Judicial Decision-Making Analysis of Federalism Issues in Modern United States Supreme Court Maritime Cases

Article by Major B. Harding

This Article revisits several of the fundamental legal precepts employed by judges in the decision-making process and, in particular, provides a structured inquiry into the application of these precepts in modern United States Supreme Court maritime federalism cases. It is the conclusion of this Article that, despite the continuing outcry for uniformity in the Court's maritime decisions, it appears that, for the most part, these decisions are based on established legal precepts and, therefore, reflect the application of reasoned judgment.


About the Author

Major B. Harding. Justice of the Florida Supreme Court, 1991-Present; Chief Justice of the Florida Supreme Court, 1998-2000. Honorary Doctor of Law 1999, Florida Coastal School of Law; L.L.M. 1995, University of Virginia School of Law; Honorary J.D. 1991, Stetson University; J.D. 1959, Wake Forest School of Law; B.S. 1957, Wake Forest University.

Citation

75 Tul. L. Rev. 1517 (2001)