Admiralty and Federalism
Author: David W. Robertson
Publisher:
Published: 1970
Total Pages: 356
ISBN-13:
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Admiralty and Federalism
Author: David W. Robertson
Publisher:
Published: 1970
Total Pages: 360
ISBN-13:
DOWNLOAD EBOOKAdmiralty and Maritime Law
Author: Robert Force
Publisher: Beard Books
Published: 2006-06
Total Pages: 752
ISBN-13: 1587982900
DOWNLOAD EBOOKThis 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
Admiralty Law of the Supreme Court
Author: Herbert R. Baer
Publisher:
Published: 1969
Total Pages: 680
ISBN-13:
DOWNLOAD EBOOKThe Republic Afloat
Author: Matthew Taylor Raffety
Publisher: University of Chicago Press
Published: 2013-03-04
Total Pages: 286
ISBN-13: 0226924009
DOWNLOAD EBOOKIn 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.
Admiralty and Maritime Law
Author: Robert Force
Publisher:
Published: 2004
Total Pages: 256
ISBN-13:
DOWNLOAD EBOOKThis monograph introduces federal judges to admiralty and maritime law, including both general maritime and statutory law. The author examines the rules relating to jurisdiction and procedure that are peculiar to this field. Topics include areas relating to commercial law, such as charter parties, carriage of goods, and marine insurance. The Carriage of Goods by Sea Act, the Pomerene Act, and the Harter Act receive extensive treatment. The monograph explains the body of law dealing with maritime personal injury and death, including damages and seamen's remedies, the Jones Act, and the Longshore and Harbor Workers' Compensation Act. Collision, towage, pilotage, salvage, limitation of liability, maritime liens, and general average are also covered.
Federalism, the Supreme Court, and the Seventeenth Amendment
Author: Ralph A. Rossum
Publisher: Lexington Books
Published: 2001-09-12
Total Pages: 321
ISBN-13: 0739154990
DOWNLOAD EBOOKAbraham Lincoln worried that the 'walls' of the constitution would ultimately be leveled by the 'silent artillery of time.' His fears materialized with the 1913 ratification of the Seventeenth Amendment, which, by eliminating federalism's structural protection, altered the very nature and meaning of federalism. Ralph A. Rossum's provocative new book considers the forces unleashed by an amendment to install the direct election of U.S. Senators. Far from expecting federalism to be protected by an activist court, the Framers, Rossum argues, expected the constitutional structure, particularly the election of the Senate by state legislatures, to sustain it. In Federalism, the Supreme Court, and the Seventeenth Amendment Rossum challenges the fundamental jurisprudential assumptions about federalism. He also provides a powerful indictment of the controversial federalist decisions recently handed down by an activist U.S. Supreme Court seeking to fill the gap created by the Seventeenth Amendment's ratification and protect the original federal design. Rossum's masterful handling of the development of federalism restores the true significance to an amendment previously consigned to the footnotes of history. It demonstrates how the original federal design has been amended out of existence; the interests of states as states abandoned and federalism left unprotected, both structurally and democratically. It highlights the ultimate irony of constitutional democracy: that an amendment intended to promote democracy, even at the expense of federalism, has been undermined by an activist court intent on protecting federalism, at the expense of democracy.
Jurisdiction and Arbitration Clauses in Maritime Transport Documents
Author: Felix Sparka
Publisher: Springer Science & Business Media
Published: 2010-01-11
Total Pages: 294
ISBN-13: 3642102220
DOWNLOAD EBOOKJurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.
A License to Steal
Author: Leonard W. Levy
Publisher: UNC Press Books
Published: 2014-03-30
Total Pages: 289
ISBN-13: 1469620189
DOWNLOAD EBOOKLeonard 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.
The Kiss of Judice: the Constitution Betrayed
Author: Judge Douglass H. Bartley
Publisher: Judge Douglass H. Bartley
Published: 2012-11
Total Pages: 699
ISBN-13: 1480161969
DOWNLOAD EBOOKThis work is the third of a four-volume treatise. In seven sections, it covers: The General Welfare Clause: Mutation of Restraint into Plenary Power-Federal Commerce Power: Leviathan's Dragnet-Necessary And Proper: Any Expedient Will Do-Delegation Run Riot: Exorcism Of Separation Of Powers And Ordination Of Presidential Lawmaking-Rambo Power Rampant-The 14th Amendment Amended: Voodoo Jurisdiction-R.I.P. FederalismThe volume is styled, The Kiss of Judice: The Constitution Betrayed-A Coroner's Inquest and Report. 'Judice', Latin, a pun, means 'pertaining to judges'; thus denoting the judicial, Judas-like betrayal of the Constitution. 'Coroner's Inquest' denotes that the work is a study into the death of the Constitution. Your author is the Coroner. He proceeds in the Inquest with the aid of his Coroner's Jury: Jefferson, Madison, Hamilton, Story, Locke, and Blackstone. The work in this volume is a dialogue between the Coroner and his jury on the various parts of the Constitution covered. The jury members answer the Coroner's questions, for the most part in their own words, drawn from a variety of their written works. Occasionally the Coroner puts words in their mouths; those 'inventions' are shown in brackets in the jurors' answers. The work is novel, because, to the author's knowledge, it is the only 'Constitutional Law' textbook that collects the wisdom of the framers as the Constitution's only authoritative sources; it does not, as most Constitutional Law texts do, emphasize court cases as constitutional authority, for more often than not, the courts have only warped the Constitution. In a broader sense, though, the work is not novel, for it's only an arrangement of the work already done by the jurors. The author is pleased to say that the work, by and large, is not original thought. Its beauty is that it only revives long-forgotten constitutional 'discoveries' as set in the words of the main jurors and some others within 'interviewed'. Note to purchasers: For updates to the manuscript, check "Pastoral Republican" @ http://douglassbartley.wordpress.com/
