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Indicia of Jurisdiction; Scope of Maritime Jurisdiction; Substantive Maritime Law: Contracts for Carriage of Goods; Liens on Maritime Property; The Seaman's Employment Contract, Wages and Compromise of Claims; Marine Insurance; Towage and Pilotage; Salvage; General Average; Maritime Tort Law; Collision Law; Worker Injury Claims; Wrongful Death; Platform Injuries; Sovereign Immunity; Joint and Several Liability, Indemnity and Contribution; Limitation of Liability; Jurisdiction and Procedure in Maritime Claims.
The maritime law of the United States is harmonious in broad outline with the laws of other maritime nations, but it has a unique structure--tied to the U.S. Constitution and the Judiciary Act of 1789--entailing a special set of intellectual challenges. Admiralty and Maritime Law in the United States is a leading casebook that reveals the areas of international harmony and explores U.S. law's special features. Each of the authors is an admiralty expert, but the book strives for a generalist's perspective. It aims to tie the admiralty field into the students' other studies while providing the fundamental professional tools necessary to the advanced study or practice of U.S. maritime law. Instructors new to admiralty found the first edition of Admiralty and Maritime Law to be an orderly and user-friendly introduction to the field. Experienced admiralty professors found the book to be well organized and thorough. In the second edition, the authors have drawn on these reports and their own teaching experiences. The book's basic organization and approach have been retained, but much of the second edition is brand-new. Older cases have yielded to leading new ones, new textual material has been added, and older textual material has been deleted or streamlined. Many of the cases that carried over from the first edition have been edited into shorter versions. The second edition incorporates the body of admiralty statutes that came into effect in October 2006 and the reformulated ("plain English") Federal Rules of Civil Procedure that took effect in December 2007. It includes the Supreme Court's dramatic new decisions in Stewart v. Dutra Construction Co., Norfolk Southern Railway v. Kirby, Norfolk Southern Railway v. Sorrell, and even--in a stop-the-press one-page summary--the June 2008 Exxon Valdez punitive damages case. When asked to identify the best new feature of the second edition, the authors respond: "There are 70 fewer pages of text." In three semester hours, one can teach all of it. For shorter or more ruminatively paced courses, the Teacher's Manual provides suggestions on what to omit. A 2012 Teacher's Manual is available as of July 2012; there is also a 2013-14 Supplement.
This is an abridged version of a casebook (previously published in two volumes) on admiralty and maritime law. Nine chapters cover: admiralty jurisdiction and procedure; federalism and admiralty jurisdiction; admiralty remedies; carriage of goods; charter parties; personal injury and death claims; collision and other accidents; maritime liens; and
Indicia of Jurisdiction; Scope of Maritime Jurisdiction; Substantive Maritime Law: Contracts for Carriage of Goods; Liens on Maritime Property; The Seaman's Employment Contract, Wages and Compromise of Claims; Marine Insurance; Towage and Pilotage; Salvage; General Average; Maritime Tort Law; Collision Law; Worker Injury Claims; Wrongful Death; Platform Injuries; Sovereign Immunity; Joint and Several Liability, Indemnity and Contribution; Limitation of Liability; Jurisdiction and Procedure in Maritime Claims.
Congress, the Courts, and the Constitution; Appellate and Collateral Review; Federal-Question Cases; Admiralty; Diversity Cases; Miscellaneous Jurisdictional Problems; Jurisdictional Amount; Sovereign Immunity; Abstention and Related Doctrines; Injunctions Against Suit; Civil Rights Removal; Three-Judge Courts; Place of Trial; Law Applicable in Federal Courts.
Interests in Land; Adverse Possession; Common Law Estates; Concurrent Ownership; Landlord and Tenant; Easements; Covenants Running with the Land: Conveyancing; Real Estate Brokers; Contract of Sale: Vendor-Purchaser; Transfer of Title by Deed: Grantor-Grantee; Priorities: The Recording System; Title Insurance; Mortgages; Miscellaneous Property Doctrines; Airspace; Water; Support; Agreed Boundaries; Fixtures; Trespass; Nuisance; Land Use Regulation; Judicial Review.
The purpose of this text is to ensure the survival of skipper and crew in the event of their boat sinking. It features: advice on the essentials to pack into the emergency grab bag for a short or long cruise, hot or cold climate, coastal or offshore trip; flowcharts to prioritise abandon ship procedure; techniques for survival in the liferaft, short- and long-term - the why, when and how of liferaft survival; and checklists and tables.
“Consistently gripping.… [I]t’s possessed of a zest and omnivorous curiosity that reflects the boundless energy of its subject.” —Steve Donoghue, Christian Science Monitor Oliver Wendell Holmes escaped death twice as a young Union officer in the Civil War. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. During his nearly three decades on the Supreme Court, he wrote a series of opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court’s reactionary resistance to social and economic reforms. As a pioneering legal scholar, Holmes revolutionized the understanding of common law. As an enthusiastic friend, he wrote thousands of letters brimming with an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky offers the fullest portrait yet of this pivotal American figure.
In the years before the Civil War, many Americans saw the sea as a world apart, an often violent and insular culture governed by its own definitions of honor and ruled by its own authorities. The truth, however, is that legal cases that originated at sea had a tendency to come ashore and force the national government to address questions about personal honor, dignity, the rights of labor, and the meaning and privileges of citizenship, often for the first time. By examining how and why merchant seamen and their officers came into contact with the law, Matthew Taylor Raffety exposes the complex relationship between brutal crimes committed at sea and the development of a legal consciousness within both the judiciary and among seafarers in this period. The Republic Afloat tracks how seamen conceived of themselves as individuals and how they defined their place within the United States. Of interest to historians of labor, law, maritime culture, and national identity in the early republic, Raffety’s work reveals much about the ways that merchant seamen sought to articulate the ideals of freedom and citizenship before the courts of the land—and how they helped to shape the laws of the young republic.