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• Title:Admiralty and maritime law / by Thomas J. Schoenbaum ; with the assistance of Jessica L. McClellan.
  
•    
• Author/Creator:Schoenbaum, Thomas J.
  
• Other Contributors/Collections:McClellan, Jessica L.
  
• Published/Created:St. Paul, MN : West, ©2012.
  

• Holdings

  Holdings Record Display

  • Location: c.1  Temporarily shelved at LAW LIBRARY reference room (level 2)Where is this?
    
  • Call Number: KF1104 .S36 2012
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Maritime law--United States.
  Admiralty--United States.
  
• Edition:5th ed.
  
• Description:xvi, 1,110 pages : forms ; 27 cm
  
• Series:Hornbook series.
  
• Summary:Previous editions published : 4th (2004) and 1st (1987).
  
• Notes:Includes bibliographical references and index.
  Kept up to date by pocket parts.
  
• ISBN:9780314911575
  031491157X
  
• Contents:Machine generated contents note: ch. 1 Admiralty Jurisdiction
  Sec. 1-1 Constitution and Statutory Basis of Admiralty Jurisdiction
  Sec. 1-2 Admiralty Jurisdiction: General Considerations
  Sec. 1-3 Navigable Waters: The Locality Aspect of the Jurisdiction
  Sec. 1-4 Admiralty Extension Act
  Sec. 1-5 Admiralty Tort Jurisdiction
  Sec. 1-6 What Is a Vessel?
  Sec. 1-7 Seamen
  Sec. 1-8 Longshore and Harbor Workers
  Sec. 1-9 Continental Shelf Operations
  1. Jurisdiction
  a. Situs
  b. Choice of Law
  2. Longshore Act on the OCS
  Sec. 1-10 Admiralty Contract Jurisdiction
  Sec. 1-11 Products Liability
  Sec. 1-12 Admiralty Criminal Jurisdiction
  1. U.S. Flag Vessels
  2. Foreign Flag Vessels
  3. Stateless Vessels
  ch. 2 Federalism and Admiralty
  Sec. 2-1 Sources of Substantive Admiralty Law
  Sec. 2-2 Application of State Law in Admiralty
  Sec. 2-3 Preemption in Admiralty
  Sec. 2-4 State Concurrent Jurisdiction Over Admiralty Claims
  Sec. 2-5 Removal Jurisdiction
  ch. 3 Admiralty and the General Maritime Law
  Sec. 3-1 General Maritime Law: An Introduction
  Sec. 3-2 General Maritime Law of Negligence
  Sec. 3-3 Causation
  Sec. 3-4 Comparative Fault
  Sec. 3-5 Passengers and Visitors
  Sec. 3-6 Classification Societies
  Sec. 3-7 Products Liability in Admiralty
  Sec. 3-8 Marine Service Contracts, Shipbuilders and Ship Repairers
  Sec. 3-9 Marine Service Contracts and the Warranty of Workman-like Performance
  Sec. 3-10 Unseaworthiness
  Sec. 3-11 Intentional Wrongs
  Sec. 3-12 Assumption of Risk
  Sec. 3-13 Last Clear Chance
  Sec. 3-14 Contributory Negligence
  Sec. 3-15 Joint and Several Liability
  Sec. 3-16 Damages
  1. Lost Earning Capacity
  a. Past Wage Losses
  b. Future Earning Capacity
  2. Medical and Other Expenses
  3. Pain and Suffering
  Sec. 3-17 Loss of Society and Consortium
  Sec. 3-18 Punitive Damages
  Sec. 3-19 Contribution and Indemnity
  1. Contribution
  2. Indemnity
  a. Tort Indemnity
  b. Ryan Indemnity
  3. Contribution and Indemnity Against Persons With Immunity
  Sec. 3-20 Contribution and Settlement
  Sec. 3-21 Contract Indemnity
  Sec. 3-22 Interest
  Sec. 3-23 Time for Filing Suit
  Sec. 3-24 Choice of Law and Conflicts of Law
  ch. 4 Seamen
  A. Introduction
  Sec. 4-1 Seamen's Rights
  -In General
  B. Protection And Welfare
  Sec. 4-2 Seamen's Documents
  Sec. 4-3 Contract of Service
  Sec. 4-4 Wages
  Sec. 4-5 Loss of the Vessel
  Sec. 4-6 Discharge
  Sec. 4-7 Accommodation and Welfare
  C. Employment Related Injuries
  Sec. 4-8 Seamen's Remedies
  -In General
  Sec. 4-9 Seaman Status
  Sec. 4-10 Scientific Personnel
  Sec. 4-11 Claims Against the United States
  Sec. 4-12 Claims Against State and Local Governments
  Sec. 4-13 Foreign Seaman, Choice of Law, Arbitration, and Forum Non Conveniens
  Sec. 4-14 Survival and Wrongful Death
  Sec. 4-15 Seamen's Suits Against Third Parties Under the General Maritime Law
  Sec. 4-16 Time for Filing Suit
  Sec. 4-17 Release and Settlement
  Sec. 4-18 Damages
  1. Past (pre-judgment) Loss of Wages
  2. Loss of Future Earning Capacity
  3. Past and Future Medical Expenses
  4. Pain, Suffering, and Loss of Life's Enjoyments
  5. Interest
  6. Contributory Negligence
  7. Jury Awards
  8. Punitive Damages
  Sec. 4-19 Contribution and Indemnity
  D. Jones Act
  Sec. 4-20 Jones Act: Procedural Issues
  Sec. 4-21 Jones Act: Duty and Liability Issues
  Sec. 4-22 Jones Act: Standard of Care and Causation
  Sec. 4-23 Jones Act Defendant
  Sec. 4-24 Primary Duty Doctrine
  E. Unseaworthiness
  Sec. 4-25 Unseaworthiness: Elements and Defenses
  Sec. 4-26 What Is an Unseaworthy Vessel?
  Sec. 4-27 Persons to Whom the Duty of Seaworthiness Is Owed
  F. Maintenance, Cure And Unearned Wages
  Sec. 4-28 Maintenance and Cure
  -The Obligation in General
  Sec. 4-29 Unearned Wages
  Sec. 4-30 In the Service of the Vessel
  Sec. 4-31 Defenses to Maintenance and Cure
  Sec. 4-32 Amount of Maintenance and Cure Recoverable
  Sec. 4-33 When the Obligation to Pay Maintenance and Cure Terminates
  Sec. 4-34 Compensatory and Punitive Damages for Refusal to Pay Maintenance and Cure
  Sec. 4-35 Indemnity and Contribution for Maintenance and Cure
  Sec. 4-36 Laches
  ch. 5 Longshore and Harbor Workers
  Sec. 5-1 Background
  Sec. 5-2 Coverage Under the Longshore Act
  Sec. 5-3 Offshore Workers
  Sec. 5-4 Exclusivity of the Longshore Act
  Sec. 5-5 Administration and Practice
  Sec. 5-6 Compensation and Benefits
  1. Medical Services and Supplies
  2. Disability
  a. Permanent Total Disability
  b. Temporary Total Disability
  c. Permanent Partial Disability
  d. Temporary Partial Disability
  3. Death Benefits
  4. Rehabilitation
  Sec. 5-7 Special Fund and the Credit Doctrine
  Sec. 5-8 Settlements
  Sec. 5-9 Attorneys' Fees
  Sec. 5-10 Suits Against "Vessels" and Other Third Parties
  1. Turnover Duty of Safe Condition
  2. Turnover Duty to Warn
  3. Active Involvement Duty
  4. Active Control Duty
  5. Duty to Intervene
  6. Duty to Supervise and Inspect
  Sec. 5-11 Compensation Lien and Third Party Suits: The Effect of the Stevedore's Concurrent Negligence
  Sec. 5-12 Settlement of Third Party Suits
  Sec. 5-13 Stevedore/Employer's Burnside Remedy Against the Third Party
  Sec. 5-14 Indemnity and Contribution
  ch. 6 Wrongful Death
  Sec. 6-1 Background
  Sec. 6-2 Death on the High Seas Act
  Sec. 6-3 Wrongful Death and Survival Actions Under the General Maritime Law
  Sec. 6-4 Jones Act
  Sec. 6-5 Longshoreworkers
  Sec. 6-6 Platform Workers
  ch. 7 Carriage of Goods
  A. Business Of Shipping
  Sec. 7-1 Commercial Context: The Underlying Transactions and Contracts
  Sec. 7-2 Government Regulation of Ocean Transportation
  1. Vessels and Mariners
  2. Regulation of Business Practices of the Ocean Transportation Industry
  a. Historical Background
  b. Shipping Act of 1984 and the Ocean Shipping Reform Act of 1998
  (1). Ocean Common Carrier Agreements
  (2). Shippers and Shippers' Associations
  (3). Ocean Transportation Intermediaries
  (4). Publication and Filing of Ocean Transportation Rates
  (5). Prohibited Acts
  (6). Foreign Shipping Practices
  (7). Federal Maritime Commission
  (8). Surface Transportation Board
  3. Promotion of the U.S. Merchant Marine
  a. Merchant Marine Acts
  (1). Merchant Marine Act of 1920
  (2). Merchant Marine Act of 1936
  b. Citizenship Requirements
  c. Cargo Preference
  d. Maritime Administration
  4. Other Cabotage Restrictions
  5. Miscellaneous Regulations and Agencies
  a. Department of Homeland Security and Department of Treasury
  b. Department of Agriculture
  c. Department of Transportation
  d. Maritime Security
  Sec. 7-3 Common Carriage and Private Carriage
  Sec. 7-4 Multimodal Carriage of Goods
  Sec. 7-5 Contract of Affreightment
  Sec. 7-6 Freight
  Sec. 7-7 Freight Forwarders, Agents, Brokers, and Non-Vessel Operating Common Carriers
  Sec. 7-8 Terminal Operators, Stevedores, and the Himalaya Clause
  1. Jurisdiction
  2. Liability
  a. Terminal Operators
  b. Stevedores
  3. Limitations and Defenses: The Himalaya Clause
  Sec. 7-9 Carrier
  Sec. 7-10 Proper Party to Bring Suit for Loss or Damages to Cargo
  B. Bill Of Lading
  Sec. 7-11 Bills of Lading: Applicable Laws, Function, and Use
  1. Clause Paramount
  2. Responsibility for Conveyance Clause
  3. Discharge and Delivery
  4. Acknowledgement of Weight/Quality Marks
  5. Voyage Clause
  6. Deck Cargo
  7. Carriers' Liberties in the Event of Blockade or Delay
  8. Container Clause
  9. Port Customs, Consular, and Other Regulations
  10. Transshipment Clause
  11. Dangerous, Inflammable, or Radioactive Goods
  12. Claims
  13. Freight
  14. Lien
  15. General Average
  16. Both-to-Blame Collision Clause
  17. New Jason Clause
  18. Rights and Immunities of All Servants and Agents of the Carrier
  19. Agency Clause
  20. Jurisdiction Clause
  Sec. 7-12 Misleading or Inaccurate Bill of Lading: The Doctrine of Estoppel and Protection of the Consignee
  C. International Conventions
  Sec. 7-13 International Conventions Relating to the Carriage of Goods by Sea
  Sec. 7-14 Hamburg Rules Verses the Hague-Visby Rules
  1. Scope of Application
  2. Period of Responsibility of the Carrier
  3. Liability of the Carrier
  4. Liability for Delay
  5. Loss
  6. Live Animals
  7. Deck Cargo
  8. Fire
  9. Saving Life or Property at Sea
  10. Comparative Fault
  11. Limits of Liability
  12. Multimodal and Through Transport
  13. Liability of the Shipper
  14. Transport Documents
  15. Time Limits for Claims and Suits
  Sec. 7-15 Rotterdam Rules
  D. Cogsa And The Harter Act
  Sec. 7-16 Coverage and Application of the Carriage of Goods by Sea Act and the Harter Act
  Sec. 7-17 Carrier's Responsibility Before Loading and After Discharge
  Sec. 7-18 Delivery of Cargo
  Sec. 7-19 Deck Cargo and Other Excluded Cargoes
  Sec. 7-20 Exoneration Clauses
  Contents note continued: Sec. 7-21 Choice of Law and Choice of Forum Clauses
  Sec. 7-22 Arbitration Clauses
  Sec. 7-23 Shipper's Prima Facie Case
  Sec. 7-24 Dangerous Cargo
  Sec. 7-25 Burdens of Proof and Presumptions
  Sec. 7-26 Duty of the Carrier to Make the Vessel Seaworthy and to Provide a Proper Ship
  Sec. 7-27 Carrier's Duty to Properly Load, Handle, and Care for the Cargo
  Sec. 7-28 Neglect of the Carrier in the Navigation or Management of the Ship
  Sec. 7-29 Fire
  Sec. 7-30 Overwhelming Natural Forces: Perils of the Sea and Act of God
  Sec. 7-31 Overwhelming Human Forces: Act of War, Act of Public Enemies, Restraint of Princes, Quarantine, Strikes, Riots and Civil Commotions
  Sec. 7-32 Faults of the Shipper, Inherent Vice, Insufficiency of Packing and Latent Defects
  Sec. 7-33 Q Clause: The Catch-All Exemption
  Sec. 7-34 Deviation and Fundamental Breach (Herein Also the (l) Clause of COGSA)
  Sec. 7-35 Limitation of Liability and the "Package" Problem
  Sec. 7-36 Customary Freight Unit
  Sec. 7-37 Opportunity to Declare a Higher Value
  Sec. 7-38 Damages
  Sec. 7-39 Damages for Delay
  Sec. 7-40 Consequential Damages
  Sec. 7-41 Indemnification and Contribution
  Sec. 7-42 Notice of Loss or Damage
  Sec. 7-43 Time Limit for Filing Suit
  ch. 8 Charter Parties
  A. Contract Formation And Terms
  Sec. 8-1 Charter Party Forms and Functions
  Sec. 8-2 Charter Party Fixtures: Formation of the Contract
  Sec. 8-3 Demise (Bareboat) Charter
  Sec. 8-4 Voyage Charter
  Sec. 8-5 Time Charter
  B. Bills Of Lading Under Charter Parties
  Sec. 8-6 Bills of Lading Under Charter Parties
  Sec. 8-7 Bills of Lading Under Charter Parties: Who Is the Carrier?
  C. Major Charter Party Issues And Problems
  Sec. 8-8 Obligation to Provide a Seaworthy Vessel Ready to Load
  Sec. 8-9 Care of the Ship and Redelivery
  Sec. 8-10 Safe Port and Safe Berth Clauses
  Sec. 8-11 Freight, Hire, and the Off-Hire Clause
  Sec. 8-12 Charterer's Recovery for Loss of Use of the Vessel
  Sec. 8-13 Liability for Cargo Damage
  Sec. 8-14 Prosecution of the Voyage
  Sec. 8-15 Loading and Discharge: Lay Time, Demurrage, and Detention
  Sec. 8-16 Frustration and Commercial Impracticability
  Sec. 8-17 Remedies and Liens
  Sec. 8-18 Indemnity and Responsibilities to Third Parties
  Sec. 8-19 Arbitration
  ch. 9 Towage
  Sec. 9-1 Towage Defined
  Sec. 9-2 Contract of Towage
  Sec. 9-3 Duties and Liabilities of Tug to Tow and Cargo
  Sec. 9-4 Warranty of Workmanlike Service
  Sec. 9-5 Duties of the Tow
  Sec. 9-6 Rights of Third Parties Against the Tug and the Tow
  Sec. 9-7 Towage and Limitation of Liability
  Sec. 9-8 Exculpation Clauses in Towing Contracts
  Sec. 9-9 Contracts to Procure Insurance and Waiver of Subrogation
  Sec. 9-10 Forum Selection Clauses and Conflicts of Laws
  ch. 10 Pilotage
  Sec. 10-1 Pilot
  Sec. 10-2 Government Regulation
  Sec. 10-3 Pilot's Rights Against the Ship
  Sec. 10-4 Liability of Pilots and Their Employers
  Sec. 10-5 Pilots' Associations
  Sec. 10-6 Liability of the Owner and the Vessel to Third Parties
  Sec. 10-7 "Borrowed Servant" Doctrine and the "Pilotage Clause"
  ch. 11 Collision and Marine Casualty
  Sec. 11-1 Introduction
  Sec. 11-2 Basis of Liability
  Sec. 11-3 Presumptions, Burden of Proof, and Evidence
  Sec. 11-4 Apportionment of Liability
  Sec. 11-5 Wreck Act
  Sec. 11-6 Damages
  Sec. 11-7 Economic Losses and Remote Claims
  Sec. 11-8 Cargo Damages, Rights and Duties
  Sec. 11-9 Jurisdiction and Choice of Law
  ch. 12 Limitation of Liability
  Sec. 12-1 Background
  Sec. 12-2 Persons Entitled to Limit Liability
  Sec. 12-3 Choice of Law
  Sec. 12-4 Insurance Underwriter
  Sec. 12-5 Procedure and Practice
  Sec. 12-6 Privity or Knowledge
  Sec. 12-7 Limitation Fund
  Sec. 12-8 Claims Subject to Limitation
  Sec. 12-9 Distribution of the Fund
  ch. 13 Salvage
  Sec. 13-1 Nature and Elements of Marine Salvage
  Sec. 13-2 Property Subject to Salvage
  Sec. 13-3 Who Can Be a Salvor?
  Sec. 13-4 Salvor's Negligence and Misconduct
  Sec. 13-5 Salvage Award
  Sec. 13-6 Contract Salvage
  Sec. 13-7 Treasure Salvage, Historic Shipwrecks, Abandoned Property, and the Law of "Finds"
  Sec. 13-8 Life Salvage
  Sec. 13-9 International Salvage Conventions
  ch. 14 Admiralty Practice and Procedure
  Sec. 14-1 Pleading Admiralty and Maritime Claims: The Rule 9(h) Election
  Sec. 14-2 Maritime Garnishment and Attachment: Rule B and State Attachment Remedies
  Sec. 14-3 Action in Rem: Rule C
  Sec. 14-4 Possessory, Petitory, and Partition Actions: Rule D
  Sec. 14-5 General Provisions Applicable to Actions in Rem and Quasi in Rem: Rule E
  Sec. 14-6 Constitutional Questions and the Admiralty Rules
  Sec. 14-7 Limitation of Liability: Rule F
  Sec. 14-8 Third-Party Practice
  Sec. 14-9 Supplemental Jurisdiction
  Sec. 14-10 Jury Trials in Admiralty
  Sec. 14-11 Venue and Transfer Between Districts
  Sec. 14-12 Choice of Law and Forum Non Conveniens
  Sec. 14-13 Appeals
  Sec. 14-14 Injunctive Relief in Admiralty
  Sec. 14-15 Maritime Arbitration
  Sec. 14-16 Enforcement of Arbitration Awards and Maritime Judgments.