Admiralty and Federalism
Author | : David W. Robertson |
Publisher | : |
Total Pages | : 360 |
Release | : 1970 |
Genre | : Admiralty |
ISBN | : |
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Author | : David W. Robertson |
Publisher | : |
Total Pages | : 360 |
Release | : 1970 |
Genre | : Admiralty |
ISBN | : |
Author | : David Wyatt Robertson |
Publisher | : |
Total Pages | : 1104 |
Release | : 1968 |
Genre | : Admiralty |
ISBN | : |
Author | : David P. Currie |
Publisher | : |
Total Pages | : 386 |
Release | : 1960 |
Genre | : Maritime law |
ISBN | : |
Author | : Steven L. Snell |
Publisher | : |
Total Pages | : 502 |
Release | : 2007 |
Genre | : Admiralty |
ISBN | : |
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
Author | : Erastus Cornelius Benedict |
Publisher | : |
Total Pages | : 780 |
Release | : 1900 |
Genre | : Admiralty |
ISBN | : |
Author | : Robert Force |
Publisher | : |
Total Pages | : |
Release | : 2005 |
Genre | : Admiralty |
ISBN | : |
Author | : Matthew Taylor Raffety |
Publisher | : University of Chicago Press |
Total Pages | : 286 |
Release | : 2013-03-04 |
Genre | : History |
ISBN | : 0226924009 |
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.
Author | : Leonard W. Levy |
Publisher | : UNC Press Books |
Total Pages | : 289 |
Release | : 2014-03-30 |
Genre | : Law |
ISBN | : 1469620189 |
Leonard Levy traces the development and implementation of forfeiture and contends that it is a questionable practice, which, because it is so often abused, serves only to undermine civil society. Arguing that civil forfeiture is unconstitutional, Levy provides examples of the victimization of innocent people and demonstrates that it has been used primarily against petty offienders rather than against its original targets, members of organized crime.
Author | : United States |
Publisher | : Government Printing Office |
Total Pages | : 2818 |
Release | : 2013 |
Genre | : Political Science |
ISBN | : 9780160917356 |
Centennial edition. Popularly known as the Constitution Annotated or "CONAN", encompasses the U.S. Constitution and analysis and interpretation of the U.S. Constitution with in-text annotations of cases decided by the Supreme Court of the United States. The analysis is provided by the Congressional Research Service (CRS) in the Library of Congress. This is the 100th anniversary edition of a publication first released in 1913 at the direction of the U.S. Senate. Since then, it has been published as a bound edition every 10 years, with updates issued every two years that address new constitutional law cases . Audience: Federal lawmakers, libraries, law firms, constitutional scholars.
Author | : |
Publisher | : |
Total Pages | : 939 |
Release | : |
Genre | : |
ISBN | : 0195088786 |