Articles

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"STREAM-OF-COMMERCE" INADEQUATE TO FOUND JURISDICTION; ASAHI RESOLVED, None (2012)

This article describes the division of the Supreme Court in the Asahi case in 1987as...

 

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Some Questions About Interpretation, Ecto-Ambiguity, Tradition, And Conflicts Of Law And Fact, Mealey's Litigation Report, Reinsurance (2010)

Questions raised by the interpretation of a conrtract clause with the aid of the following...

 

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The Lingering Influence of Richard II and Lord Coke in the American Admiralty, Journal of Maritime Law and Commerce (2010)

It must be fair to say that a useful commercial and legal regime should be...

 

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Mixed Policies and Separability after Folksamerica, Benedict's Maritime Bulletin (2009)

The Kirby decision by the Supreme Court in 2004 is a landmark in admiralty jurisdiction...

 

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The American Admiralty: Division and Devolution, University of San Francisco Maritime Law journal (2009)

THE AMERICAN ADMIRALTY: DIVISION AND DEVOLUTION

By Graydon S. Staring*

Table of Contents

I. INTRODUCTION

...
 

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"Tradition": A Buzzword As Evidence In Maritime And Common Law, Benedict's Maritime Bulletin (2009)

Tradition is generally supposed to have no significance in law apart from family and community...

 

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The Roots and False Aspersions of Shipowner's Limitation of Liability, Journal of Maritime Law and Commerce (2008)

Limitation of enterprise liability is today so commonplace that we see notice of it all...

 

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THE ADMIRALTY JURISDICTION OF TORTS AND CRIMES AND THE FAILED SEARCH FOR ITS PURPOSES, Journal of Maritime Law and Commerce (2007)

This article views the jurisdiction, or power, of the Admiral in its historic setting as...

 

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THE LAY-UP WARRANTY AND WILBURN BOAT: I.N.A. v. San Juan Excursions, BENEDICT'S MARITIME BULLETIN (2007)

This article is an exposition of the uselessness of factors of causation and increase of...

 

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A Modern Mansfieldian Jury: The Global Reinsurance Roundtable on Model Wordings 2006, MEALEY'S LITIGATION REPORT:Reinsurance (2007)

As background for counsel seeking to interpret reinsurance contracts, this article extracts and comments on...

 

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MARINE INSURANCE LAW: SIX RECENT BOOKS AND SOME QUESTIONS ABOUT REFORM, JOURNAL OF MARITIME LAW AND COMMERCE (2006)

This essay and book review starts with brief history of the remakably prolific publication of...

 

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A Return to Objectivity in Admiralty Tort Jurisdiction?, BENEDICT'S MARITIME BULLETIN (2006)

This paper discusses an important opinion, Tagliere v. Harrah’s Illinois Corp. giving effect to words...

 

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Reflections on the Admiralty Prospects of Mixed Policies, BENEDICT'S MARITIME BULLETIN (2005)

The existence of admiralty jurisdiction determines not only access to a federal court sitting in...

 

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"Constructive Total Loss" -- an Illegal Alien in Tort Law, BENEDICT'S MARITIME BULLETIN (2005)

The common words, constructive total loss, can be used together in their ordinary English senses...

 

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THE CMI LOOKS AT “MARINE INSURANCE LAW”: A UNIQUE CONFLATION OF CONTRACT AND “LAW”, BENEDICT'S MARITIME BULLETIN (2004)

The Comité Maritime International (“CMI”) has examined “marine insurance law” to discover the possibilities of...

 

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Forum Non Conveniens Between Aliens In Admiralty: The Long and Short of It, BENEDICT'S MARITIME BULLETIN (2004)

The doctrine of forum non conveniens has become more prominent and freely applied as courts...

 

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A SEAWORTHINESS WARRANTY IN TIME POLICIES: A FIFTH CIRCUIT FALLACY (formerly entitled ANOTHER CIRCUIT VIRUS...), BENEDICT'S MARITIME BULLETIN (2003)

The Court of Appeals for the Fifth Circuit was persuaded some years ago, and still...

 

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Insurance and Reinsurance of Marine Interests in the New Age of Terrorism, Tulane Law Review (2003)

Terrorism has brought the marine and nonmarine markets into a new conjunction. The marine industry...

 

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MATERIALITY OF DISCLOSURES: LEARNED HAND IS MISCONSTRUED IN HIS OWN CIRCUIT (formerly entitled A VIRUS IN THE CIRCUIT...), BENEDICT'S MARITIME BULLETIN (2003)

The misreading years ago of an opinion by Learned Hand turned the rule of materiality...

 

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HARMONIZATION OF WARRANTIES AND CONDITIONS: STUDY AND PROPOSALS, COMITÉ MARITIME INTERNATIONAL ANNUAIRE (2003)

In the interest of harmonizing marine insurance across state and national borders, the word "warranty"...

 

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Forgotten Equity: The Enforcement of Forum Clauses, Journal of Maritime Law and Commerce (1999)

When courts differ widely and sharply on which of three or four procedural courses shouold...

 

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Marine Insurance (with George L. Waddell), Tulane Law Review (1999)

Starting from a historical background of marine insurance law, the Article discusses several areas where...

 

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MARINE INSURANCE - IS THE DOCTRINE OF "UTMOST GOOD FAITH" OUT OF DATE?, Comite Maritime International Yearbook (1995)

This article examines the doctrine of utmost good faith in marine insurance as it is...

 

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Bankruptcy--An Historical View, Tulane Law Review (1985)

The present bankruptcy law of the United States has a scope undreamed of when the...

 

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Limitation Practice and Procedure, Tulane Law Review (1979)

Justice Frankfurter observed that the interstices of procedure contained a great deal of substance. Procedure...

 

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CONTRIBUTION AND DIVISION OF DAMAGES IN ADMIRALTY AND MARITIME CASES, California Law Review (1957)

Author’s 50th anniversary note, July 2007

This article was first published by the California Law...

 

Books

Law of Reinsurance (1993)

This treatise, published in 1993 by Clark Boardman Callaghan (now Thomson West), is the first...

 

Unpublished Papers

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SOME MISLEADING INFLUENCES ON THE READING OF REINSURANCE CONTRACTS: A PLEA FOR EXPRESS INTENT (2011)

Reinsurance is a business of transactions that cross national and state boundaries in great numbers...

 

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"STREAM-OF-COMMERCE" INADEQUATE TO FOUND JURISDICTION; ASAHI RESOLVED (1012)

This article describes the division of the Spreme Court in the Asahi case in 1987...