Congratulations to our seven Junior Members whose case notes were selected for publication in Volume 38, Issue 2: 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 – Muddying Murky Waters: ... Read More »
Vincent J.G. Power | Article Traditionally, there have been two sources of maritime law: national ma...
Robert D. Peltz | Article Twenty-six cruise lines headquartered in North America, which form the Cru...
Matthew H. Ammerman | Essay This Essay will focus on (1) changes to the statutes governing removal o...
Read Mr. Brock’s article addressing the effects of Lozman on the towing, finance, and insurance industries here. Read More »
Read Mr. Walsh’s article that explores recent changes to maintenance and cure law here. Read More »
Read Professor Constonis’s article on federal statutory displacement of general maritime law here. Read More »
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 »
The Senior Board of Volume 38 of the Tulane Maritime Law Journal is excited to announce and congratulate an additional group of new Junior Members of the TMLJ: Laura Beck Shinhong Byun Albert Farr Noah Grillo Eli Hare Richard Leishman David Maass Read More »
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OCSLA, the LHWCA, Pacific Operators Offshore, LLP v. Valladolid, and the New Substantial-Nexus Requirement
In Pacific Operators Offshore, LLP v. Valladolid, the United States Supreme Court held that Longshore and Harbor Workers' Compensation Act (LHWCA) coverage, through the Outer Continental Shelf Lands Act (OCSLA), is available to a worker whose injuries bear a “substantial nexus” to extraction operations on the Outer Continental Shelf (OCS). Read More »
Lifting “The Great Shroud of the Sea”: A Customary International Law Approach to the Domestic Application of Maritime Law
i. 1953 was a year of symbolic developments for American maritime law. In August, Congress enacted the Outer Continental Shelf Lands Act (OCSLA), requiring state law to apply to a broad range of legal disputes arising from the new industry of offshore oil drilling in the Gulf of Mexico. Then in December, the Supreme Court of the United States decided Pope & Talbot, Inc. v. Hawn, formally expressing what had long been assumed--that the rejection in Erie Railroad Co. v. Tompkins of the federal courts' power to define general common law did not apply to their parallel power over admiralty law. On the one hand, OCSLA reflected a view that state law was better suited to deal with a variety of private disputes, even those occurring at sea. On the other, Pope & Talbot traces its lineage through a long line of cases that enshrine admiralty law as a unique species of federal law with special--and often unpredictable--preclusive power. Read More »
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