Admiralty’s Influence on Transnational Procedure
Admiralty was the original site of transnational litigation in U.S. courts. Given the breadth of admiralty jurisdiction, the federal courts developed a number of procedural tools for balancing international comity and practical concerns in these international business disputes. Just because a foreign ship showed up in a U.S. port, for instance, didn’t mean a U.S….
Continue ReadingThrowback Thursday: The Human Rights of Foreign Sailors
Litigation in U.S. courts involving gross misconduct committed outside the United States by non-U.S. actors did not begin with the revival of the Alien Tort Statute in the 1980s. In the earlier era of global trade that centered around maritime commerce, U.S. admiralty courts at times remedied—often with moral outrage—wrongs committed on the high seas….
Continue ReadingThrowback Thursday: Mason v. The Blaireau
Admiralty has always been a site of transnational litigation in the United States. From the earliest years of the Republic, the admiralty courts heard disputes brought by foreigners against foreigners over incidents that occurred outside the United States—cases that today might be derided as “foreign-cubed.” These “foreign-cubed” admiralty decisions are worth a fresh look because…
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