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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Embracing Creativity in Legal Education

By Katie Moran* on April 19, 2023

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It all started with a single cup of coffee in November 2021. My good friend and fellow University of San Francisco School of Law (“USF Law”) alum, Jerome Hawkins, and I were talking about his new business, Hawkline Video, where he directs and produces documentary interviews with highly successful attorneys from all over the country.[1] Jerome was telling me about the similarities in what made many of the lawyers great.

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From Obstacle to Opportunity: Strategies to Enhance Happiness in the Practice of Law

By Judge Lynn Duryee* on March 7, 2023

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Introduction

The practice of law is hard. The workload, long hours, demanding clients, competition—all hard. Being a judge is not quite as hard, yet it has its challenges too: vexatious litigants, extreme isolation, courthouse politics, and the ethical mandate to act with dignity and courtesy at all times—a feat achievable only by superheroes, in my opinion. The time when dissatisfied family law litigants initiated a recall campaign against me—that was a rough patch. And yet, after forty-two years in the law, I am still energized and excited by my chosen career.

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Lifestyle Balancing: Queerness and the Practice of Law

By Slater Stanley* on January 6, 2023

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Introduction

To find your place within a system you need to understand it, and yourself in relation to it. The purpose of such an evaluation might be productivity, survival, comfort, power, or a combination thereof. Growing up in a conservative environment as a queer[1] child without queer role models, I am not unfamiliar with suppressing characteristics and desires that feel natural to me to fit more neatly within hegemonic heteronormative[2] expectations. I applied to undergraduate universities—and later law schools—with this in mind: I want to be somewhere socially liberal.

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Addressing Secondary Trauma in the Legal Profession

By Annie T. Le* on November 8, 2022

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Introduction

“The raging river is the client’s life . . . . The boulder falling is the trauma occurring. The image of secondary trauma is a lawyer standing in the river. They don’t get hit by the boulder, but they feel the ripple effect.” – Jean Koh Peters[1]

California Rule 1.1 of Professional Conduct requires a lawyer’s competency, not just education and skills, but also “mental, emotional, and physical ability.”[2] Stress can negatively affect mental and emotional ability, and a high level of stress is known to be associated with the legal profession.[3] While being invested in the clients’ cases and showing empathy, lawyers sometimes absorb clients’ suffering. Over time, repeated exposure to the first-hand traumatic experiences of others may lead to secondary traumatic stress, also called secondary trauma.[4]

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Turn Asylum on its Head and Presume Eligibility

By Bill Ong Hing on September 25, 2022

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Introduction

 
Thirty-five years ago, I was fortunate to be part of the litigation team that won big before the U.S. Supreme Court in Immigration and Naturalization Service v. Cardoza-Fonseca,[1] the case that established that asylum applicants “need not prove that it is more likely than not” that they will be persecuted in their home countries in order to prevail.[2]

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Leveling the Playing Field: Legal Technology Requires Retooling Legal Skill Sets to Stay in the Game

By Gonzalo (Sal) Torres on May 6, 2022

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Introduction

 

In the 2011 film, Moneyball,[1] new Oakland Athletics’ (“A’s”) baseball manager, Billy Beane (played with brillo by Brad Pitt) shakes up the centuries old business of baseball by proposing and implementing a new technology known as statistical analytics to draft its next group of players. Beane is immediately met with truculent resistance from the curmudgeons around the table who have no faith in this new approach. Eventually, Beane wins out and the A’s go on to have a stellar winning season.

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