Jurisdiction

OpenURL

"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...

 

PDF

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...

 

PDF

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...

 

OpenURL

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

...
 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

File

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...

 

Link

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...

 

OpenURL

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...

 

Law of Reinsurance (1993)

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

 

OpenURL

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

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

 

OpenURL

Limitation Practice and Procedure, Tulane Law Review (1979)

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

 

File

"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...

 

Admiralty

PDF

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...

 

PDF

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...

 

OpenURL

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

...
 

OpenURL

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...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

File

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...

 

PDF

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...

 

PDF

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"...

 

OpenURL

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...

 

File

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...

 

OpenURL

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

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

 

OpenURL

Limitation Practice and Procedure, Tulane Law Review (1979)

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

 

PDF

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...

 

Constitutional Law

OpenURL

"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...

 

PDF

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...

 

OpenURL

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

...
 

PDF

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...

 

PDF

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...

 

OpenURL

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

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

 

File

"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...

 

Marine Insurance

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

"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...

 

PDF

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...

 

PDF

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...

 

OpenURL

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...

 

PDF

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"...

 

OpenURL

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...

 

File

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...

 

Law of Reinsurance (1993)

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

 

Reinsurance

PDF

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...

 

PDF

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...

 

PDF

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...

 

OpenURL

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...

 

File

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...

 

Law of Reinsurance (1993)

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

 

Terrorism

OpenURL

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...

 

PDF

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...

 

Law of Reinsurance (1993)

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

 

Civil Procedure

PDF

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...

 

File

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...

 

Link

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...

 

OpenURL

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

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

 

OpenURL

Limitation Practice and Procedure, Tulane Law Review (1979)

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

 

PDF

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...

 

Arbitration

Law of Reinsurance (1993)

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

 

Contracts

PDF

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...

 

PDF

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...

 

PDF

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...

 

PDF

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...

 

Link

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...

 

Limitation of Liability

PDF

"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...

 

OpenURL

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...

 

Evidence

PDF

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...

 

Conflict of Laws

PDF

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...