Maritime Law Research Guide
This guide is intended as a starting point for research in maritime law in the United States.
Introduction
This guide is intended as a starting point for research in maritime law at Georgetown Law Library. It includes both primary and secondary materials, in both print and electronic formats.
Introductory Resources
Frank L. Maraist & Thomas C. Galligan, Jr, Admiralty in a Nutshell KF1105 .M34 2005
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"Authoritative text covers maritime jurisdiction and substantive law. Explores maritime property liens and the seaman's employment contract, wages, and compromise of claims. Discusses marine insurance, towage and pilotage, salvage, and general average. Addresses maritime tort law, collision law, worker injury claims, wrongful death, and platform injuries. Also covers sovereign immunity; joint and several liability, indemnity, and contribution; liability limitations; and jurisdiction and procedure in maritime claims."
Admiralty Law: An Overview (from Cornell Legal Information Institute) provides an overview of admiralty law including links to related federal and state statutes, state judicial decisions, conventions and treaties, and key internet sources.
Treatises and In-Depth Resources
Thomas J. Schoenbaum, Admiralty and Maritime Law KF1104 .S36 2004
Available on Westlaw
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"Three-volume set providing a ready reference to the special procedures, rules, jurisdiction questions and remedies of American admiralty and maritime law. It is a useful guide to current practice, recent cases and developments and a helpful overview of the history and traditions underlying today's law. Detailed footnotes supply additional author commentary and citations to leading cases. Sample forms and documents are included for your convenience. ."
Erastus Cornelius Benedict, Benedict on Admiralty KF308.A6 N37
Available on Lexis
- Concise treatise of maritime law. Contains discussions of current issues, explanations of court opinions and their implications, reprints of hard-to-find primary source materials, charter parties and clauses, treaties, admiralty rules, marine insurance forms, and practice and procedure forms on a variety of maritime issues. Updated with looseleaf supplements.
Martin J. Norris, The Law of Seaman.
Available on Westlaw
This online treatise provides coverage of maritime law governing rights and obligations of merchant seamen. It includes statutes, rules, and case law. and covers topics such as jurisdiction, definitions, duties of American consults, relation of foreign counsels to seamen, maritime administrative law, shipping articles, log books, desertion, crew salvage and more.
Grant Gilmore & Charles Black, The Law of Admiralty.
KF1104 .G47
Although Gilmore and Black has not been updated since 1975, it is still one of the leading treatises on the subject of maritime law.
Admiralty Journals and Bibliographies
There are a few journals devoted to martime law issues:
- Journal of Maritime Law and Commerce K10 .O58
- Loyola Maritime Law Journal K12 .O92
- Tulane Maritime Law Journal K25 .U44
- University of San Francisco Maritime Law Journal K25 .N734
The Journal of Maritime Law and Commerce publishes an annual annotated bibliography of maritime articles published in non-maritime journals.
- H. Kumar Percy Jayasuriya & Melanie Oberlin, Admiralty and Maritime Law Articles Published in Non-Maritime Law Journals (2008), 40 J. Mar. L. & Com. 149-184 (2009).
- H. Kumar Percy Jayasuriya & Melanie Oberlin, Admiralty and Maritime Law Articles Published in Non-Maritime Law Journals (2007), 39 J. Mar. L. & Com. 229-273 (2008).
- H. Kumar Percy Jayasuriya & Melanie Oberlin, Admiralty and Maritime Law Articles Published in Non-Maritime Law Journals (2006), 38 J. Mar. L. & Com. 229-258 (2007).
- H. Kumar Percy Jayasuriya & Melanie Oberlin, Admiralty and Maritime Law Articles Published in Non-Maritime Law Journals (2005), 37 J. Mar. L. & Com. 589-614 (2006).
- H. Kumar Percy Jayasuriya, Admiralty and Maritime Law Articles Published in Non-Maritime Law Journals (2004), 36 J. Mar. L. & Com. 405-423 (2005).
- H. Kumar Percy Jayasuriya, Admiralty and Maritime Law Articles Published in Non-Maritime Law Journals (2003), 35 J. Mar. L. & Com. 405-429 (2004).
- H. Kumar Percy Jayasuriya, Admiralty and Maritime Law Articles Published in Non-Maritime Law Journals (2002), 34 J. Mar. L. & Com. 511-526 (2003).
Cases
Reporters
Article III of the U.S. Constitution grants the federal courts jurisdiction. Federal admiralty decisions authorized for publication are available through the West federal reporter system. Because admiralty cases may be removed to state courts, some decisions are available in state court reporters.
American Maritime Cases (AMC) is a reporter devoted to maritime cases. It maintains its own headnotes and digesting system. It is available in print in the library at KF1100.A2 A4 or online via Lexis or Westlaw.
Government Resources
Federal Maritime Commission regulates common carriers by water and other persons involved in the foreign commerce of the U.S. under provisions of the Shipping Act of 1984, as amended by the Ocean Shipping Reform Act of 1998 [46 U.S.C. app. 1701-1720]; section 19 of the Merchant Marine Act, 1920 [46 U.S.C. app. 876]; the Foreign Shipping Practices Act of 1988 [46 U.S.C. app. 1710a]; sections 2 and 3, Pub. L. 89-777, Financial Responsibility for Death or Injury to Passengers and for Non-Performance of Voyages [46 U.S.C. app. 817d and 817e]; and other applicable statutes.
House Committee on Transportation & Infrastructure governs U.S. transportation and infrastructure. Of the many subcommitees on transportation the one most focused upon maritime issues is the Subcommittee on Coast Guard & Maritime Transportation.
Senate Committee on Commerce, Science & Transportation governs U.S. commerce, science & transportation.
Maritime Administration - Department of Transportation
- MARAD programs promote the development and maintenance of an adequate, well-balanced United States merchant marine, sufficient to carry the Nation's domestic waterborne commerce and a substantial portion of its waterborne foreign commerce, and capable of service as a naval and military auxiliary in time of war or national emergency. MARAD also seeks to ensure that the United States maintains adequate shipbuilding and repair services, efficient ports, effective intermodal water and land transportation systems, and reserve shipping capacity for use in time of national emergency.
- The United States Coast Guard is a military, multimission, maritime service within the Department of Transportation and one of the nation's five armed services. Its core roles are to protect the public, the environment, and U.S. economic and security interests in any maritime region in which those interests may be at risk, including international waters and America's coasts, ports, and inland waterways.
Associations and Organizations
Maritime Law Association of the United States
- The MLA is a professional organization concerned with improvements in the maritime law. The MLA membership consists of lawyers involved in maritime matters, judges active in matters involving admiralty issues, admiralty law professors, and non-lawyers who are selected because they hold responsible positions in the maritime field and have rendered distinguished service in the advancement of maritime law or its administration.
- MLA Publications Library contains: Amicus Briefs; Articles & Speeches; Board Minutes; Committee Agenda; Minutes & Materials; Committee Reports & Newsletters; Forms for Membership; Directory Updates; Meeting Information; MLA Administrative Guides; Position Papers; President's Newsletters; Resolutions; Seminar Papers and Materials; Transcripts of Meetings.
Other Resources
Admiralty and Maritime Law Guide (WWW Virtual Library)
- Includes over 1,500 annotated links to admiralty law resources on the Internet and a growing database of admiralty case digests, opinions and international maritime conventions.
Last Updated 4/9/2010 (sas)
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