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Origins of Federal Admiralty Jurisdiction in an Age of Privateers, Smugglers, and Pirates

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dc.contributor.author Casto, William R.
dc.date.accessioned 2010-04-09T16:30:07Z
dc.date.available 2010-04-09T16:30:07Z
dc.date.issued 1993
dc.identifier.citation 37 Am. J. Legal Hist. 117 en_US
dc.identifier.uri http://hdl.handle.net/10601/471
dc.description.abstract The purpose of this essay is to provide a glimpse of a world of admiralty litigation quite foreign to the late twentieth century experience. In this forgotten world there was a clear consensus on the need to create federal admiralty courts, and we may assume that the Founding Generation understood this collectively felt need. But two hundred years later, we remember only the consensus. The reasons underlying the original agreement on admiralty jurisdiction have been lost. Leading admiralty scholars lament "the almost total lack of light on the genesis of [the Constitution's admiralty] clause." Nevertheless, surviving documentary evidence indicates quite clearly that the admiralty clause was placed in the Constitution and the federal admiralty courts were subsequently created to assure complete federal jurisdiction over three specific categories of litigation: prize cases, criminal prosecutions, and cases arising under federal revenue laws. The evidence further indicates that the Founding Generation was unconcerned about the need for a national-as opposed to state-admiralty jurisdiction over private civil litigation. en_US
dc.language.iso en_US en_US
dc.relation.uri http://www.heinonline.org/HOL/Page?handle=hein.journals/amhist37&collection=journals&id=129&men_hide=false&men_tab=citnav
dc.relation.uri http://web2.westlaw.com/find/default.wl?fn=_top&rs=WLW6.09&rp=%2ffind%2fdefault.wl&mt=LawSchool&vr=2.0&sv=Split&cite=37+Am.+J.+Legal+Hist.+117
dc.subject admiralty litigation en_US
dc.subject prizes cases en_US
dc.subject criminal prosecutions en_US
dc.subject federal revenue laws en_US
dc.title Origins of Federal Admiralty Jurisdiction in an Age of Privateers, Smugglers, and Pirates en_US
dc.type Article en_US


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