Admiralty Outline Overview Admiralty is federal law, originating in Article III, § 2 of Constitution. i. First Congress included Cases of Admiralty/Maritime in Judiciary Act. ii. Supremacy Clause. b. If say that case is admiralty/maritime case, governed by admiralty law, is to say that substantive admiralty law applies. i. Differences: statute of limitations, comparative laws for recovery, etc. a. Main: trial by judge. From very beginning, admiralty cases are w/o juries. May be why someone brings suit in admiralty – to avoid the jury. ii. Admiralty cases can’t be removed from state to federal courts. a. but most admiralty cases can be brought in state courts unless qualify under diversity. b. But federal admiralty law will be applied. iii. Jurisdiction arises under: a. 28 USC 1331: federal question b. 28 USC 1332: diversity c. 28 USC 1333: admiralty & maritime. iv. BUT, Congress didn’t choose to enact substantive law in the statutes – left to courts. v. Courts mainly address three issues: a. what is an admiralty case? b. if it is, what is the admiralty rule? c. construing the savings to suitors clause – eg, what types of cases does Congress mean to say that we only want federal courts sitting in admiralty to have jurisdiction over? Basics of Admiralty Requires: Locality + maritime nexus - Executive Jet decision. - DeLovio v. Boit (1815): Maritime insurance policies are within admiralty & maritime jurisdiction of US b/c maritime contracts include charter parties, affreightments, marine bonds, Ks for repairing, supplying & navigating ships, Ks between part owners – etc – AND insurance. Historical limitations: - Could only sue in rem - Forbade actions in personam vs. shipowner, master. - Rules precluding admiralty court from hearing matters arising w/in body of the country. - Forbidding admiralty jurisdiction where no influence of tide. - Forbidding admiralty jurisdiction involving building or sale of ship. - The Thomas Jefferson (SCOTUS, 1825): Action arising on Ohio to Missouri river is not in admiralty, because no influence of tide. Great Lakes Act (1845): extends jurisdiction to G. Lakes. o Becomes almost superfluous after Genesee Chief, but – still allows saving to suitors the right of jury trial if wanted. o Possible to have an equal protection argument – why in GL, but not other inland navigable waters. But no caselaw. The Genesee Chief v. Fitzhugh (SCOTUS, 1851): overrules the TJ. Holds that GL Act is Constitutional. o Lakes are inland seas o Hostile fleets have been encountered on them, prizes made, reason to have admiralty jurisdiction. o Nothing particular in the tide that makes waters suitable for admiralty. o Limiting admiralty in country with so many inland navigable waters is impracticable.
John Adams, the previous Federalist president, lost the Election of 1800 to Thomas Jefferson, a Democratic-Republican. Before Jefferson took office, Adams decided to appoint as many Federalists into the Supreme court as he could, including William Marbury, all of whom needed to be commissioned in order to be officially sworn in. However, Jefferson took office before the commissions could be handed out, and he ordered his Secretary of State, James Madison, to not deliver the commissions. Marbury proceeded to ask Marshall for a writ of mandamus (found in Section 13 of the Judiciary Act), forcing Madison to issue the commissions. This dispute between Marbury and Madison sparks the famous case. The dilemma here is the differences in interpretation. Some viewed Section 13 as unconstitutional, as it added power to the Judicial Branch, disrupting checks and balances. Others saw that “Marbury had been duly appointed…[and] the writ of mandamus [was] to be an appropriate legal remedy for resolving Marbury’s dilemma”(Clinton 86). Marshall wanted to issue the...
Cowhey’s uses a quote from the Dalai Lama that perfectly explains the difference between wanting a classroom with a Multicultural Education and actually having one. “Its not enough to be compassionate. You must act”. This book showed me that it takes more than understanding what Multicultural Education looks like, but how persistent you must be to achieve this type of education. Cowhey’s book is relevant to educators and the general public because it can inspire individuals from all walks of life to teach children how to be compassionate, empathetic, activists, critical thinkers, and so much more than what is usually expected of them. This book is relevant to my teaching practices because it made me realize how much more teaching is. Teaching is more than creating and implementing lessons, but so much more in
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Stories written in our present time about slavery in the eighteen-hundreds are often accepted as good accounts of history. However, Toni Morrison’s Beloved cannot be used to provide a good chronicle in the history of slavery. While writing about black female slaves and how they were the most oppressed of the most oppressed, Toni Morrison, herself as a female black writer, has a very bias view, as seen by many others. Beloved is written in a completely nonlinear fashion that makes it very difficult to view as a good account of history; the jumping around that it goes through makes it very difficult to place oneself into the story. Due to this jumping around that the book proceeds through, multiple viewpoints are easily created which completely derail the reader from the actual truth of what really happened. In many cases, Beloved does not show sign of what a true history would entail, as understood in the articles and essays of many.
In this paper I explain and reject Dworkin's arguments for his view of constitutional interpretation. But with Dworkin, I reject the "originalism" of Justice Scalia and Robert Bork. I champion, instead, the moderate view that Justice Hugo Black presents in his dissent in Griswold v. Connecticut. (2)
The evolution of power gained by the Federal government can be seen in the McCuloch versus Maryland (1819) case. This case des...
The commerce clause gives power to the government over the states. This was established in the Gibbons v. Ogden case in 1824. Gibbons and Ogden both were running their steamboats along the same route, on the Hudson River, which was between New Jersey and New York. Ogden received an injunction through a New York state court. This injunction concluded that Ogden had exclusive rights by the state to operate that route.
The idea of race and the stigma and stereotypes associated with different skin colors have been a constant in our society. From our country’s founding, race has been deeply engrained into our culture—the most prominent example being slavery—and has been the main source of conflict among people. The race issue in America has been illuminated in recent years both intellectually and physically; pieces of literature have been created that explore the repercussions of race in society and the historical implications situations, and events have sparked attention through the media that depict the issues that race creates. An example of examining race in America intellectually can be seen in Toni Morrison’s essay Playing in the Dark, which discusses
all judiciary cases in which any fact is involved,) or may they act by representatives, freely and
The use of logic and motivational proofs are also successful in this argumentative article. The authors uses Dallas’s consequences of a nuclear war to strengthen their own argument. The consequences ranged from health care failing, uninhabitable land, to lack of trust in the government which would lead to further destruction (Doyle and Helfand). By using Dallas’s examples the writers are able to state that these events would be impossible to prepare for (Doyle and Helfand). These consequences are acceptable examples of logic and motivational proofs. The authors exploit the advantage of the human need to stay safe by writing the consequences that could virtually wipe us out. The writers continue to claim that during the aftermath of just a few bombs that 2 billion people would be at risk of starvation. The authors back up this claim with a report that was “released in 2013 by the Nobel Laureate International Physicians for the Prevention of Nuclear War and its U.S. affiliate Physicians for Social Responsibility” (Doyle and Helfand). This is a successful logic and motivational proof that encourages the audience to have increased awareness of the ultimate dangers of a nuclear war and begin using steps to prevent them. Another exceptional example of the use of logic is how the authors claim that even using all of the money from the U.S. defense budget to build a Nuclear Global Health Workforce would be useless (Doyle and Helfand). The writers back up this claim by stating a source named “Medical Implications of Nuclear
In this passage Macbeth has come to visit the witches and demand that they tell him his fate. The witches decide to tell him his fate in the form of apparitions. The first apparition (not included in this passage) is to beware Macduff. The second apparition is called the “bloody child” ( 97), while the third is named “a child crowned, with a tree in his hand” ( 97). The witches play into Macbeth's ego when informing him of his fate, making them appear simple at first glance. These prophecies give Macbeth the idea that he’s invincible, leading him to believe that he can manipulate and control his fate.
Morrison, Toni. Playing in the Dark: Whiteness and the Literary Imagination. Cambridge. Harvard University Press, 1992.
Ignored as a person. Denied as a species. ‘The total absence of human recognition” (Morrison, 36). For decades, African-Americans have not only been looked down upon by white people, they have been dehumanized. Toni Morrison is controversial for pillorying this topic, that has been silenced by white society for years, not from the ‘Master Narrative’ perspective, that is the white male one’s, but from the exact opposite of this: an African-American girl. By doing this, she does not only awake pity for Pecola at the reader but also show how anti-black racism is constructed by social forces, interracially as well as intra-racially. Morrison represents African-Americans as people who suffer from the vacuum that white people create between them, the internalization of the white beauty ideal as well as the distancing behaviour towards their own people by African-Americans.
Duvall, John N. The Identifying Fictions of Toni Morrison: Modernity, Authenticity and Postmodern Blackness. New York: Palgrave, 2000. Print.
Marine Insurance is defined by section 7 of the Marine Insurance Act of 1909 as: