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Admiralty Jurisdiction: Critique and Suggestions

By Jr. Charles L. Black


When a new city plan is put into effect, ancient land-marks are likelyto come in for rough treatment. This is sometimes a matter of necessaryclearance of right of way, and sometimes merely one of conforming an antiquated style of architecture more nearly to a newer type. In the 1948 revision of the Judicial Code, the latter is the motive most likely to have beenat work in bringing about the rewording of the phrase \u22saving . . . [the]common law remedy\u22 to maritime suitors. To that time-honored language(coeval with the federal judiciary itself), the doctrines and practices allocatingjurisdiction, as between state and federal courts, in matters maritime, havebeen in effect a gloss. Whether the revised phraseology, (\u22saving . . . anyother remedy . . .\u22) really means or can be taken to mean the same as theolder formula is a matter of some question

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1950
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