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SKILL SHARPENER
The Tulane Maritime Law Center Anchors Program in Unique Specialty [by Erica Winter] The first of its kind in the United States, Tulane Law School’s Maritime Law Center pulls resources from nearby law firms in New Orleans and maritime scholars from around the world to anchor a preeminent admiralty and maritime law program at the school.
New Orleans is only second to New York in its
What maritime law students study is both
ship is worth $4 million, holding out the ship
number of maritime attorneys, says Martin
usual-and not.
as bait is a persuasive lure.
Professor of Maritime Law and Co-Director
While maritime law may seem to be a narrow
When practicing maritime law, an attorney
of the Maritime Law Center. In 1982, a group
field, it is actually “very broad and varied,”
could spend one day on an international car-
of New Orleans firms joined with Tulane Law
says Davies. It is a subset of international
riage case, one on a pollution issue, the next
School and its well-established admiralty
trade law focusing on ships and what they
day arrest a ship, and the next work on a per-
and maritime academic program to form the
do. In some arenas, laws are simply applied
sonal injury case. In this way, the specialty is
center.
to maritime issues; in others, maritime laws
similar to other areas of law practice, such
are in a separate pool altogether.
as sports law or Internet law, in that the law
Davies, Tulane’s Admiralty Law Institute
At least 100 law schools in the United States
in general is applied to a specific context,
teach some classes in admiralty and mari-
Most of the legal work in maritime law
time law, usually one or two, says Davies. Tu-
happens in two main areas: carriage of
says Davies.
lane offers 12 courses every year, as well as
goods and personal injury. The latter is a
Yet the difference between maritime law and
an LL.M. degree in the specialty. In addition
good example of one of the separate pools.
other areas is that, in maritime cases, the
to three professors affiliated with the center,
Personal injury law is usually governed on a
courts are applying a separate body of law
the school brings in one international visiting
state level, explains Davies. For maritime law
to the case at hand. Also, some areas of the
faculty member each semester to teach.
in the United States, these become federal
field are borderless; others depend on the
issues, and the applicable federal laws are a
nation involved.
The center also holds seminars and continu-
completely separate part of tort law. Davies, teaching at Tulane Law since 1999,
ing education programs for lawyers and holds the Admiralty Law Institute, a biannual
Other issues in the maritime legal net in-
has also practiced and taught maritime law
internationally attended conference.
clude environmental problems, collisions of
in Australia and his native United Kingdom.
ships, ship salvage (one ship helping another
Maritime law is, by nature, an international
There are usually around 60 Tulane Law
in distress), and procedure in admiralty juris-
field. “I’m living proof of the international
students who specialize in admiralty and
diction.
transportability” of this work, says Davies.
of specialization if they have successfully
Jurisdiction is often a thorny problem for
While shipping laws vary from country
completed at least 12 credits (five classes) in
ships. Most ocean-going ships coming into
to country, there are also internationally
the field. Tulane also has about 20 students
the United States are foreign-owned. Finding
agreed-on conventions governing shipping.
per year going for their LL.M.s in admiralty
the owner and having him appear in a U.S.
For example, a carrier’s obligations to its
and maritime law.
court to have him respond to, for example, a
clients, cargo, and crew are internationally
personal injury suit, can be a challenge.
established.
specializing in maritime law but who take
One solution used by maritime lawyers in
Pollution laws for shippers, however, are
advantage of the program. Davies has 138
these situations is to “arrest the ship,” says
not global. After the Exxon Valdez oil spill off
students in his Admiralty I. class in the fall
Davies. The boat and all the people and
the coast of Alaska, the United States has
semester. “They are at Tulane, and this is the
cargo on board are held in the port until the
stricter oil-spill rules than other nations.
place,” says Davies.
owner/defendant makes an appearance. If
Most of what changed involved regulation for
the owner is facing a $30,000 claim and the
the structure of vessels and rules on pay-
maritime law. They can receive certificates
There are many students who are not
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