668, 675-76 (1982) ("existence of admiralty jurisdiction
does not turn on whether a vessel was used for commerce or recreation")).
3) Ongoing or potential intrastate commerce does not confer admiralty jurisdiction
And in Bolchos, the seizure of the slaves occurred on land after they had been taken off the prize ship, which was why admiralty jurisdiction
was shaky and the judge made reference to the ATS in the first place.
Once a federal maritime claim is alleged, the claimant may bring an action in federal court exercising admiralty jurisdiction
under Article III, Section 2 of the Constitution.
In addition to the navigability for title test, slightly different navigability tests govern the scope of: (1) federal authority under the Commerce Clause, (34) (2) the federal navigational servitude, (35) and (3) admiralty jurisdiction
under Article III of the U.
For application of the Eleventh Amendment to admiralty jurisdiction
, see generally, David J.
Convinced that admiralty jurisdiction
supplied a unique opportunity to remodel the system of tort recovery, the Court acted without deference to Congress or the States.
English tradition confining admiralty jurisdiction
to tidewaters in
over these sorts of claims may preempt competing legal rules that would otherwise apply on land and may limit the compensation that can be sought by victims in some circumstances.
See also Admiralty Jurisdiction
Act (Extension of Admiralty Jurisdiction
Act), 46 App.
The Kirby decision makes it easier to establish admiralty jurisdiction
in what had previously been thought of as mixed contracts cases, which is probably a good thing for insurance companies," said Michael Sturley, a University of Texas law professor and maritime law specialist retained by Kirby Engineering.
He carries statutory workmen's compensation insurance in all states where operations are conducted and has no exposure under admiralty jurisdiction
or the Jones Act; none under the Federal Employer's Liability Act and none under the Federal Longshoremens and Harborworkers Act.
Although there was substantial debate over the extent of power and jurisdiction of federal judges, the grant of admiralty jurisdiction
to the federal courts was added "without controversy.
This debate was fuelled by the desire for autonomy from England and the disagreement amongst Canadian politicians regarding which court was best suited to exercise admiralty jurisdiction
In addition, the historic application of the law of salvage to shipwrecks is so well established that "federal courts in admiralty jurisdiction
accept without comment the propriety of [the law in] shipwreck actions.