Category Archives: Volume 38, Issue 1

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 »

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

[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=", " /] 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 ... Read More »

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

[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=", " /] 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 ... Read More »

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

[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=", " /] 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 ... Read More »

The Changing Contours of Maintenance and Cure

[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=", " /] 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 ... Read More »

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