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COURSE DESCRIPTION The course will examine both the scope of American admiralty jurisdiction and substantive maritime law through historical texts, modern case law and law review articles. Beginning with a look at the English High Court of Admiralty – a civil law tribunal – the course will explore the origins of unique doctrines of maritime law, such as general average and salvage, as well as the influence of the civil law on the development of modern substantive rules. The course is designed to appeal to students with an interest in comparative law – particularly in differences between the common law and the civil law. The course should also appeal to those with an interest in federalism, as overlapping state/federal maritime jurisdiction serves as an interesting case-study for the more general issue of concurrent jurisdiction under the Constitution. Understanding of shipowner’s limitation of liability is crucial for practice in environmental law. Moreover, familiarity with maritime law is also highly useful as an ancillary skill for the practice of international trade law – as well as for commercial law, bankruptcy, and secured transactions. Modern case law will focus upon the current scope of federal admiralty jurisdiction – and upon the substantive rules governing cargo-carriage, leasing of vessels under charter-parties, salvage, general average, towage, pilotage, marine insurance, ship-financing, and maritime liens. As much modern substantive law is governed by treaty and/or international business practices, the course should be useful for students who intend to practice either in the U.S. or abroad.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
CASES AND MATERIALS ON ADMIRALTY (6th ed., David Sharpe, Peter Winship, 2017) [ISBN: 978-1634593052]
STEVEN L. SNELL, COURTS OF ADMIRALTY AND THE COMMON LAW: ORIGINS OF THE AMERICAN EXPERIMENT IN CONCURRENT JURISDICTION [ISBN: 978-1-59460-173-6]
First Class Readings
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