The Hidden Shoals of Maritime Law: A Maritime Lawyer’s Navigational Chart for Shoreside Counsel

By Edward M. Bull III* on April 10, 2024

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Introduction

Over many centuries (in fact, millennia), maritime law has developed, and in the United States, maritime law provides a complete legal system for all forms of maritime-related commerce and activities. This system includes special rules for jurisdiction, venue, procedure, and substantive law, and covers everything from contract disputes, vessel charters, cargo damage, vessel collisions, insurance coverage, and environmental and criminal law. For most attorneys, the chance of encountering any such issues or the need to understand maritime law is fairly remote. However, there are several areas of maritime law that many attorneys may well encounter in their shoreside practices, often with significant consequences.

This piece provides an overview of several of these areas of maritime law in the context of recreational boating and cruise line claims. Part I summarizes the controlling test for admiralty jurisdiction (the rules controlling when special maritime law applies). Part II illustrates how the controlling maritime law applies in recreational boating and cruise passenger personal injury cases, including important marine insurance coverage rules. Finally, Part III discusses two unique maritime law claims and defenses: in rem claims against vessels and the Limitation of Liability Act.

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The Rise of the Interdisciplinary Lawyer: Defending the Rule of Law in the Age of AI

By Kevin Frazier* on April 10, 2024

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Many promote the importance of the Rule of Law.[1] Its maintenance, or lack thereof, can substantially affect a democracy: “If you can weaken the Rule of Law, you can weaken democracy,” explains Asha Rangappa.[2] Similarly, protection of the Rule of Law[3] can foster economic growth. In recent decades, international development efforts led by the World Bank, for instance, have included investments in the Rule of Law.[4] Finally, the Rule of Law can facilitate societal well-being. As pointed out by Cass Sunstein, “When cases are settled in advance, people are able to plan their affairs and to do so with knowledge of what government may and may not do.”[5]

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Does “Public Interest Drift” Exacerbate the “Justice Gap”?

By Zachary Newman* and Salena Copeland on November 14, 2023

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Introduction

Many aspiring lawyers attend law school because they want to engage in legal work to assist marginalized or disenfranchised communities. These individuals want to acquire the skills to support social justice and public interest efforts in the legal world. They may want to help prevent unjust evictions, support the rights of people with disabilities, secure protections for domestic violence survivors, fight for access to healthcare, defend consumers challenging illegitimate debt collections, or engage in the myriad of other civil matters that legal aid lawyers help with.[1] They may be motivated by an awareness that many people facing legal issues are unable to afford a lawyer to obtain counsel on how to navigate the complexities of the legal system and fight for their rights.[2]

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Does Mindfulness Enhance the Study and Practice of Law?

By Rhonda V. Magee* on November 14, 2023

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Introduction

In her blog, Seeking Serenity, When Lawyers Go Zen, author Amanda Enayati reflects on an interview with U.S. Supreme Court Justice, Stephen Breyer, in which the Justice briefly discussed a practice that supports him in maintaining his physical wellbeing and provides a background resource for his demanding work at the highest level of the legal profession.[1]

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