opinion established a broad reach for federal admiralty jurisdiction
Once the Court determined its subject matter jurisdiction, it turns to analyze if admiralty jurisdiction
extend to suits to enforce foreign judgments on maritime claims, even if those judgments were not rendered by specialized admiralty courts, and states:
One feature of the cases that seems to contradict the original meaning of the ATS in 1789 was the overlap with admiralty jurisdiction
. I explained above my reasons for concluding that the ATS was not intended to encompass piracy, which the First Congress intended to fall exclusively within the federal court's admiralty and maritime jurisdiction.
Whether or not a floating craft is a "vessel" is often central to determining whether a court may exercise admiralty jurisdiction
. 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.S.
For application of the Eleventh Amendment to admiralty jurisdiction
, see generally, David J.
Under my reading of the word "all," Congress may specify that some or all cases brought under federal question, ambassador, and admiralty jurisdiction
are within the exclusive jurisdiction of the federal courts generally.
Harmon, a case which was interpreted for several decades to hold that the Limitation Act formed an independent basis for admiralty jurisdiction
. In a 1990 case, the Supreme Court stated in a footnote that it would not reach the question of whether the Limitation Act was an independent basis for admiralty jurisdiction--which several Courts of Appeal took to mean that the Act's continued vitality as a jurisdictional basis was an open question.
This reform was preceded by a substantial research programme, culminating in the Australian Law Reform Commission's magisterial Report 33 on civil admiralty jurisdiction
, (2) which led to the enactment of the Admiralty Act 1988 (Cth).
The cases are presented along with textual commentary in chapters devoted to admiralty jurisdiction
, conceptual structure, and practice; personal injury, death, and tortuous harm to property; carriage of goods; collision; towage and pilotage; general average; salvage; maritime liens and ship mortgages; limitation of liability; marine insurance; sovereign immunity; and forum shopping.
(90) Neither the need for consistency nor the Constitution's grant of admiralty jurisdiction
, however, justifies an open-ended invitation for judicial lawmaking without sufficient basis in legal doctrine.
At various times piracy was under admiralty jurisdiction
(92) and common law jurisdiction; at other points, piracy cases were heard only in specially convened commissions.
in the constitutional scheme, concluding that the
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."