Author: Theodore M. EttingPublisher: Fred B. Rothman
ISBN:
Category : Admiralty
Languages : en
Pages : 126
Book Description
The Admiralty Jurisdiction in America
Author: Theodore M. EttingPublisher: Fred B. Rothman
ISBN:
Category : Admiralty
Languages : en
Pages : 126
Book Description
The American Admiralty, Its Jurisdiction and Practice
Author: Erastus Cornelius BenedictPublisher:
ISBN:
Category : Admiralty
Languages : en
Pages : 694
Book Description
The Admiralty Jurisdiction In America
Author: Theodore M EttingPublisher: Legare Street Press
ISBN: 9781020168239
Category :
Languages : en
Pages : 0
Book Description
This scholarly work offers a detailed examination of the admiralty jurisdiction in America. From the earliest colonies to the present day, Theodore M. Etting traces the history, development, and application of this crucial legal concept. With a thorough analysis of case law, statutes, and legal philosophy, this book is an invaluable resource for anyone interested in the maritime history of the United States. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
The American Admiralty, Its Jurisdiction and Practice
Author: Erastus Cornelius BenedictPublisher:
ISBN:
Category : Admiralty
Languages : en
Pages : 804
Book Description
Admiralty Jurisdiction, United States as a Party, General Federal Question Jurisdiction, Three-judge Courts
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial MachineryPublisher:
ISBN:
Category : Admiralty
Languages : en
Pages : 244
Book Description
Courts of Admiralty and the Common Law
Author: Steven L. SnellPublisher:
ISBN:
Category : Admiralty
Languages : en
Pages : 502
Book Description
Courts of Admiralty and the Common Law examines the origins of American admiralty jurisdiction. Drawing from a vast array of primary sources, ranging from Roman law to English records of the medieval and early modern periods, the author traces the development of English admiralty practice that provided the legal heritage of the new American nation. The book provides details of how the English High Court of Admiralty and its civil-law practitioners became embroiled in the struggle between Crown and Parliament in the seventeenth century, losing much of their traditional jurisdiction to the courts of common law at a time when the American colonies were just beginning to establish specialized tribunals for hearing maritime cases. With maritime jurisdiction in flux in the mother country, the Americans were free to adopt ad hoc solutions to the problem of jurisdiction, creating a system in which both the colonial common-law courts and the newly established colonial vice admiralty courts had concurrent power to adjudicate a wide range of maritime claims. Courts of Admiralty and the Common Law also sheds fresh light on the origins of the federal judiciary, showing how the debate over maritime jurisdiction was instrumental both in shaping the language of Article III of the Constitution and later in determining the structure of the federal courts in the Judiciary Act of 1789. Building upon an assortment of materials from the Constitutional Convention, the states' ratifying conventions, and other contemporary sources, the author explores the pivotal role that the debate over maritime jurisdiction played in determining the structure of the federal courts and explains the reasons underlying the first Congress' decision to grant concurrent jurisdiction over some maritime cases to the states' courts of common law. When the first Congress incorporated concurrent state/federal jurisdiction over several classes of maritime claims into the Judiciary Act of 1789, the author argues, it had not created a novel jurisdictional system, but merely had preserved the status quo established long ago in the colonial era. Congress had disregarded the dangers usually associated with two separate sets of courts interpreting the same body of substantive law, assuming that the lex maritima, as part of the law of nations, would be applied uniformly in both state and federal courts. Soon, however, both new technology, such as the introduction of steam power in maritime commerce, and changing views regarding the law of nations would challenge that assumption. As the original reasons for granting concurrent jurisdiction unraveled, American judges in the early nineteenth century sought to make overlapping jurisdiction work in a changing world. Courts of Admiralty and the Common Law concludes with an assessment of whether concurrent state/federal maritime jurisdiction continues to serve a practical purpose in the twenty-first century, examining how tensions between conflicting state and federal substantive rules may serve the greater interests of federalism and commerce. "Through his thorough account of the shipping industry's rise and fall and of the challenges admiralty jurisdiction posed to ideas about federalism, Professor Snell shows how commerce influenced the development of our unique governmental structure." -- Harvard Law Review "For those with an interest in the development in American courts of a distinct jurisdiction in cases sufficiently related to waterborne transport, this book should fit neatly between that of Prichard and Yale on the one hand and Robertson on the other. It is more comprehensive in research and perspective, synthetic in process, and thematic in design than the former. It offers more evidence than the latter and it addresses controversies that have ripened since 1970." -- Journal of Maritime Law and Commerce
The American Admiralty
Author: Erastus C. BenedictPublisher: The Lawbook Exchange, Ltd.
ISBN: 1616190191
Category : Law
Languages : en
Pages : 667
Book Description
Benedict, Erastus C. The American Admiralty: Its Jurisdiction and Practice with Practical Forms and Directions. New York: Banks, Gould & Co., 1850. xiii, 651 pp. Reprinted 2010 by the Lawbook Exchange, Ltd. ISBN-13: 9781616190194. Paperback. New. $35. * Reprint of the first edition. At the time of its publication there were other popular treatises on the subject in use by American lawyers, but the particularly American viewpoint and practicality of Benedict's treatise enabled it to surpass the others. Now in its seventh edition, it is still the premier work on the subject. In addition to covering American maritime law and practice in the courts, Benedict includes comprehensive discussions of trial by jury, the ancient jurisdiction of the English admiralty, the strife between the Common Law Courts and the Admiralty in the 16th and 17th centuries, the English admiralty at the time of the American Revolution; and the admiralty jurisdiction of the state courts of admiralty, the British colonies, Scotland and Ireland, France and other portions of Continental Europe. An appendix contains rules for the United States Supreme Court, the United States District and Circuit Courts and fee schedules, statutes and forms. Benedict [1800-1880], a noted lawyer and educator, was considered "one of the foremost admiralty lawyers of his day." Dictionary of American Biography I: 177.
The Admiralty Jurisdiction
Author: Alfred ConklingPublisher:
ISBN:
Category : Admiralty
Languages : en
Pages : 650
Book Description
Cases on the Law of Admiralty
Author: George de Forest LordPublisher:
ISBN:
Category : Admiralty
Languages : en
Pages : 880
Book Description
Admiralty and Maritime Law in the United States
Author: David W. RobertsonPublisher:
ISBN:
Category : Admiralty
Languages : en
Pages : 608
Book Description
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.