Comment by Apryl E. Hand
The Outer Continental Shelf Lands Act (OCSLA) arose out of congressional recognition that the need to develop and exploit the natural resources of the continental shelf would require assertion of federal jurisdiction, including a new body of federal laws. The resulting legislation has resulted in a complicated interplay of federal, state, and maritime law. Inevitably, certain questions, such as whether to apply state or maritime law to certain contracts, continue to give the United States Court of Appeals for the Fifth Circuit difficulty. The result has been both directly conflicting holdings and determinations on “a random factual basis.” This Comment argues that courts should rely on state rather than maritime law as this area develops.
About the Author
Apryl E. Hand. B.A., University of Florida; J.D. 1998, Tulane Law School.
Citation
72 Tul. L. Rev. 2139 (1998)