Removal of Maritime Claims from State to Federal Court

Removal

The Tulane Maritime Law Journal is proud to present another installment in a series of posts created by our members concerning recent developments in admiralty and maritime law.  Read More »

The New Removal Regime

Federal Court Removal

Matthew H. Ammerman | Essay This Essay will focus on (1) changes to the statutes governing removal of lawsuits by the “Federal Courts Jurisdiction and Venue Clarification Act of 2011” (Clarification Act) and (2) how those changes have been interpreted by courts within the United States Court of Appeals for the Fifth Circuit’s jurisdiction. The Clarification Act makes removal of maritime personal injury claims easier, especially when ... Read More »

Casenote Presentations at Liskow & Lewis [VIDEO]

Casenote Presentations Liskow Lewis TMLJ 2

Presented by the ABA TIPS Admiralty & Maritime Law Committee. Graciously hosted by Liskow & Lewis. Featuring: Yaakov Adler — Introductory remarks Laura R. Beck — Punitive Damages Stowaway in the Fifth Circuit: McBride v. Estis Well Service, L.L.C. James K. Dumont — Pleading Insanity in Piercing the Corporate Veil: Supplemental Rule E’s Heightened Pleading Standard Protects Polluting Shipowners in the Fourth Circuit Destinee Finnin — ... Read More »