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Topic: Admiralty Law

Navigating the Murky Waters of Admiralty and Bankruptcy Law

Stewart F. Peck | Article

When U.S. bankruptcy law converges with federal admiralty law, complex jurisdictional conflicts and constitutional issues arise.  This Article explores the history of how courts have treated the intersection of these two complex bodies of federal law, with a particular focus on Article III of the United States Constitution in the wake of the United States Supreme Court’s decision Stern v. Marshall. 

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Criminalization of Maritime Casualties Circa 2013

Robert B. Parrish, Thomas C. Sullivan, and Shea M. Moser | Article

Maritime accidents have a long history of creating environmental and personal property damages, as well as human casualties. Though these accidents have historically been subject only to civil liability, over time incidents like oil spills and passenger-boat casualties have gained more media attention and public outcry, resulting in more frequent criminal prosecutions.

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Navigating the Rogue Waters of Inland Marine Transportation and the Impact of the Use of Third-Party Logistics Providers on Recovery for Cargo Loss and Damage

Jean M. Gardner | Article

More and more, shippers of freight are engaging third-party logistics providers to arrange the movement of cargo instead of speaking with the motor carriers directly.  In cases of lost cargo, the claimant must determine among the carriers, brokers, and third-party logistics providers—some of whom may be unknown to the shipper—which party carries the liability. 

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Breach of Warranty and Misrepresentation—USA

William C. Baldwin and C. Barrett Rice | Article

Warranties in marine insurance policies can take varying forms, from a common survey warranty to a unique provision inserted at the whim of a particular underwriter.  Depending on the type of provision and the law applicable to the interpretation of the clause, the breach of a warranty may void or suspend a policy altogether.  Alternatively, in certain jurisdictions or in certain cases, the breach may void the policy only if the breach is causally related to the loss or the breach increases the risk. 

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Reform of the Insurance Law of England and Wales—Separate Laws for the Different Needs of Businesses and Consumers

Paul Jaffe | Article

This Article examines the English and Scottish Law Commissions’ ongoing review of insurance contract law and the demand for its reform.  The difference between insurance law in England and the United States is important in order to understand the possible recommendations for reform. 

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Direct Actions, Declaratory Actions, Abstention, Interpleaders, and Other Practical Considerations

Charles G. De Leo and LeRoy Lambert | Article

Marine practitioners must be aware of the issues that may arise when dealing with potential claims in the marine insurance context.  In some jurisdictions, both in the United States and abroad, plaintiffs may join the insurer in the lawsuit and seek recovery directly, rather than only through the insured. 

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The Central Role of P&I Insurance in Maritime Law

John D. Kimball | Article

When a ship proceeds to sea, it is beset by danger on all sides. The scope of risks involved is just as vast as the ocean. They range from the most minor to the catastrophic. The focus of this Article is protection and indemnity (P&I) insurance, a form of coverage under which shipowners and charterers are protected against the risk of liability to third parties and which plays a central role in maritime law.

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Offshore Energy Construction Insurance: Allocation of Risk Issues

Tim Taylor | Article

The legal fallout from major offshore events such as the DEEPWATER HORIZON spill, PIPER ALPHA, and the grounding of the EXXON VALDEZ has resulted in extreme stress testing of liabilities allocation in upstream oil and gas project contracts.  

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Gulf Coast v. Newlin: Reaffirming the Fundamental Notions of Admiralty Jurisdiction

Sydney B. Roth | Note

The Fifth Circuit held that the district court did not have admiralty jurisdiction over this action, because Gulf Coast lacked a legal claim to title or possession of the dredge, and its contract and tort claims did not constitute maritime claims, which would have afforded a basis for admiralty jurisdiction. Gulf Coast Shell & Aggregate LP v. Newlin, 623 F.3d 235, 237, 2011 AMC 421, 422 (5th Cir. 2010).

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Maritime Piracy and the Impunity Gap: Insufficient National Laws or a Lack of Political Will?

Yvonne M. Dutton | Article

Nations are not prosecuting piracy suspects with any regularity. One reason cited for this culture of impunity is the lack of domestic legislation to facilitate the prosecution of suspected pirates. However, universal jurisdiction over piracy has existed for more than one hundred years, and most nations are parties to the United Nations Convention on the Law of the Sea (UNCLOS) and the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA Convention), both of which encourage nations to cooperate in prosecuting acts of maritime piracy. Given this legal framework, should we not expect that nations [...]

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